{"id":"nsw:act-2009-086","name":"Health Practitioner Regulation (Adoption of National Law) Act 2009","slug":"health-practitioner-regulation-adoption-of-national-law-act-2009","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"86 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62205,"registerId":"nsw-act-2009-086-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Health Practitioner Regulation (Adoption of National Law) Act 2009](/view/html/inforce/current/act-2009-086).\n> \n> **s 1:** Subst 2010 No 34, Sch 1 \\[1\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Subject to subsection (2), this Act commences on 1 July 2010.\n> \n> > (2) A proclamation made before 1 July 2010 may appoint a day that is later than 1 July 2010 as the day on which this Act commences.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Health Practitioner Regulation National Law (NSW) means the provisions applying in this jurisdiction because of section 4.\n> \n> > (2) Terms used in Part 2 and also in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) have the same meaning in Part 2 as they have in that Law.\n> \n> **s 3:** Am 2010 No 34, Sch 1 \\[2\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Adoption of Health Practitioner Regulation National Law","content":"# Part 2 Adoption of Health Practitioner Regulation National Law\n\nPart 2 Adoption of Health Practitioner Regulation National Law","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Adoption of Health Practitioner Regulation National Law","content":"#### 4 Adoption of Health Practitioner Regulation National Law\n\n4 Adoption of Health Practitioner Regulation National Law\n\n> > (1) The Health Practitioner Regulation National Law, as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland—\n> > \n> > > (a) applies as a law of this jurisdiction, with the modifications set out in Schedule 1, and\n> > \n> > > (b) as so applying may be referred to as the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), and\n> > \n> > > (c) so applies as if it were a part of this Act.\n> \n> > (2) If, after the commencement of this subsection, the Parliament of Queensland amends the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, the amendment (the Queensland amendment) does not apply in New South Wales until a regulation is made applying the Queensland amendment as an amendment to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), with or without modification.\n> \n> > (3) A regulation made under subsection (2) that applies a Queensland amendment with modification may, for that purpose, amend the Schedule to this Act.\n> \n> > (4) Despite the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 39, a regulation made under subsection (2) may commence on the day the Queensland amendment commences, including a day that is earlier than the day the regulation is published on the NSW legislation website.\n> \n> > (5) A regulation made under subsection (2) is repealed on the day after all of its provisions have commenced.\n> \n> > (6) The repeal of a regulation under subsection (5) does not affect the application of the Queensland amendment, with or without modification, provided for by the regulation.\n> \n> **s 4:** Am 2010 No 34, Sch 1 \\[3\\]; 2022 No 6, Sch 1.1.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction","content":"#### 5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction\n\n5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction\n\n> In the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a)—\n> \n> Magistrate means a person appointed under the [Local Court Act 2007](/view/html/inforce/current/act-2007-093) to be a Judge of the Local Court.\n> \n> this jurisdiction means New South Wales.\n> \n> **s 5:** Am 2025 No 61, Sch 2.48.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Health, performance and conduct process not to apply: co-regulatory jurisdiction","content":"#### 6 Health, performance and conduct process not to apply: co-regulatory jurisdiction\n\n6 Health, performance and conduct process not to apply: co-regulatory jurisdiction\n\n> It is declared that this jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3–12 of Part 8 of the Health Practitioner Regulation National Law.\n> \n> **s 6:** Subst 2010 No 34, Sch 1 \\[4\\].","sortOrder":7},{"sectionNumber":"6A","sectionType":"section","heading":"Adjudication body","content":"#### 6A Adjudication body\n\n6A Adjudication body\n\n> Each of the following entities is declared to be an adjudication body for the purposes of the Health Practitioner Regulation National Law—\n> \n> > (a) a Professional Standards Committee,\n> \n> > (b) a Council,\n> \n> > (c) a Performance Review Panel.\n> \n> > (d) (Repealed)\n> \n> **s 6A:** Ins 2010 No 34, Sch 1 \\[4\\]. Am 2012 No 39, Sch 1.1 \\[1\\].","sortOrder":8},{"sectionNumber":"6B","sectionType":"section","heading":"Co-regulatory authority","content":"#### 6B Co-regulatory authority\n\n6B Co-regulatory authority\n\n> Each Council is declared to be a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law.\n> \n> **s 6B:** Ins 2010 No 34, Sch 1 \\[4\\].","sortOrder":9},{"sectionNumber":"6C","sectionType":"section","heading":"Responsible tribunal for Health Practitioner Regulation National Law","content":"#### 6C Responsible tribunal for Health Practitioner Regulation National Law\n\n6C Responsible tribunal for Health Practitioner Regulation National Law\n\n> The Civil and Administrative Tribunal is declared to be the responsible tribunal for the purposes of the Health Practitioner Regulation National Law.\n> \n> **s 6C:** Ins 2010 No 34, Sch 1 \\[4\\]. Am 2013 No 95, Sch 6.4 \\[1\\].","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Application of legislation of this jurisdiction","content":"#### 7 Application of legislation of this jurisdiction\n\n7 Application of legislation of this jurisdiction\n\n> > (1) Subject to subsection (2), the following Acts of this jurisdiction do not apply to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) or to the instruments made under that Law—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) the [Freedom of Information Act 1989](/view/html/repealed/current/act-1989-005),\n> > \n> > > (c) the [Government Information (Information Commissioner) Act 2009](/view/html/inforce/current/act-2009-053),\n> > \n> > > (d) the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052),\n> > \n> > > (d1) the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152),\n> > \n> > > (d2) the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055),\n> > \n> > > (e) the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071),\n> > \n> > > (f) the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015),\n> > \n> > > (g) the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068),\n> > \n> > > (h) the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133),\n> > \n> > > (i) (Repealed)\n> > \n> > > (j) the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040),\n> > \n> > > (k) the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).\n> \n> > (2) The following Acts of this jurisdiction apply to the NSW provisions of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) and to the instruments made under the NSW provisions—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) the [Freedom of Information Act 1989](/view/html/repealed/current/act-1989-005),\n> > \n> > > (c) the [Government Information (Information Commissioner) Act 2009](/view/html/inforce/current/act-2009-053),\n> > \n> > > (d) the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052),\n> > \n> > > (d1) the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152),\n> > \n> > > (d2) the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055),\n> > \n> > > (e) the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071),\n> > \n> > > (e1) the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015),\n> > \n> > > (f) the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068),\n> > \n> > > (g) the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133),\n> > \n> > > (h) (Repealed)\n> > \n> > > (i) the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).\n> \n> **s 7:** Subst 2010 No 34, Sch 1 \\[5\\]. Am 2010 No 59, Sch 2.42; 2015 No 58, Sch 3.40 \\[1\\]; 2018 No 70, Sch 4.47\\[1\\] \\[2\\].","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"#### 8 Regulations\n\n8 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Review of Act","content":"#### 9 Review of Act\n\n9 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":14},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Modification of Health Practitioner Regulation National Law","content":"# Schedule 1 Modification of Health Practitioner Regulation National Law\n\nSchedule 1 Modification of Health Practitioner Regulation National Law\n\n**sch 1:** Ins 2010 No 34, Sch 1 \\[6\\]. Am 2010 No 57, Sch 1.10; 2010 No 97, Sch 2.11; 2010 No 119, Schs 1.15 \\[1\\] \\[2\\], 2.23; 2010 No 127, Sch 4.9; 2011 No 4, Sch 2.13; 2012 No 39, Sch 1.1 \\[2\\]–\\[27\\]; 2013 No 24, Sch 3 \\[1\\]–\\[4\\]; 2013 No 95, Schs 2.74, 6.4 \\[2\\]–\\[65\\]; 2014 No 64, Sch 2.6; 2014 No 84, Sch \\[1\\]–\\[8\\]; 2015 No 2, Sch 1.4 \\[1\\] \\[2\\]; 2015 No 7, Sch 2.20; 2015 No 15, Sch 2.24; 2015 No 58, Sch 3.40 \\[2\\]–\\[6\\]; 2016 No 4, Sch 1 \\[1\\]–\\[37\\]; 2017 No 22, Sch 1.10; 2017 No 50, Sch 1 \\[1\\]–\\[8\\]; 2018 No 22, Sch 2 \\[1\\]–\\[12\\]; 2018 No 25, Sch 1.14; 2018 No 33, Sch 5.8 \\[1\\] \\[2\\]; 2018 No 70, Sch 4.47\\[3\\]; 2018 No 73, Sch 3 \\[1\\] \\[2\\]; 2019 No 1, Sch 1.6; 2020 No 1, Sch 2.10; 2020 No 32, Sch 2\\[1\\]–\\[7\\]; 2022 No 41, Sch 2\\[1\\]–\\[4\\]; 2022 (668), Sch 1\\[1\\]–\\[6\\] (am 2023 (48), Sch 1\\[7\\] \\[8\\]) \\[6\\]; 2023 No 37, Sch 3\\[1\\] \\[2\\]; 2024 No 26, Sch 2\\[1\\]–\\[14\\]; 2025 (227), Sch 1\\[7\\]; 2025 No 30, Sch 2\\[1\\]–\\[3\\].","sortOrder":15},{"sectionNumber":"1A","sectionType":"section","heading":"Sections 3A and 3B","content":"#### 1A Sections 3A and 3B\n\n\\[1A\\] Sections 3A and 3B\n\n> Insert after section 3—","sortOrder":16},{"sectionNumber":"5A","sectionType":"section","heading":"Section 5, definitions of “NSW provision” and “NSW regulation”","content":"#### 5A Section 5, definitions of “NSW provision” and “NSW regulation”\n\n\\[5A\\] Section 5, definitions of “NSW provision” and “NSW regulation”\n\n> Insert in alphabetical order—\n> \n> > NSW provision means—\n> > \n> > > (a) a provision that forms part of this Law because of a modification made by the [Health Practitioner Regulation (Adoption of National Law) Act 2009](/view/html/inforce/current/act-2009-086); or\n> > \n> > > (b) a NSW regulation.\n> > \n> > Note.\n> > \n> > This definition is an additional New South Wales provision.\n> > \n> > NSW regulation means a regulation made under section 247A.\n> > \n> > Note.\n> > \n> > This definition is an additional New South Wales provision.","sortOrder":24},{"sectionNumber":"Part 5A","sectionType":"part","heading":"New South Wales Councils [NSW]","content":"# Part 5A New South Wales Councils [NSW]\n\nPart 5A New South Wales Councils \\[NSW\\]\n\nNote.\n\nThis Part is an additional New South Wales provision.","sortOrder":29},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary [NSW]","content":"## Division 1 Preliminary [NSW]\n\nDivision 1 Preliminary \\[NSW\\]","sortOrder":30},{"sectionNumber":"Division 2","sectionType":"division","heading":"Councils [NSW]","content":"## Division 2 Councils [NSW]\n\nDivision 2 Councils \\[NSW\\]","sortOrder":32},{"sectionNumber":"Division 3","sectionType":"division","heading":"Proceedings of Councils [NSW]","content":"## Division 3 Proceedings of Councils [NSW]\n\nDivision 3 Proceedings of Councils \\[NSW\\]","sortOrder":48},{"sectionNumber":"Division 4","sectionType":"division","heading":"Administration [NSW]","content":"## Division 4 Administration [NSW]\n\nDivision 4 Administration \\[NSW\\]","sortOrder":51},{"sectionNumber":"Division 5","sectionType":"division","heading":"Finance [NSW]","content":"## Division 5 Finance [NSW]\n\nDivision 5 Finance \\[NSW\\]","sortOrder":53},{"sectionNumber":"10","sectionType":"section","heading":"Section 121A","content":"#### 10 Section 121A\n\n\\[10\\] Section 121A\n\n> Insert after section 121—","sortOrder":58},{"sectionNumber":"10A","sectionType":"section","heading":"Section 127AA","content":"#### 10A Section 127AA\n\n\\[10A\\] Section 127AA\n\n> Insert after section 127A—","sortOrder":60},{"sectionNumber":"11","sectionType":"section","heading":"Section 129 Professional indemnity insurance arrangements","content":"#### 11 Section 129 Professional indemnity insurance arrangements\n\n\\[11\\] Section 129 Professional indemnity insurance arrangements\n\n> Insert after section 129 (1)—\n> \n> > Note.\n> > \n> > See also the [Health Care Liability Act 2001](/view/html/inforce/current/act-2001-042) which provides that medical practitioners practising in New South Wales must be covered by approved professional indemnity insurance within the meaning of that Act.","sortOrder":62},{"sectionNumber":"11A","sectionType":"section","heading":"Section 136A","content":"#### 11A Section 136A\n\n\\[11A\\] Section 136A\n\n> Insert after section 136—","sortOrder":63},{"sectionNumber":"12","sectionType":"section","heading":"Part 8 Health, performance and conduct","content":"#### 12 Part 8 Health, performance and conduct\n\n\\[12\\] Part 8 Health, performance and conduct\n\n> Insert after the heading to the Part—\n> \n> > Note.\n> > \n> > This Part, other than Division 2, is a substituted New South Wales provision.","sortOrder":65},{"sectionNumber":"13","sectionType":"section","heading":"Part 8, Division 1","content":"#### 13 Part 8, Division 1\n\n\\[13\\] Part 8, Division 1\n\n> Omit the Division. Insert instead—","sortOrder":66},{"sectionNumber":"14","sectionType":"section","heading":"Part 8, Division 2","content":"#### 14 Part 8, Division 2\n\n\\[14\\] Part 8, Division 2\n\n> Insert after the heading to the Division—\n> \n> > Note.\n> > \n> > This Division is a Health Practitioner Regulation National Law provision.","sortOrder":79},{"sectionNumber":"14AC","sectionType":"section","heading":"Section 142A","content":"#### 14AC Section 142A\n\n\\[14AC\\] Section 142A\n\n> Insert after section 142—","sortOrder":80},{"sectionNumber":"14A","sectionType":"section","heading":"Section 143A","content":"#### 14A Section 143A\n\n\\[14A\\] Section 143A\n\n> Insert after section 143—","sortOrder":82},{"sectionNumber":"15","sectionType":"section","heading":"Part 8, Divisions 3–14B","content":"#### 15 Part 8, Divisions 3–14B\n\n\\[15\\] Part 8, Divisions 3–14B\n\n> Omit Divisions 3–14. Insert instead—","sortOrder":84},{"sectionNumber":"sch.1-sec.15-frag-div.3-sdiv.1","sectionType":"division","heading":"Making complaints [NSW]","content":"### sch.1-sec.15-frag-div.3-sdiv.1 Making complaints [NSW]\n\nSubdivision 1 Making complaints \\[NSW\\]","sortOrder":86},{"sectionNumber":"sch.1-sec.15-frag-div.3-sdiv.2","sectionType":"division","heading":"How complaints are to be dealt with [NSW]","content":"### sch.1-sec.15-frag-div.3-sdiv.2 How complaints are to be dealt with [NSW]\n\nSubdivision 2 How complaints are to be dealt with \\[NSW\\]","sortOrder":95},{"sectionNumber":"sch.1-sec.15-frag-div.3-sdiv.3","sectionType":"division","heading":"Disciplinary powers of Professional Standards Committees [NSW]","content":"### sch.1-sec.15-frag-div.3-sdiv.3 Disciplinary powers of Professional Standards Committees [NSW]\n\nSubdivision 3 Disciplinary powers of Professional Standards Committees \\[NSW\\]","sortOrder":108},{"sectionNumber":"sch.1-sec.15-frag-div.3-sdiv.4","sectionType":"division","heading":"Dealing with complaints by Assessment Committee [NSW]","content":"### sch.1-sec.15-frag-div.3-sdiv.4 Dealing with complaints by Assessment Committee [NSW]\n\nSubdivision 4 Dealing with complaints by Assessment Committee \\[NSW\\]","sortOrder":115},{"sectionNumber":"sch.1-sec.15-frag-div.3-sdiv.5","sectionType":"division","heading":"Dealing with complaint by inquiry at meeting of Council [NSW]","content":"### sch.1-sec.15-frag-div.3-sdiv.5 Dealing with complaint by inquiry at meeting of Council [NSW]\n\nSubdivision 5 Dealing with complaint by inquiry at meeting of Council \\[NSW\\]","sortOrder":122},{"sectionNumber":"sch.1-sec.15-frag-div.3-sdiv.6","sectionType":"division","heading":"Disciplinary powers of Tribunals [NSW]","content":"### sch.1-sec.15-frag-div.3-sdiv.6 Disciplinary powers of Tribunals [NSW]\n\nSubdivision 6 Disciplinary powers of Tribunals \\[NSW\\]","sortOrder":133},{"sectionNumber":"sch.1-sec.15-frag-div.3-sdiv.7","sectionType":"division","heading":"Powers of a Council for protection of public [NSW]","content":"### sch.1-sec.15-frag-div.3-sdiv.7 Powers of a Council for protection of public [NSW]\n\nSubdivision 7 Powers of a Council for protection of public \\[NSW\\]","sortOrder":140},{"sectionNumber":"sch.1-sec.15-frag-div.3-sdiv.8","sectionType":"division","heading":"Duty of courts etc to refer matters to Executive Officer [NSW]","content":"### sch.1-sec.15-frag-div.3-sdiv.8 Duty of courts etc to refer matters to Executive Officer [NSW]\n\nSubdivision 8 Duty of courts etc to refer matters to Executive Officer \\[NSW\\]","sortOrder":153},{"sectionNumber":"sch.1-sec.15-frag-div.5-sdiv.1","sectionType":"division","heading":"Preliminary [NSW]","content":"### sch.1-sec.15-frag-div.5-sdiv.1 Preliminary [NSW]\n\nSubdivision 1 Preliminary \\[NSW\\]","sortOrder":174},{"sectionNumber":"sch.1-sec.15-frag-div.5-sdiv.2","sectionType":"division","heading":"Council may obtain performance assessment [NSW]","content":"### sch.1-sec.15-frag-div.5-sdiv.2 Council may obtain performance assessment [NSW]\n\nSubdivision 2 Council may obtain performance assessment \\[NSW\\]","sortOrder":177},{"sectionNumber":"sch.1-sec.15-frag-div.5-sdiv.3","sectionType":"division","heading":"Assessment of professional performance by assessor [NSW]","content":"### sch.1-sec.15-frag-div.5-sdiv.3 Assessment of professional performance by assessor [NSW]\n\nSubdivision 3 Assessment of professional performance by assessor \\[NSW\\]","sortOrder":182},{"sectionNumber":"sch.1-sec.15-frag-div.5-sdiv.4","sectionType":"division","heading":"Performance review by Performance Review Panel [NSW]","content":"### sch.1-sec.15-frag-div.5-sdiv.4 Performance review by Performance Review Panel [NSW]\n\nSubdivision 4 Performance review by Performance Review Panel \\[NSW\\]","sortOrder":187},{"sectionNumber":"sch.1-sec.15-frag-div.5-sdiv.5","sectionType":"division","heading":"Miscellaneous [NSW]","content":"### sch.1-sec.15-frag-div.5-sdiv.5 Miscellaneous [NSW]\n\nSubdivision 5 Miscellaneous \\[NSW\\]","sortOrder":195},{"sectionNumber":"Division 6","sectionType":"division","heading":"Appeals to Tribunal [NSW]","content":"## Division 6 Appeals to Tribunal [NSW]\n\nDivision 6 Appeals to Tribunal \\[NSW\\]","sortOrder":197},{"sectionNumber":"sch.1-sec.15-frag-div.6-sdiv.1","sectionType":"division","heading":"Appeals against actions of Committee [NSW]","content":"### sch.1-sec.15-frag-div.6-sdiv.1 Appeals against actions of Committee [NSW]\n\nSubdivision 1 Appeals against actions of Committee \\[NSW\\]","sortOrder":198},{"sectionNumber":"sch.1-sec.15-frag-div.6-sdiv.2","sectionType":"division","heading":"Appeal against actions by Council [NSW]","content":"### sch.1-sec.15-frag-div.6-sdiv.2 Appeal against actions by Council [NSW]\n\nSubdivision 2 Appeal against actions by Council \\[NSW\\]","sortOrder":201},{"sectionNumber":"sch.1-sec.15-frag-div.6-sdiv.3","sectionType":"division","heading":"Appeal against actions of Performance Review Panel [NSW]","content":"### sch.1-sec.15-frag-div.6-sdiv.3 Appeal against actions of Performance Review Panel [NSW]\n\nSubdivision 3 Appeal against actions of Performance Review Panel \\[NSW\\]","sortOrder":206},{"sectionNumber":"sch.1-sec.15-frag-div.6-sdiv.4","sectionType":"division","heading":"Miscellaneous [NSW]","content":"### sch.1-sec.15-frag-div.6-sdiv.4 Miscellaneous [NSW]\n\nSubdivision 4 Miscellaneous \\[NSW\\]","sortOrder":209},{"sectionNumber":"Division 7","sectionType":"division","heading":null,"content":"## Division 7\n\nDivision 7\n\n162, 162A (Repealed)","sortOrder":213},{"sectionNumber":"Division 8","sectionType":"division","heading":"Reviews [NSW]","content":"## Division 8 Reviews [NSW]\n\nDivision 8 Reviews \\[NSW\\]","sortOrder":214},{"sectionNumber":"Division 9","sectionType":"division","heading":"Enforcement powers [NSW]","content":"## Division 9 Enforcement powers [NSW]\n\nDivision 9 Enforcement powers \\[NSW\\]","sortOrder":219},{"sectionNumber":"Division 10","sectionType":"division","heading":"Constitution and proceedings of Tribunal","content":"## Division 10 Constitution and proceedings of Tribunal\n\nDivision 10 Constitution and proceedings of Tribunal","sortOrder":228},{"sectionNumber":"sch.1-sec.15-frag-div.10-sdiv.1","sectionType":"division","heading":"Interpretation","content":"### sch.1-sec.15-frag-div.10-sdiv.1 Interpretation\n\nSubdivision 1 Interpretation","sortOrder":229},{"sectionNumber":"sch.1-sec.15-frag-div.10-sdiv.2","sectionType":"division","heading":"Constitution of Tribunal","content":"### sch.1-sec.15-frag-div.10-sdiv.2 Constitution of Tribunal\n\nSubdivision 2 Constitution of Tribunal","sortOrder":232},{"sectionNumber":"sch.1-sec.15-frag-div.10-sdiv.3","sectionType":"division","heading":"Proceedings of Tribunal [NSW]","content":"### sch.1-sec.15-frag-div.10-sdiv.3 Proceedings of Tribunal [NSW]\n\nSubdivision 3 Proceedings of Tribunal \\[NSW\\]","sortOrder":235},{"sectionNumber":"sch.1-sec.15-frag-div.10-sdiv.4","sectionType":"division","heading":"Inquiries and appeals before Tribunal [NSW]","content":"### sch.1-sec.15-frag-div.10-sdiv.4 Inquiries and appeals before Tribunal [NSW]\n\nSubdivision 4 Inquiries and appeals before Tribunal \\[NSW\\]","sortOrder":240},{"sectionNumber":"Division 11","sectionType":"division","heading":"Professional Standards Committees [NSW]","content":"## Division 11 Professional Standards Committees [NSW]\n\nDivision 11 Professional Standards Committees \\[NSW\\]","sortOrder":248},{"sectionNumber":"sch.1-sec.15-frag-div.11-sdiv.1","sectionType":"division","heading":"Preliminary [NSW]","content":"### sch.1-sec.15-frag-div.11-sdiv.1 Preliminary [NSW]\n\nSubdivision 1 Preliminary \\[NSW\\]","sortOrder":249},{"sectionNumber":"sch.1-sec.15-frag-div.11-sdiv.2","sectionType":"division","heading":"Establishment and membership of Committees [NSW]","content":"### sch.1-sec.15-frag-div.11-sdiv.2 Establishment and membership of Committees [NSW]\n\nSubdivision 2 Establishment and membership of Committees \\[NSW\\]","sortOrder":251},{"sectionNumber":"sch.1-sec.15-frag-div.11-sdiv.3","sectionType":"division","heading":"Proceedings of Committees [NSW]","content":"### sch.1-sec.15-frag-div.11-sdiv.3 Proceedings of Committees [NSW]\n\nSubdivision 3 Proceedings of Committees \\[NSW\\]","sortOrder":255},{"sectionNumber":"sch.1-sec.15-frag-div.11-sdiv.4","sectionType":"division","heading":"Inquiries before Committees [NSW]","content":"### sch.1-sec.15-frag-div.11-sdiv.4 Inquiries before Committees [NSW]\n\nSubdivision 4 Inquiries before Committees \\[NSW\\]","sortOrder":262},{"sectionNumber":"Division 12","sectionType":"division","heading":"Assessment Committees [NSW]","content":"## Division 12 Assessment Committees [NSW]\n\nDivision 12 Assessment Committees \\[NSW\\]","sortOrder":271},{"sectionNumber":"Division 13","sectionType":"division","heading":"Impaired Registrants Panels [NSW]","content":"## Division 13 Impaired Registrants Panels [NSW]\n\nDivision 13 Impaired Registrants Panels \\[NSW\\]","sortOrder":276},{"sectionNumber":"Division 14","sectionType":"division","heading":"Performance Review Panels and assessors [NSW]","content":"## Division 14 Performance Review Panels and assessors [NSW]\n\nDivision 14 Performance Review Panels and assessors \\[NSW\\]","sortOrder":280},{"sectionNumber":"Division 14A","sectionType":"division","heading":"Appeals [NSW]","content":"## Division 14A Appeals [NSW]\n\nDivision 14A Appeals \\[NSW\\]","sortOrder":286},{"sectionNumber":"Division 14B","sectionType":"division","heading":"Miscellaneous [NSW]","content":"## Division 14B Miscellaneous [NSW]\n\nDivision 14B Miscellaneous \\[NSW\\]","sortOrder":291},{"sectionNumber":"16","sectionType":"section","heading":"Section 216 Duty of confidentiality","content":"#### 16 Section 216 Duty of confidentiality\n\n\\[16\\] Section 216 Duty of confidentiality\n\n> Insert after section 216 (2) (b)—\n> \n> > > (ba) for a person exercising functions under a NSW provision, the disclosure is to the National Agency or a National Board; or\n> > > \n> > > Note.\n> > > \n> > > See also section 176F which provides for the confidentiality of protected reports.\n> > > \n> > > Note.\n> > > \n> > > This paragraph is an additional New South Wales provision.","sortOrder":301},{"sectionNumber":"16A","sectionType":"section","heading":"Section 221A","content":"#### 16A Section 221A\n\n\\[16A\\] Section 221A\n\n> Insert before section 222—","sortOrder":302},{"sectionNumber":"17","sectionType":"section","heading":"Section 236A","content":"#### 17 Section 236A\n\n\\[17\\] Section 236A\n\n> Insert after section 236—","sortOrder":304},{"sectionNumber":"18","sectionType":"section","heading":"Section 244A","content":"#### 18 Section 244A\n\n\\[18\\] Section 244A\n\n> Insert after section 244—","sortOrder":306},{"sectionNumber":"19","sectionType":"section","heading":"Section 247A","content":"#### 19 Section 247A\n\n\\[19\\] Section 247A\n\n> Insert after section 247—","sortOrder":308},{"sectionNumber":"20","sectionType":"section","heading":"Section 293","content":"#### 20 Section 293\n\n\\[20\\] Section 293\n\n> Omit the section. Insert instead—","sortOrder":310},{"sectionNumber":"21","sectionType":"section","heading":"Section 295","content":"#### 21 Section 295\n\n\\[21\\] Section 295\n\n> Omit the section. Insert instead—","sortOrder":312},{"sectionNumber":"22","sectionType":"section","heading":"Section 296 Records relating to registration and accreditation","content":"#### 22 Section 296 Records relating to registration and accreditation\n\n\\[22\\] Section 296 Records relating to registration and accreditation\n\n> Omit section 296 (1) (b). Insert instead—\n> \n> > > (b)\n> > > \n> > > Note.\n> > > \n> > > This paragraph is not applicable to New South Wales.","sortOrder":314},{"sectionNumber":"23","sectionType":"section","heading":"Section 297","content":"#### 23 Section 297\n\n\\[23\\] Section 297\n\n> Omit the section. Insert instead—","sortOrder":315},{"sectionNumber":"24","sectionType":"section","heading":"Section 298","content":"#### 24 Section 298\n\n\\[24\\] Section 298\n\n> Omit the section. Insert instead—","sortOrder":317},{"sectionNumber":"24AA","sectionType":"section","heading":"Section 321 Offences relating to prohibition orders made before commencement","content":"#### 24AA Section 321 Offences relating to prohibition orders made before commencement\n\n\\[24AA\\] Section 321 Offences relating to prohibition orders made before commencement\n\n> Omit the section. Insert instead—","sortOrder":319},{"sectionNumber":"24AB","sectionType":"section","heading":"Parts 15 and 16","content":"#### 24AB Parts 15 and 16\n\n\\[24AB\\] Parts 15 and 16\n\n> Insert after Part 14—","sortOrder":321},{"sectionNumber":"Part 15","sectionType":"part","heading":"Note—","content":"# Part 15 Note—\n\nPart 15\n\nNote—\n\nThis part is not applicable to New South Wales.","sortOrder":322},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025","content":"# Part 16 Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025\n\nPart 16 Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025","sortOrder":323},{"sectionNumber":"24A","sectionType":"section","heading":"Schedule 5 Investigators","content":"#### 24A Schedule 5 Investigators\n\n\\[24A\\] Schedule 5 Investigators\n\n> Omit “(section 163)”.","sortOrder":327},{"sectionNumber":"25","sectionType":"section","heading":"Schedules 5A–5F","content":"#### 25 Schedules 5A–5F\n\n\\[25\\] Schedules 5A–5F\n\n> Insert after Schedule 5—","sortOrder":328},{"sectionNumber":"Part 4","sectionType":"part","heading":"Provisions consequent on enactment of Health Legislation Amendment Act 2012 [NSW]","content":"# Part 4 Provisions consequent on enactment of Health Legislation Amendment Act 2012 [NSW]\n\nPart 4 Provisions consequent on enactment of [Health Legislation Amendment Act 2012](/view/html/repealed/current/act-2012-039) \\[NSW\\]","sortOrder":369},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provision consequent on enactment of Health Legislation Amendment Act 2013 [NSW]","content":"# Part 5 Provision consequent on enactment of Health Legislation Amendment Act 2013 [NSW]\n\nPart 5 Provision consequent on enactment of [Health Legislation Amendment Act 2013](/view/html/repealed/current/act-2013-024) \\[NSW\\]","sortOrder":375},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provision consequent on enactment of Health Practitioner Regulation Legislation Amendment Act 2014 [NSW]","content":"# Part 6 Provision consequent on enactment of Health Practitioner Regulation Legislation Amendment Act 2014 [NSW]\n\nPart 6 Provision consequent on enactment of [Health Practitioner Regulation Legislation Amendment Act 2014](/view/html/repealed/current/act-2014-084) \\[NSW\\]","sortOrder":377},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provision consequent on enactment of Health Practitioner Regulation National Law (NSW) Amendment (Review) Act 2016 [NSW]","content":"# Part 7 Provision consequent on enactment of Health Practitioner Regulation National Law (NSW) Amendment (Review) Act 2016 [NSW]\n\nPart 7 Provision consequent on enactment of [Health Practitioner Regulation National Law (NSW) Amendment (Review) Act 2016](/view/html/repealed/current/act-2016-004) \\[NSW\\]","sortOrder":379},{"sectionNumber":"Part 8","sectionType":"part","heading":"Provision consequent on enactment of Health Practitioner Regulation Amendment Act 2017 [NSW]","content":"# Part 8 Provision consequent on enactment of Health Practitioner Regulation Amendment Act 2017 [NSW]\n\nPart 8 Provision consequent on enactment of [Health Practitioner Regulation Amendment Act 2017](/view/html/repealed/current/act-2017-050) \\[NSW\\]","sortOrder":381},{"sectionNumber":"Part 9","sectionType":"part","heading":"Provisions consequent on enactment of Health Legislation Amendment Act (No 2) 2018 [NSW]","content":"# Part 9 Provisions consequent on enactment of Health Legislation Amendment Act (No 2) 2018 [NSW]\n\nPart 9 Provisions consequent on enactment of [Health Legislation Amendment Act (No 2) 2018](/view/html/repealed/current/act-2018-022) \\[NSW\\]","sortOrder":383},{"sectionNumber":"Part 10","sectionType":"part","heading":"Provision consequent on enactment of Criminal Legislation Amendment (Child Sexual Abuse) Act 2018","content":"# Part 10 Provision consequent on enactment of Criminal Legislation Amendment (Child Sexual Abuse) Act 2018\n\nPart 10 Provision consequent on enactment of [Criminal Legislation Amendment (Child Sexual Abuse) Act 2018](/view/html/repealed/current/act-2018-033)","sortOrder":387},{"sectionNumber":"Part 11","sectionType":"part","heading":"Provision consequent on enactment of Health Legislation (Miscellaneous) Amendment Act (No 2) 2022","content":"# Part 11 Provision consequent on enactment of Health Legislation (Miscellaneous) Amendment Act (No 2) 2022\n\nPart 11 Provision consequent on enactment of [Health Legislation (Miscellaneous) Amendment Act (No 2) 2022](/view/pdf/asmade/act-2022-41)","sortOrder":389}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2009 intent was simple adoption of the national registration scheme with basic NSW adaptations for co-regulation. Over time through amendments (listed in the Schedule 1 history), it has grown significantly to include detailed NSW-specific mechanisms for complaint handling (e.g. Professional Standards Committees, Performance Review Panels), council structures, pharmacy controls, mandatory notifications, and protective powers under s.150, expanding well beyond initial adoption into a comprehensive co-regulatory regime."},"complexity_factors":["Adoption of external Queensland legislation with extensive NSW modifications in Schedule 1","Multiple defined terms, cross-references to other Acts (e.g. Health Care Complaints Act 1993, Interpretation Act 1987)","Nested provisions for complaints, performance assessments, impairment panels, and tribunals with conditional pathways","Detailed schedules covering councils, proceedings, and pharmacy-specific rules with numerous exceptions and transitional clauses"],"plain_english_summary":"**This legislation adopts a national framework for regulating health practitioners across Australia, tailored for New South Wales.**\n\nIt makes the *Health Practitioner Regulation National Law* (originally from Queensland) apply as law in NSW, with specific changes in Schedule 1. These changes create NSW-specific bodies like the **Councils** (one for each profession, e.g. Medical Council of NSW) that handle complaints about doctors, nurses, pharmacists and others. The law covers registration of practitioners and students, standards for safe practice, handling complaints about poor performance or misconduct, and public protection measures like suspending practitioners if they pose a risk.\n\nIt affects **health practitioners** (anyone registered to provide health services, from chiropractors to psychologists), **students** in training, **employers**, and the **public** who use these services. It matters because it ensures consistent national qualifications and standards while allowing NSW to manage complaints locally through co-regulation (involving the Health Care Complaints Commission). This helps maintain trust in healthcare by addressing issues like impairment, unsatisfactory conduct, or criminal convictions quickly and fairly."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act originally had a narrower focus and was simply named the 'Health Practitioner Regulation Act 2009'. Its rename to include 'Adoption of National Law' reflects how the law evolved from a standalone NSW framework into a vehicle for plugging NSW into the national scheme. The number of regulated health professions covered has also expanded over time through successive amendments, broadening the scope well beyond what was contemplated at original enactment."},"complexity_factors":["The Act operates as an 'adoption' mechanism — it incorporates a separate national law by reference, meaning you cannot understand this Act without also reading the Health Practitioner Regulation National Law (Queensland) which it adopts","Multiple responsible ministers (4 ministers share oversight), creating potential for jurisdictional overlap","Extremely high amendment frequency — over 40 distinct versions since 2009, meaning the law has been in constant evolution and different versions apply to different time periods","Intergovernmental complexity — the law is part of a cooperative scheme between all Australian states and territories, meaning changes at the national level flow through automatically","Covers a broad range of regulated professions, each with their own board, standards, and registration categories","Interaction with other NSW laws that have not yet commenced (e.g., the Medicines, Poisons and Therapeutic Goods Act 2022), creating uncertainty about the full current legal picture","Pending amendments not yet in force add an additional layer of complexity for practitioners trying to understand current obligations"],"plain_english_summary":"## What This Law Does\n\nThis NSW Act is essentially a **gateway law** — it adopts a national (Australia-wide) framework for regulating health practitioners in New South Wales. Rather than NSW having its own completely separate rules, this Act plugs NSW into the **national registration and accreditation scheme** that covers health professionals across the country.\n\n## Who Does It Affect?\n\nThis law matters to a huge range of people:\n\n- **Health practitioners** (doctors, nurses, dentists, pharmacists, physiotherapists, psychologists, midwives, optometrists, osteopaths, chiropractors, podiatrists, occupational therapists, and others) — they must be registered under this national scheme to legally practise in NSW\n- **Patients and the public** — the law protects you by ensuring anyone calling themselves a regulated health professional is properly trained, registered, and accountable\n- **Employers of health workers** — they need to ensure their staff are properly registered\n- **Anyone affected by a health practitioner's misconduct** — the law sets up processes to investigate complaints and discipline practitioners who behave badly or dangerously\n\n## What It Actually Does in Practice\n\n- **Sets up registration requirements**: Health practitioners must register with their relevant national board (e.g., the Medical Board of Australia for doctors) to legally work in NSW\n- **Creates a complaints and discipline system**: If a practitioner does something wrong — whether it's incompetence, misconduct, or impairment (e.g., substance abuse affecting their work) — there are formal processes to investigate and take action, including suspending or cancelling their registration\n- **Prevents unqualified people from pretending to be health professionals**: It's an offence to use protected titles (like 'doctor' or 'registered nurse') or claim to be registered when you're not\n- **Coordinates with other states**: Because all states and territories adopted similar laws, a practitioner's registration applies nationally — they don't need separate registration in each state\n\n## Why It Matters\n\nBefore this national scheme, each state ran its own separate health practitioner registration system. This was confusing, inconsistent, and made it harder for practitioners to work across state borders. This law — along with equivalent laws in every other state and territory — created a unified, consistent system that protects public safety while making it easier for health professionals to work anywhere in Australia.\n\nThe law has been updated **over 40 times** since 2009, reflecting ongoing changes to the national scheme and which professions are covered."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act was a simple adoption of the national law. Over time, it has been significantly expanded with NSW-specific provisions, including the creation of multiple councils and committees, detailed disciplinary processes, pharmacy ownership restrictions, and numerous schedules. The scope has grown far beyond a mere adoption to establish a comprehensive co-regulatory system for NSW."},"complexity_factors":["Adopts a national law with extensive NSW-specific modifications (over 100 amendments).","Contains multiple schedules (5A to 5F) that add detailed rules on councils, committees, performance assessments, and pharmacies.","Many defined terms with cross-references to other NSW Acts (e.g., Health Care Complaints Act, Civil and Administrative Tribunal Act).","Nested complaint handling procedures with multiple pathways (Council, Committees, Tribunal, Commission).","Pharmacy ownership rules include exceptions, grandfathering, and complex definitions of financial interest.","Numerous cross-references to provisions that are not applicable in NSW (marked as 'not applicable')."],"plain_english_summary":"This Act adopts the national scheme for health practitioner registration and regulation in New South Wales (NSW), but with significant NSW-specific modifications. It establishes a co-regulatory model where NSW bodies (Councils, Professional Standards Committees, and the Civil and Administrative Tribunal) work alongside national boards and the Health Care Complaints Commission.\n\n**What it does:**\n- Creates separate **Councils** for each health profession (e.g., Medical Council, Pharmacy Council) that handle complaints, impose conditions on registration, and can suspend or cancel registration to protect the public.\n- Sets up **Professional Standards Committees** and **Assessment Committees** to deal with less serious matters, and **Performance Review Panels** to assess and improve practitioner performance.\n- Defines **unsatisfactory professional conduct** and **professional misconduct** with specific examples (e.g., accepting kickbacks, overservicing, failing to disclose financial interests).\n- Imposes strict rules on pharmacy ownership: only pharmacists, pharmacists' partnerships, pharmacists' bodies corporate, friendly societies, and certain existing bodies corporate can own pharmacies. The Pharmacy Council must approve premises and register financial interests.\n- Requires employers, courts, and health practitioners to report certain matters to Councils.\n- Gives the Health Care Complaints Commission a key role in investigating serious complaints.\n- Provides appeal rights to the Civil and Administrative Tribunal.\n\n**Who it affects:**\n- All registered health practitioners (doctors, nurses, pharmacists, etc.) and students in NSW.\n- Employers of health practitioners, pharmacy owners, and the public.\n\n**Why it matters:**\n- It balances public protection with professional accountability. The co-regulatory model means NSW retains control over local complaints and standards while participating in the national registration scheme.\n- Pharmacy ownership restrictions aim to ensure pharmacies are professionally controlled, not run purely for profit by non-pharmacists.\n- The detailed disciplinary processes provide a structured way to address poor performance or misconduct."}},"importantCases":[],"_links":{"self":"/api/acts/health-practitioner-regulation-adoption-of-national-law-act-2009","history":"/api/acts/health-practitioner-regulation-adoption-of-national-law-act-2009/history","analysis":"/api/acts/health-practitioner-regulation-adoption-of-national-law-act-2009/analysis","conflicts":"/api/acts/health-practitioner-regulation-adoption-of-national-law-act-2009/conflicts","importantCases":"/api/acts/health-practitioner-regulation-adoption-of-national-law-act-2009/important-cases","documents":"/api/acts/health-practitioner-regulation-adoption-of-national-law-act-2009/documents"}}