{"id":"nsw:sl-2022-0668","name":"Health Practitioner Regulation (Adoption of National Law) Regulation 2022","slug":"health-practitioner-regulation-adoption-of-national-law-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"668 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176180,"registerId":"nsw-nsw:sl-2022-0668-current","compilationNumber":null,"startDate":"2026-04-05","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 Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Health Practitioner Regulation (Adoption of National Law) Regulation 2022](/view/html/inforce/current/sl-2022-0668).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences as follows—\n> \n> > (a) for sections 4, other than paragraphs (a)(iii) and (b), and 5, other than section 5(1)(b) and (c) and (3), and Schedule 1\\[1\\]–\\[3\\]—on the date of assent to the Queensland Amendment Act,\n> \n> > (b) for section 4(b)—on the day on which provisions of the Queensland Amendment Act specified in section 4(b) commence,\n> \n> > (c) for section 5(1)(b) and Schedule 1\\[4\\]—on the day on which the Queensland Amendment Act, Chapter 3, Part 11, section 74 commences,\n> \n> > (d) for section 5(1)(c) and Schedule 1\\[5\\]—on the day on which the Queensland Amendment Act, Chapter 3, Part 15, section 84 commences,\n> \n> > (e) for section 5(3) and Schedule 1\\[6\\]—on the day on which the Queensland Amendment Act, Chapter 3, Part 13 commences,\n> \n> > (f) otherwise—on the day on which it is published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> the Act means the [Health Practitioner Regulation (Adoption of National Law) Act 2009](/view/html/inforce/current/act-2009-086).\n> \n> Queensland Act means the Health Practitioner Regulation National Law Act 2009 of Queensland.\n> \n> Queensland Amendment Act means the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 of Queensland.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 of Queensland","content":"# Part 2 Application of Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 of Queensland\n\nPart 2 Application of Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 of Queensland\n\nNote—\n\nThe following provisions of the Queensland Amendment Act, Chapter 3, are not applied as amendments to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) at this time—\n\n> (a) Part 11, sections 71–73,\n\n> (b) Part 18,\n\n> (c) Parts 20–26,\n\n> (d) Part 31, sections 121–124.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application of amendments—the Act, s 4","content":"#### 4 Application of amendments—the Act, s 4\n\n4 Application of amendments—the Act, s 4\n\n> For the Act, section 4(2), the following provisions of the Queensland Amendment Act, Chapter 3 that amend the Schedule to the Queensland Act apply as amendments to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a)—\n> \n> > (a) for the following provisions that commence on the date of assent to the Queensland Amendment Act—\n> > \n> > > (i) Part 2, sections 33 and 35,\n> > \n> > > (ia) Part 3, section 36,\n> > \n> > > (ii) Parts 4–6 and 12,\n> > \n> > > (iii) Parts 16 and 17,\n> > \n> > > (iv) Part 19,\n> > \n> > > (v) Part 31, sections 117(1), 118, 120, 125, 126 and 129,\n> \n> > (b) for the following provisions that commence by proclamation—\n> > \n> > > (i) Parts 7–10,\n> > \n> > > (ii) Part 11, sections 69 and 70,\n> > \n> > > (iii) Part 14,\n> > \n> > > (iv) Part 15, sections 82 and 83,\n> > \n> > > (v) Parts 27–30,\n> > \n> > > (vi) Part 31, sections 117(2), 119, 127 and 128.\n> \n> **s 4:** Am 2023 (48), Sch 1\\[1\\] \\[2\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Application of modified amendments—the Act, s 4","content":"#### 5 Application of modified amendments—the Act, s 4\n\n5 Application of modified amendments—the Act, s 4\n\n> > (1) For the Act, section 4(2) and (3), the following provisions of the Queensland Amendment Act, as modified by amendments to the Act, Schedule 1 set out in Schedule 1\\[2\\], \\[4\\] and \\[5\\] of this Regulation, apply as amendments to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a)—\n> > \n> > > (a) Chapter 3, Part 2, section 34,\n> > \n> > > (a1) Chapter 3, Part 3, section 37,\n> > \n> > > (b) Chapter 3, Part 11, section 74,\n> > \n> > > (c) Chapter 3, Part 15, section 84.\n> \n> > (2) For the Act, section 4(2) and (3), the Act, Schedule 1 is amended by Schedule 1\\[1\\] and \\[3\\] of this Regulation for the purpose of applying amendments made by the Queensland Amendment Act, Chapter 3, Part 2, section 34 and Part 3, section 37 as amendments to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> > (3) For the Act, section 4(2) and (3)—\n> > \n> > > (a) amendments made by the Queensland Amendment Act, Chapter 3, Part 13 to the Schedule to the Queensland Act apply as amendments to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), and\n> > \n> > > (b) the Act, Schedule 1 is amended by Schedule 1\\[6\\] of this Regulation for the purpose of applying the amendments.\n> \n> **s 5:** Am 2023 (48), Sch 1\\[3\\] \\[4\\].","sortOrder":6},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86","content":"# Schedule 1 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86\n\nSchedule 1 Amendment of [Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86](/view/html/inforce/current/act-2009-086)\n\nNote—\n\nSchedule 1\\[2\\] modifies the amendments made to the Schedule to the Queensland Act, Part 1 by the Queensland Amendment Act, Chapter 3, Part 2, section 34 and Part 3, section 37 (the guiding principle amendments). Schedule 1\\[1\\] and \\[3\\] amend the Act, Schedule 1 for the purpose of applying the guiding principle amendments.\n\nSchedule 1\\[4\\] modifies the amendment made to the Schedule to the Queensland Act, section 199 by the Queensland Amendment Act, Chapter 3, Part 11, section 74.\n\nSchedule 1\\[5\\] modifies the amendment made to the Schedule to the Queensland Act, section 206 by the Queensland Amendment Act, Chapter 3, Part 15, section 84.\n\nSchedule 1\\[6\\] amends the Act, Schedule 1 for the purpose of applying amendments made to the Schedule to the Queensland Act, Part 7, Division 9 by the Queensland Amendment Act, Chapter 3, Part 13.\n\n**sch 1:** Am 2023 (48), Sch 1\\[5\\]–\\[8\\].","sortOrder":7},{"sectionNumber":"3A","sectionType":"section","heading":"Guiding principles [NSW]","content":"#### 3A Guiding principles [NSW]\n\n3A Guiding principles \\[NSW\\]\n\n> > (1) The main guiding principle of the national registration and accreditation scheme is that the protection of the health and safety of the public must be the paramount consideration.\n> \n> > (2) The other guiding principles of the national registration and accreditation scheme are as follows—\n> > \n> > > (a) the scheme is to operate in a transparent, accountable, efficient, effective and fair way;\n> > \n> > > (a1) the scheme is to ensure the development of a culturally safe and respectful health workforce that—\n> > > \n> > > > (i) is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and\n> > > \n> > > > (ii) contributes to the elimination of racism in the provision of health services;\n> > > \n> > > Example—\n> > > \n> > > Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.\n> > \n> > > (b) fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;\n> > \n> > > (c) restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.\n> \n> Note—\n> \n> This section is a substituted New South Wales provision.","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Schedule 1[15]","content":"#### 6 Schedule 1[15]\n\n\\[6\\] Schedule 1\\[15\\]\n\n> Insert after section 176D(3)—\n> \n> > > (4) Subsection (3) does not apply if the person’s registration in a health profession would have ended during the period of suspension.\n> > > \n> > > Note—\n> > > \n> > > See the Health Practitioner Regulation National Law, Part 7, Division 9, Subdivision 2.","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, this regulation appears to serve its stated purpose of adopting the National Health Practitioner Law in NSW without evidence of scope creep or deviation from its original intent. It is a standard adoption instrument consistent with similar regulations in other Australian jurisdictions."},"complexity_factors":["The regulation itself appears to be a short adoption/referral instrument — its complexity is moderate rather than high because it primarily incorporates another law by reference rather than creating detailed standalone rules","Understanding the full effect requires knowledge of the separate National Law it adopts, which is a lengthy and complex document in its own right","Interplay between NSW state law and a national cooperative legislative scheme adds a layer of constitutional and jurisdictional complexity","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural consideration practitioners should be aware of","Limited substantive text is available in this extract, making full assessment difficult — the regulation's actual provisions are not displayed here"],"plain_english_summary":"## Health Practitioner Regulation (Adoption of National Law) Regulation 2022\n\n**What is this?**\nThis is a NSW regulation that connects state law to a national framework governing registered health professionals — think doctors, nurses, pharmacists, dentists, physiotherapists, and other regulated health practitioners.\n\n**What does it do?**\nIt formally adopts (brings into NSW law) the **National Law** — a uniform set of rules agreed upon by Australian states and territories to regulate health practitioners consistently across the country. This ensures that health professionals in NSW are subject to the same standards, registration requirements, and disciplinary processes as those operating in other states.\n\n**Who does it affect?**\n- **Health practitioners** (anyone registered under professions like medicine, nursing, dentistry, pharmacy, psychology, physiotherapy, etc.) practising in NSW\n- **Patients and the public** — the law is ultimately about protecting people who receive health services\n- **Employers** of registered health practitioners in NSW\n- **Regulatory bodies** like the Australian Health Practitioner Regulation Agency (AHPRA), which enforces the national scheme\n\n**Why does it matter?**\nWithout this regulation, NSW could not fully participate in the national registration and accreditation scheme. It ensures NSW practitioners play by the same rules as everywhere else in Australia, making it easier for practitioners to work across state borders and giving patients consistent protections nationwide.\n\n**Important note:** This regulation is scheduled for **automatic repeal on 1 September 2028** under NSW's Subordinate Legislation Act 1989 — meaning it will automatically expire unless renewed. This is standard practice for NSW regulations to ensure they are periodically reviewed.\n\n**Bottom line:** If you are a registered health practitioner in NSW, or you receive care from one, this regulation is part of the legal framework that sets the rules for how practitioners are registered, disciplined, and held accountable."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Regulation narrows, stages and modifies the Queensland Amendment Act as it applies in NSW. It explicitly excludes certain Queensland provisions from application (Part 2 note), adopts some provisions directly, and adopts other provisions only in modified form (s 4–5 and Schedule 1). The result is a different legal scope in NSW than the original Queensland amendments: new NSW-specific guiding principles are inserted, notification rules are altered for NSW application, and some Queensland changes are deferred or omitted."},"complexity_factors":["Extensive cross-references to the Queensland Amendment Act and the NSW Adoption Act (s 4–5; Schedule 1 notes)","Staggered and conditional commencement dates for different provisions, including dependence on proclamation and Queensland commencement (s 2; s 4)","Modifications of Queensland amendments for NSW application, requiring interpretive adjustments (Schedule 1)","Insertion of new guiding principles that will inform discretionary and administrative decision-making (new ss 3A/3B)","Mixed mandatory and discretionary notification duties with \"reasonable belief\" thresholds (Schedule 1[15] amendments to s 176B)","Interplay between notification duties and third-party privacy/contractual arrangements (Schedule 1[15])","Reliance on both the Adoption Act and the Queensland Act for definitions and operation, increasing legislative layering"],"plain_english_summary":"## What this Regulation does, in plain terms\n\n- It applies and adapts amendments made in Queensland to the national health practitioner registration law so they operate in New South Wales. The Regulation lists which Queensland amendments are adopted unchanged, which are adopted with modifications, and which are not adopted now (see Part 2 and sections 4–5). (s 4–5, Part 2 note)\n\n- It phases when different parts take effect: some provisions start on the date of assent, some start when particular Queensland provisions commence (by proclamation), and anything not otherwise covered starts on the day the Regulation is published on the NSW legislation website. (s 2)\n\n- It inserts new guiding principles into the NSW version of the National Law. The main guiding principle is that protecting health and safety of the public is paramount. Other principles require the scheme to be transparent, accountable, efficient, effective and fair; require development of a culturally safe and respectful health workforce responsive to Aboriginal and Torres Strait Islander Peoples (and contributing to elimination of racism in health services); require fees under the scheme to be reasonable given efficient operation; and limit restrictions on practice to what is necessary for safe, quality care. (Schedule 1, new ss 3A and 3B)\n\n- It changes who National Boards must or may notify when they take certain decisions (for example, withdrawal of registration or other health/conduct/performance actions). Where practice information includes names of other registered practitioners who share premises, the Board may give written notice to those named practitioners as soon as practicable after the Board’s decision. Where practice information names entities with which a practitioner has or had a practice arrangement, the Board must notify current entities and may notify previous entities if the Board reasonably believes there was a risk of harm. The term \"decision\" explicitly includes a decision to withdraw registration. (Schedule 1 insertions after ss 175 and in s 176B(2)-(3))\n\n- It clarifies that a suspension provision does not apply if the practitioner’s registration would have ended during the suspension period. (Schedule 1, insertion after s 176D(3))\n\n## Who this affects\n\n- Registered health practitioners in NSW: the guiding principles frame how the registration and accreditation scheme should operate (new s 3A–3B). Practitioners who share premises or have practice arrangements may be named and notified to others if a Board takes action (Schedule 1[15]).\n\n- National Boards and adjudication bodies: the Regulation changes notification duties and gives Boards both mandatory and discretionary powers to notify named third parties (Schedule 1[15]).\n\n- Entities that have practice arrangements with practitioners (clinics, corporate providers): Boards must be notified of some decisions where there is a current practice arrangement and may be notified for prior arrangements in specific circumstances (Schedule 1[15]).\n\n- Anyone who pays fees for the scheme: the guiding principles say fees must be reasonable in light of efficient and effective operation, which frames how fee-setting should be interpreted (new s 3A(2)(b)).\n\n## Why it matters (mechanics and incentives)\n\n- Application and timing: The Regulation does not simply copy the Queensland changes into NSW. It selects which Queensland amendments apply now, delays others, and modifies some to fit the NSW Act. That means the legal scope in NSW will diverge from Queensland until any further adoption occurs (Part 2 note; s 4–5). This staged adoption increases administrative and legal complexity for regulators and practitioners (s 2; s 4–5).\n\n- Notification mechanics change information flows. National Boards gain clearer authority to notify other named practitioners who shared premises and entities with which a practitioner has or had arrangements (Schedule 1[15]). That changes what information is likely to be disclosed after regulatory action and may change how practitioners choose to structure premises-sharing or contractual practice arrangements (Schedule 1[15]).\n\n- Discretion and duties: the Regulation creates both mandatory duties (\"must\" notify current entities where practice information names them) and discretionary powers (\"may\" notify previous entities or named practitioners in some cases), conditioned on the Board’s reasonable belief about risk. Those thresholds create areas of administrative discretion and potential legal challenge if exercised differently across boards (Schedule 1[15]).\n\n- Cost and fee framing: adding a requirement that fees be reasonable (new s 3A(2)(b)) does not itself set fees but signals that fee-setting should consider efficient operation; the practical effect depends on how Boards and the scheme implement fee policies (new s 3A(2)(b)).\n\n- Compliance burden and business choices: because names of co-located practitioners and entities may be disclosed when a Board makes a decision, practitioners and clinics may change how they contract, share premises, or record arrangements to manage information flow and associated consequences (Schedule 1[15]). Any such restructuring has transaction costs and may alter how small practices or multi-practitioner clinics operate.\n\n- Implementation risks and trade-offs: the Regulation relies on cross-references to Queensland provisions, staged commencements, and modified schedule entries. That interdependence raises the risk of timing or interpretation mismatches between NSW and Queensland versions; it places a burden on administrators to track which provisions are in force and how they were modified (s 2; s 4–5; Schedule 1 notes).\n\n## Where discretion and costs fall\n\n- Who decides: National Boards and adjudication bodies make the decisions the Regulation addresses and hold discretion on whether to notify certain third parties (Schedule 1[15]).\n\n- Who pays: the Regulation does not directly change fee amounts but requires fees to be reasonable in light of efficient operation; fee payers remain practitioners and registrants under the scheme (new s 3A(2)(b)).\n\n- Compliance and operational costs: Boards must update processes to comply with new notification duties and staged adoption; practitioners and entities may incur legal, administrative and contractual costs in response to increased information-sharing or altered regulatory incentives (s 2; Schedule 1[15]).\n\n## Concrete legal changes cited\n\n- Staged commencement rules (s 2).\n- Application and selective adoption/modification of Queensland amendments (s 4–5; Part 2 note).\n- New guiding principles inserted into the NSW National Law (Schedule 1, ss 3A and 3B).\n- Expanded notification duties and treatment of \"decision\" to include withdrawal of registration (Schedule 1[15] inserting (a1) after s 175(1)(a) and amending s 176B(2)-(3)).\n- Clarification about suspension not applying if registration would have ended during the suspension period (Schedule 1[15] inserting after s 176D(3))."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation maintains its original purpose as a machinery provision for adopting Queensland amendments into NSW law. While the 2022 amendments being adopted expand the substantive scope of the underlying National Law (particularly around cultural safety and notification requirements), this regulation itself remains a technical adoption instrument without scope creep."},"complexity_factors":["Multiple staggered commencement dates tied to Queensland legislation (6 different triggers in section 2)","Heavy cross-referencing between three layers of legislation: this NSW Regulation, the NSW Adoption Act 2009, and the Queensland Amendment Act 2022","Selective adoption mechanism—some Queensland provisions are adopted immediately, others by proclamation, and some explicitly excluded (Parts 11, 18, 20-26, and sections 121-124)","Modified adoption requiring Schedule 1 amendments to 'translate' Queensland provisions into NSW context","Nested conditional logic in section 5 distinguishing between 'as modified' and direct application","Technical amendment instructions using legislative shorthand like 'Omit... Insert instead' and bracketed numbering [1A], [15]","Requires understanding of the 'National Law' architecture where states adopt identical legislation with local variations"],"plain_english_summary":"This regulation is a technical instrument that brings recent changes to Queensland's health practitioner laws into effect in New South Wales. Here's what it does:\n\n**The big picture:**\nAustralia has a national scheme for regulating health professionals (doctors, nurses, dentists, etc.) called the National Registration and Accreditation Scheme. Each state and territory adopts this national law through its own legislation. This NSW regulation updates NSW's version of that law by incorporating amendments that Queensland made in 2022.\n\n**Key changes being adopted:**\n\n- **New guiding principles** for how the health practitioner scheme should operate, including:\n  - Public safety as the top priority\n  - Requirements for a culturally safe workforce that respects Aboriginal and Torres Strait Islander peoples and eliminates racism in healthcare\n  - Transparency, accountability, efficiency and fairness\n\n- **New notification rules** about when National Boards must or may tell other health practitioners or employers about disciplinary actions taken against a practitioner—particularly when there are risks to patient safety\n\n- **Clarified rules** about when suspended practitioners can have their registration extended\n\n**Who it affects:**\n- Health practitioners registered in NSW (doctors, nurses, dentists, pharmacists, etc.)\n- The National Boards that regulate these professions\n- Employers and colleagues who share premises with regulated practitioners\n\n**Why it matters:**\nThis ensures NSW stays aligned with the national scheme, incorporates stronger cultural safety requirements into health regulation, and improves information sharing when practitioners pose risks to public safety."}},"importantCases":[],"_links":{"self":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2022","history":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2022/history","analysis":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2022/analysis","conflicts":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2022/conflicts","importantCases":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2022/important-cases","documents":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2022/documents"}}