{"id":"nsw:sl-2025-0227","name":"Health Practitioner Regulation (Adoption of National Law) Regulation 2025","slug":"health-practitioner-regulation-adoption-of-national-law-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"227 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173710,"registerId":"nsw-sl-2025-0227-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 2025](/view/html/inforce/current/sl-2025-0227).","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 section 4(1) and Schedule 1\\[4\\] and \\[5\\]—on the day on which the Queensland Amendment Act, section 16 commences,\n> \n> > (b) for sections 4(2) and 5(3) and Schedule 1\\[7\\]—on the day on which the Queensland Amendment Act, section 22 commences,\n> \n> > (c) for section 5(1) and Schedule 1\\[2\\] and \\[3\\]—on the day on which the Queensland Amendment Act, section 17 commences,\n> \n> > (d) for section 5(2) and Schedule 1\\[1\\] and \\[6\\]—on the day on which the Queensland Amendment Act, section 21 commences,\n> \n> > (e) otherwise—on the day on which this regulation 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> Queensland Act means the Health Practitioner Regulation National Law Act 2009 of Queensland.\n> \n> Queensland Amendment Act means theHealth Practitioner Regulation National Law and Other Legislation Amendment Act 2025 of Queensland.\n> \n> the Act means the [Health Practitioner Regulation (Adoption of National Law) Act 2009](/view/html/inforce/current/act-2009-086).\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 2025 of Queensland","content":"# Part 2 Application of Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025 of Queensland\n\nPart 2 Application of Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025 of Queensland\n\nNote—\n\nThe Queensland Amendment Act, sections 18, 19 and 20 are not applied as amendments to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).","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> > (1) For the Act, section 4(2) and (3)—\n> > \n> > > (a) the Queensland Amendment Act, section 16, which amends the schedule to the Queensland Act, applies as an amendment 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 this regulation, Schedule 1\\[4\\] and \\[5\\] for the purpose of applying the amendment made by the Queensland Amendment Act, section 16 as an amendment to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> > (2) For the Act, section 4(2) and (3), the Queensland Amendment Act, section 22, which amends the schedule to the Queensland Act, applies as an amendment to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).","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)—\n> > \n> > > (a) the Queensland Amendment Act, section 17, as modified by amendments to the Act, Schedule 1 set out in this regulation, Schedule 1\\[2\\], applies as an amendment 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 this regulation, Schedule 1\\[3\\] for the purpose of applying the amendment made by the Queensland Amendment Act, section 17 as an amendment to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> > (2) For the Act, section 4(2) and (3)—\n> > \n> > > (a) the Queensland Amendment Act, section 21, as modified by amendments to the Act, Schedule 1 set out in this regulation, Schedule 1\\[6\\], applies as an amendment 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 this regulation, Schedule 1\\[1\\] for the purpose of applying the amendment made by the Queensland Amendment Act, section 21 as an amendment 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), the Queensland Amendment Act, section 23, as modified by amendments to the Act, Schedule 1 set out in this regulation, Schedule 1\\[7\\], applies as an amendment to the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).","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)","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Schedule 1[16B]","content":"#### 6 Schedule 1[16B]\n\n\\[6\\] Schedule 1\\[16B\\]\n\n> Insert after item \\[16A\\]—","sortOrder":15},{"sectionNumber":"7","sectionType":"section","heading":"Schedule 1[24AB]","content":"#### 7 Schedule 1[24AB]\n\n\\[7\\] Schedule 1\\[24AB\\]\n\n> Insert after item \\[24AA\\]—","sortOrder":19},{"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":21},{"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":22}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, the regulation appears to fulfil its stated purpose of adopting and maintaining alignment with the national health practitioner regulation framework in NSW. There are no indicators of scope creep or departure from the original administrative intent. Its automatic repeal date and partial commencement suggest it is operating as a standard transitional or updating instrument within its intended boundaries."},"complexity_factors":["Intergovernmental complexity: involves the interaction between NSW state law and a national legislative scheme across multiple jurisdictions","Only partially commenced: some provisions are not yet in force, requiring readers to determine which parts currently apply","Relies heavily on external legislation: the Health Practitioner Regulation National Law and the Subordinate Legislation Act 1989 must be read alongside this regulation to understand its full effect","Limited substantive content visible: the published text provided is largely metadata and status information rather than operative provisions, making full analysis difficult","Staged repeal mechanism adds a time-limited dimension that practitioners and employers must track"],"plain_english_summary":"This NSW regulation connects the state to Australia’s National Registration and Accreditation Scheme for health practitioners, providing the legal framework for recognition and regulation of registered professionals (doctors, nurses, pharmacists, allied health, etc.). It mainly aligns NSW with the national system rather than creating new substantive rules.\n\nIt affects registered practitioners, their employers and the public. Parts are not yet in force, and the regulation will automatically expire on 1 September 2030."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation narrows and modifies the Queensland Amendment Act when applying it in NSW. It excludes certain Queensland sections from application to NSW (Part 2 note: Queensland Amendment Act sections 18–20 not applied), substitutes NSW‑specific provisions (e.g. new s77A and ss225A–B in Schedule 1), and stages commencement according to particular Queensland sections (s2). These modifications change which Queensland changes take effect in NSW and how they operate."},"complexity_factors":["Cross‑jurisdictional adoption: applies and modifies Queensland Amendment Act provisions to NSW law (Part 2; ss4–5; Schedule 1).","Staggered commencement linked to multiple Queensland Amendment Act sections and NSW publication dates (s2).","Substituted and omitted provisions for NSW, creating deviations from the Queensland text (Schedule 1 items [1]–[7]).","New restriction on disqualified applicants requiring a tribunal reinstatement order (Schedule 1[8A] / s77A) increasing procedural dependency on tribunals.","Mandatory, potentially permanent recording of tribunal findings involving sexual misconduct on National and Specialists Registers, with limited removal routes (Schedule 1[16B] / ss225A–225B).","Interplay between register duties and appellate/court processes (ss225A(5)–(6)), creating conditional obligations and removal triggers.","Transitional and retrospective reach for non‑disclosure agreements and past conduct (s329), expanding temporal application.","Dependence on definitions and interpretation in the adopting Act and the Interpretation Act (s3), which affects statutory meaning across provisions.","Multiple ‘not applicable to NSW’ notes and excluded Parts, increasing interpretive complexity about what is in or out (Parts 15–16 notes)."],"plain_english_summary":"This regulation brings selected changes from Queensland’s 2025 Health Practitioner Regulation amendments into NSW law, with specific NSW substitutions and timing. Mechanically, it bars a disqualified person from reapplying for registration unless a responsible tribunal orders reinstatement (s77A), requires National Boards to record specified tribunal findings involving sexual misconduct on National and Specialists Registers (ss225A–225B), and applies section 237B to non‑disclosure agreements about practitioner conduct (s329). Who decides: tribunals set reinstatement and findings; National Boards must record and maintain entries. Who pays: practitioners face registration and reputational impacts; Boards incur administrative and legal compliance costs. Commencement is staged and tied to Queensland provisions and publication (s2)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: adopting Queensland amendments to the national health practitioner regulation scheme and inserting NSW-specific modifications. While it adds significant new substantive provisions (sexual misconduct register requirements, disqualification restrictions), these are within the scope of health practitioner regulation and consistent with the Act's purpose of implementing the national scheme with NSW variations."},"complexity_factors":["Multiple staggered commencement dates tied to Queensland legislation (5 different triggers in section 2)","Heavy cross-referencing between NSW and Queensland Acts (Queensland Amendment Act sections 16, 17, 21, 22, 23 mapped to specific NSW provisions)","Nested conditional logic in sections 225A and 225B (multiple tiers of 'if/then' requirements for recording sexual misconduct information)","Modification of modifications: Some Queensland amendments are applied 'as modified' by further NSW-specific changes (sections 5(1), 5(2), 5(3))","Complex amendment instructions using legislative shorthand like 'omit', 'insert instead', 'insert after' requiring readers to reconstruct the final text mentally","Interaction between national law, NSW adoption legislation, and Queensland source amendments creates a three-layer legal framework","Specific exclusions noted (Queensland Amendment Act sections 18, 19, 20 not applied; Parts 15 and 16 marked 'not applicable to NSW' despite being inserted)"],"plain_english_summary":"This regulation updates New South Wales laws to match changes made in Queensland to the national scheme that regulates health practitioners (like doctors, nurses, dentists, and psychologists).\n\n**What it does:**\n- **Adopts Queensland amendments:** It brings several changes from Queensland's *Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025* into NSW law. This keeps the national scheme consistent across states.\n- **Adds new NSW-specific rules:** It inserts special NSW-only provisions (called \"substituted provisions\") that:\n  - **Stop disqualified practitioners from reapplying** for registration unless a tribunal specifically allows it (Section 77A)\n  - **Require public shaming of sexual misconduct:** If a tribunal finds a health practitioner engaged in sexual misconduct, the National Board must permanently record this in the public register, including details of the decision and any restrictions on their practice (Sections 225A and 225B)\n- **Removes redundant provisions:** It deletes a duplicated definition of \"professional misconduct\" and an outdated section about tribunal procedures.\n- **Bans non-disclosure agreements:** It applies a new ban on agreements that would stop people from reporting concerns about practitioner conduct, health, or performance (Section 237B).\n\n**Who it affects:**\n- Health practitioners registered in NSW\n- Patients and the public (who can now see sexual misconduct findings in public registers)\n- National Boards that manage practitioner registrations\n- Tribunals that hear disciplinary matters\n\n**Why it matters:**\nThis strengthens protections for patients by ensuring serious misconduct—particularly sexual misconduct—is transparently recorded and that practitioners who have been disqualified can't simply reapply for registration without tribunal approval. It also prevents \"hush money\" agreements that might hide dangerous practitioner behaviour."}},"importantCases":[],"_links":{"self":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2025","history":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2025/history","analysis":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2025/analysis","conflicts":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2025/conflicts","importantCases":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2025/important-cases","documents":"/api/acts/health-practitioner-regulation-adoption-of-national-law-regulation-2025/documents"}}