{"id":"a-db-39269","name":"HEALTH PRACTITIONER REGULATION NATIONAL LAW (ACT)","slug":"health-practitioner-regulation-national-law-act-","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":233509,"registerId":"act-health-practitioner-regulation-national-law-act-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"18","sectionType":"section","heading":"September 2024. It also includes any commencement, amendment, repeal or expiry affecting","content":"18 September 2024. It also includes any commencement, amendment, repeal or expiry affecting\nthe republished law to 18 September 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nNational Law\nThis Law is the Health Practitioner Regulation National Law, as in force from time to time, set\nout in the schedule to the Health Practitioner Regulation National Law Act 2009 (Qld).\nThis Law applies in the ACT as if it were part of the Health Practitioner Regulation National\nLaw (ACT) Act 2010 and must be read with that Act (see that Act, s 6).\nNote Certain territory laws do not apply to this Law or to instruments made under it (see the\nHealth Practitioner Regulation National Law (ACT) Act 2010, s 9).\nModifications\nIn its application in the ACT this Law is modified by the Health Practitioner Regulation National\nLaw (ACT) Act 2010.\nIf a provision of the republished law is affected by a current modification, the provision appears\nas modified and the text of the modification is shaded.\n\ncontents 1\nPage\n1 Short title 2\n2 Commencement 2\n3 Objectives 2\n3A Guiding principles 3\n4 How functions to be exercised 4\n5 Definitions 4\n6 Interpretation generally 19\n7 Single national entity 19\n8 Extraterritorial operation of Law 20\n9 Trans-Tasman mutual recognition principle 20\n10 Law binds the State 20\n\nPage\ncontents 2 Health Practitioner Regulation National Law (ACT)\n11 Policy directions 21\n12 Approval of registration standards 22\n13 Approvals in relation to specialist registration 23\n14 Approval of endorsement in relation to scheduled medicines 24\n15 Approval of areas of practice for purposes of endorsement 24\n16 How Ministerial Council exercises functions 25\n17 Notification and publication of directions and approvals 25\nPart 4 Australian Health Practitioner Regulation\nAgency\n23 National Agency 26\n24 General powers of National Agency 26\n25 Functions of National Agency 26\n26 Health profession agreements 28\n27 Co-operation with participating jurisdictions and Commonwealth 29\n28 Office of National Agency 29\n29 Agency Board 30\n30 Functions of Agency Board 30\n31 Regulations must provide for National Boards 32\n31A Status of National Board 33\n32 Powers of National Board 33\n33 Membership of National Boards 34\n34 Eligibility for appointment 36\n35 Functions of National Boards 36\n35A National Board consideration of criminal history 39\n36 State and Territory Boards 40\n37 Delegation of functions 41\n\nPage\ncontents 3\n38 National board must develop registration standards 42\n39 Codes and guidelines 43\n40 Consultation about registration standards, codes and guidelines 43\n41 Use of registration standards, codes or guidelines in\ndisciplinary proceedings 44\n42 Definition 45\n43 Accreditation authority to be decided 46\n44 National Agency may enter into contracts with external\naccreditation entities 46\n45 Accreditation processes to be published 46\n46 Development of accreditation standards 47\n47 Approval of accreditation standards 47\n48 Accreditation of programs of study 48\n49 Approval of accredited programs of study 49\n50 Accreditation authority to monitor approved programs of study 51\n51 Changes to approval of program of study 51\n52 Eligibility for general registration 53\n53 Qualifications for general registration 54\n54 Examination or assessment for general registration 55\n55 Unsuitability to hold general registration 55\n56 Period of general registration 56\n57 Eligibility for specialist registration 57\n58 Qualifications for specialist registration 58\n59 Examination or assessment for specialist registration 59\n60 Unsuitability to hold specialist registration 59\n\nPage\ncontents 4 Health Practitioner Regulation National Law (ACT)\n61 Period of specialist registration 59\n62 Eligibility for provisional registration 60\n63 Unsuitability to hold provisional registration 60\n64 Period of provisional registration 61\n65 Eligibility for limited registration 62\n66 Limited registration for postgraduate training or supervised practice 63\n67 Limited registration for area of need 63\n68 Limited registration in public interest 64\n69 Limited registration for teaching or research 65\n70 Unsuitability to hold limited registration 65\n71 Limited registration not to be held for more than one purpose 65\n72 Period of limited registration 66\n73 Eligibility for non-practising registration 66\n74 Unsuitability to hold non-practising registration 67\n75 Registered health practitioner who holds non-practising\nregistration must not practise the profession 67\n76 Period of non-practising registration 68\n77 Application for registration 68\n78 Power to check applicant’s proof of identity 69\n79 Power to check applicant’s criminal history 70\n80 Boards’ other powers before deciding application for registration 70\n81 Applicant may make submissions about proposed refusal of\napplication or imposition of condition 72\n82 Decision about application 73\n83 Conditions of registration 74\n83A Undertakings at registration 74\n84 Notice to be given to applicant 74\n85 Failure to decide application 75\n85A Power to withdraw registration 75\n\nPage\ncontents 5\n85B Registered health practitioner may make submissions about proposed\nwithdrawal of registration 75\n85C Decision about withdrawal of registration 76\n85D Notice to be given to registered health practitioner 76\n85E When decision takes effect 77\nSubdivision 1 Persons undertaking approved programs of study\n86 Definitions 77\n87 National Board must register persons undertaking approved\nprogram of study 78\n88 National Board may ask education provider for list of persons\nundertaking approved program of study 79\n89 Registration of students 79\n90 Period of student registration 80\nSubdivision 2 Other persons to be registered as students\n91 Education provider to provide lists of persons 81\nSubdivision 3 General provisions applicable to students\n92 Notice to be given if student registration suspended or\ncondition imposed 82\n93 Report to National Board of cessation of status as student 83\nSubdivision 1 Endorsement in relation to scheduled medicines\n94 Endorsement for scheduled medicines 84\nSubdivision 2 Endorsement in relation to nurse practitioners\n95 Endorsement as nurse practitioner 85\nSubdivision 4 Endorsement in relation to acupuncture\n97 Endorsement for acupuncture 86\nSubdivision 5 Endorsements in relation to approved areas of practice\n98 Endorsement for approved area of practice 87\nSubdivision 6 Application for endorsement\n99 Application for endorsement 88\n100 Boards’ other powers before deciding application for endorsement 88\n101 Applicant may make submissions about proposed refusal of\napplication or imposition of condition 89\n\nPage\ncontents 6 Health Practitioner Regulation National Law (ACT)\n102 Decision about application 90\n103 Conditions of endorsement 90\n103A Undertakings at endorsement 91\n104 Notice of decision to be given to applicant 91\n105 Period of endorsement 91\n106 Failure to decide application for endorsement 92\nSubdivision 1 Renewal of registration of registered health\n107 Application for renewal of registration or endorsement 92\n108 Registration taken to continue in force 93\n109 Annual statement 93\n110 National Board’s powers before making decision 95\n111 Applicant may make submissions about proposed refusal of\napplication for renewal or imposition of condition 95\n112 Decision about application for renewal 96\nSubdivision 2 Renewal of registration after suspension period\n112A Application of Subdivision 98\n112B Application for renewal of registration 98\n112C End of registration 99\n112D Sections 109 to 112 apply to application for renewal under this\nSubdivision 100\nSubdivision 1 Title protections\n113 Restriction on use of protected titles 100\n114 Use of title “acupuncturist” 103\n115 Restriction on use of specialist titles 103\n115A Claims by persons as to membership of surgical class 104\n116 Claims by persons as to registration as health practitioner 106\n117 Claims by persons as to registration in particular profession or division 108\n118 Claims by persons as to specialist registration 109\n119 Claims about type of registration or registration in recognised specialty 111\n120 Registered health practitioner registered on conditions 112\n\nPage\ncontents 7\n121 Restricted dental acts 113\n122 Restriction on prescription of optical appliances 114\n123 Restriction on spinal manipulation 115\nSubdivision 1 Certificates of registration\n124 Issue of certificate of registration 116\nSubdivision 2 Review of conditions and undertakings\n125 Changing or removing conditions or undertaking on\napplication by registered health practitioner or student 118\n126 Changing conditions on Board’s initiative 120\n127 Removal of condition or revocation of undertaking 121\n127A When matters under this subdivision may be decided by review body\nof a co-regulatory jurisdiction 122\nSubdivision 3 Obligations of registered health practitioners and\n128 Continuing professional development 123\n129 Professional indemnity insurance arrangements 124\n130 Registered health practitioner or student to give National Board\nnotice of certain events 124\n131 Change in principal place of practice, address or name 127\n131A Nomination of an alternative name 128\n131B Use of names 129\n132 National Board may ask registered health practitioner for practice\ninformation 129\nSubdivision 4 Advertising\n133 Advertising 131\nSubdivision 5 Board’s powers to check identity and criminal history\n134 Evidence of identity 132\n135 Criminal history check 132\nSubdivision 6 General\n136 Directing or inciting unprofessional conduct or professional misconduct 133\n137 Surrender of registration 133\n\nPage\ncontents 8 Health Practitioner Regulation National Law (ACT)\n138 Application of Part to persons who are registered health practitioners 135\n139 Proceedings in relation to practitioner’s behaviour while temporarily\nunregistered 135\n139A Application of Part to persons who were registered health practitioners 136\n139B Application of Part to persons who were registered under\ncorresponding prior Act 137\n140 Definition of notifiable conduct 137\n141 Mandatory notifications by health practitioners other than treating\npractitioners 138\n141A Mandatory notifications by treating practitioners of sexual misconduct 140\n141B Mandatory notifications by treating practitioners of substantial risk of\nharm to public 141\n141C When practitioner does not form reasonable belief in course of\nproviding health service 142\n142 Mandatory notifications by employers 144\n143 Mandatory notifications by education providers 145\n144 Grounds for voluntary notification 146\n145 Who may make voluntary notification 147\nDivision 4 Making a notification\n146 How notification is made 147\n147 National Agency to provide reasonable assistance to notifier 148\n148 Referral of notification to National Board or co-regulatory authority 148\n149 Preliminary assessment 149\n149A Power to require information 150\n149B Inspection of documents 150\n150 Relationship with health complaints entity 151\n150A Referral to other entities 154\n151 When National Board may decide to take no further action 155\n152 National Board to give notice of receipt of notification 156\n\nPage\ncontents 9\nDivision 6 Other matters\n153 National Board may deal with notifications about same person\ntogether 157\n154 National Boards may deal with notifications collaboratively 157\n155 Definition 158\n156 Power to take immediate action 158\n157 Show cause process 160\n158 Notice to be given to registered health practitioner or student\nabout immediate action 160\n159 Period of immediate action 161\n159A Board may give information to notifier about immediate action 162\n159B Definitions 162\n159C Issuing of interim prohibition order 163\n159D Show cause process for interim prohibition orders 163\n159E Decision to take urgent action to issue interim prohibition order 164\n159F Duration of interim prohibition order 166\n159G Revocation or variation of interim prohibition order 166\n159H Extension of interim prohibition order by regulatory body 167\n159I Regulatory body may give information to notifier about interim\nprohibition order 167\n159J Application for extension of interim prohibition order by regulatory body 168\n159K Decision about extension of interim prohibition order 169\n159L Revocation of extended or substituted interim prohibition order by\nresponsible tribunal 170\n159M Variation of interim prohibition order by responsible tribunal 171\n159N Publication of information about interim prohibition orders 172\n159O Offences relating to interim prohibition orders 174\n159P Definition 175\n159Q Making of public statement 175\n159R Show cause process for public statement 176\n159S Revision of public statement by regulatory body 177\n159T Revocation of public statement 177\n\nPage\ncontents 10 Health Practitioner Regulation National Law (ACT)\nSubdivision 1 Preliminary\n160 When investigation may be conducted 178\n161 Registered health practitioner or student to be given notice of\ninvestigation 179\n162 Investigation to be conducted in timely way 180\nSubdivision 2 Investigators\n163 Appointment of investigators 180\n164 Identity card 180\n165 Display of identity card 181\nSubdivision 3 Procedure after investigation\n166 Investigator’s report about investigation 181\n167 Joint decision by National Board and health complaints entity 182\n167A Board may give information to notifier about result of investigation 183\n168 Definition 183\n169 Requirement for health assessment 183\n170 Requirement for performance assessment 183\n171 Appointment of assessor to carry out assessment 184\n172 Notice to be given to registered health practitioner or student\nabout assessment 184\n173 Assessor may require information or attendance 185\n174 Inspection of documents 185\n175 Report from assessor 186\n176 Copy of report to be given to health practitioner or student 186\n177 Joint decision by National Board and health complaints entity 187\n177A Board may give information to notifier about decision following\nassessor’s report 188\n178 National Board may take action 188\n179 Show cause process 191\n180 Notice to be given to health practitioner or student and notifier 191\n181 Establishment of health panel 192\n\nPage\ncontents 11\n182 Establishment of performance and professional standards panel 193\n183 List of approved persons for appointment to panels 194\n184 Notice to be given to registered health practitioner or student 194\n185 Procedure of panel 196\n186 Legal representation 196\n186A Role of health complaints entity 196\n187 Submission by notifier 197\n188 Panel may proceed in absence of registered health practitioner\nor student 197\n189 Hearing not open to the public 197\n190 Referral to responsible tribunal or National Board 197\n191 Decision of panel 198\n191A Decision of panel after reconsideration of suspension 200\n191B Change of reconsideration date for suspension of registration 200\n192 Notice to be given about panel’s decision 202\n193 Matters to be referred to responsible tribunal 203\n193A National Boards may decide not to refer certain matters 204\n194 Parties to the proceedings 205\n195 Costs 205\n196 Decision by responsible tribunal about registered health practitioner 205\n196A Offences relating to prohibition orders 207\n197 Decision by responsible tribunal about student 208\n198 Relationship with Act establishing responsible tribunal 208\n199 Appellable decisions 209\n200 Parties to the proceedings 211\n201 Costs 211\n202 Decision 211\n203 Relationship with Act establishing responsible tribunal 212\n204 Notice from adjudication body 212\n205 Implementation of decisions 212\n\nPage\ncontents 12 Health Practitioner Regulation National Law (ACT)\n206 National Board to give notice to registered health practitioner’s\nemployer and other entities 213\n207 Effect of suspension 215\n208 Australian Health Practitioner Regulation Agency Fund 216\n209 Payments into Agency Fund 216\n210 Payments out of Agency Fund 217\n211 Investment of money in Agency Fund 218\n212 Financial management duties of National Agency and National Boards 218\n212A Application of Commonwealth AIC Act 220\nDivision 1 Privacy\n213 Application of Commonwealth Privacy Act 221\n214 Definition 222\n215 Application of Commonwealth FOI Act 222\n216 Duty of confidentiality 223\n217 Disclosure of information for workforce planning 224\n218 Disclosure of information for information management and\ncommunication purposes 225\n219 Disclosure of information to other Commonwealth, State and\nTerritory entities 226\n220 Disclosure to protect health or safety of patients or other persons 226\n220A Disclosure of information about registered health practitioners to\nprotect health or safety of persons 227\n220B Disclosure of information about unregistered persons to protect health\nor safety of persons 229\n221 Disclosure to registration authorities 230\n222 Public national registers 230\n223 Specialists Registers 232\n224 Way registers are to be kept 233\n\nPage\ncontents 13\n225 Information to be recorded in National Register or Specialists Register 233\n226 National Board may decide not to include or to remove certain\ninformation in register 235\n227 Register about former registered health practitioners 236\n228 Inspection of registers 237\n229 Student registers 237\n230 Information to be recorded in student register 238\nDivision 5 Other records\n231 Other records to be kept by National Boards 239\n232 Record of adjudication decisions to be kept and made publicly\navailable 239\n233 Unique identifier to be given to each registered health practitioner 240\nDivision 1 Provisions relating to persons exercising functions\nunder Law\n234 General duties of persons exercising functions under this Law 241\n235 Application of Commonwealth Ombudsman Act 241\n236 Protection from personal liability for persons exercising functions 242\n237 Protection from liability for persons making notification or\notherwise providing information 243\n238 Functions and powers of inspectors 244\n239 Appointment of inspectors 244\n240 Identity card 244\n241 Display of identity card 245\n241A Proceedings for indictable offences 246\n242 Proceedings for other offences 246\n243 Conduct may constitute offence and be subject of disciplinary\nproceedings 246\n244 Evidentiary certificates 247\n\nPage\ncontents 14 Health Practitioner Regulation National Law (ACT)\n245 National regulations 248\n246 Parliamentary scrutiny of national regulations 249\n247 Effect of disallowance of national regulation 250\n248 Combined notice may be given 250\n249 Fees 251\n250 Definitions 252\n251 References to registered health practitioners 253\n252 Directions given by Ministerial council 253\n253 Accreditation functions exercised by existing accreditation entities 253\n254 Health profession standards approved by Ministerial Council 254\n255 Accreditation standards approved by National Board 254\nDivision 3 Advisory Council\n256 Members of Advisory Council 255\nDivision 4 National Agency\n257 Health profession agreements 255\n258 Service agreement 256\n259 Members of Agency Management Committee 256\nDivision 6 Staff, consultants and contractors of National Agency\n260 Chief executive officer 257\n261 Staff 257\n262 Consultants and contractors 258\n263 Annual report 258\nDivision 8 National Boards\n264 Members of National Boards 258\n265 Committees 259\n\nPage\ncontents 15\n266 Delegation 259\n267 Agency Fund 260\nDivision 10 Offences\n268 Offences 260\n269 General registration 260\n270 Specialist registration 261\n271 Provisional registration 262\n272 Limited registration 262\n273 Limited registration (public interest-occasional practice) 263\n274 Non-practising registration 263\n275 Registration for existing registered students 264\n276 Registration for new students 264\n277 Other registrations 264\n278 Endorsements 265\n279 Conditions imposed on registration or endorsement 266\n280 Expiry of registration and endorsement 267\n281 Protected titles for certain specialist health practitioners 267\n282 First renewal of registration or endorsement 268\n283 Programs of study 268\n284 Exemption from requirement for professional indemnity\ninsurance arrangements for midwives practising private midwifery 269\nDivision 12 Applications for registration and endorsement\n285 Applications for registration 271\n286 Applications for endorsement 271\n287 Disqualifications and conditions relevant to applications for registration 271\n288 Complaints and notifications made but not being dealt with on\nparticipation day 272\n289 Complaints and notifications being dealt with on participation day 273\n290 Effect of suspension 273\n291 Undertakings and other agreements 274\n292 Orders 274\n\nPage\ncontents 16 Health Practitioner Regulation National Law (ACT)\n293 List of approved persons 275\n294 Definition 275\n295 Assets and liabilities 275\n296 Records relating to registration and accreditation 276\n297 Financial and administrative records 277\n298 Pharmacy businesses and premises 277\n299 Members of local registration authority 277\n300 Application of Law to relevant health profession between\ncommencement and 1 July 2012 278\n301 Ministerial Council may appoint external accreditation entity 279\n302 Application of Law to appointment of first National Board for\nrelevant professions 279\n303 Qualifications for general registration in relevant profession 280\n304 Relationship with other provisions of Law 280\nPart 13 Transitional and other provisions for Health\nPractitioner Regulation National Law and\nOther Legislation Amendment Bill 2017\n306 Definitions 281\n307 Establishment of Paramedicine Board 282\n308 Powers and functions of Paramedicine Board 282\n309 Paramedicine Board taken to be a National Board for stated matters 283\n310 CAA accredited programs of study 283\n311 Qualifications for general registration in paramedicine for a limited\nperiod 284\n312 Accepted qualification for general registration in paramedicine 285\n313 Provisions that apply to student registration for Diploma of\nParamedical Science 285\n314 Applications for registration in paramedicine and period of registration 286\n315 Applications for registration in paramedicine made but not decided\nbefore participation day 286\n316 Period after participation day during which an individual does not\ncommit an offence under ss 113 and 116 287\n\nPage\ncontents 17\n317 Application of ss 113 and 116 to individual temporarily practising\nparamedicine in another jurisdiction 287\n318 Deciding review period for decision on application made under\nsection 125 before commencement 288\n319 Deciding review period for decision after notice given under\nsection 126 before commencement 288\n320 Membership of continued National Boards 289\n321 Offences relating to prohibition orders made before commencement 289\n322 Register to include prohibition orders made before commencement 290\n323 Public national registers 290\nPart 14 Transitional provisions for Health Practitioner\nRegulation National Law and Other\nLegislation Amendment Act 2022\n324 Renaming of Agency Management Committee 291\n325 Saving of endorsement of midwife practitioner 291\nPart 15 Transitional provision for Health Practitioner\nRegulation National Law (Surgeons)\nAmendment Act 2023\n326 Application of ss 196A, 222, 223 and 227 to particular prohibition\norders 293\nSchedule 2 Agency Board 294\nPart 1 General 294\n1 Definitions 294\nPart 2 Constitution 295\n2 Terms of office of members 295\n3 Remuneration 295\n4 Vacancy in office of member 295\n5 Vacancies to be advertised 297\n6 Extension of term of office during vacancy in membership 297\n7 Members to act in public interest 298\n8 Disclosure of conflict of interest 298\n\nPage\ncontents 18 Health Practitioner Regulation National Law (ACT)\nPart 3 Procedure 300\n9 General procedure 300\n10 Quorum 300\n11 Chief executive officer may attend meetings 300\n12 Presiding member 300\n13 Voting 300\n14 Transaction of business outside meetings or by telecommunication 301\n15 First meeting 301\n16 Defects in appointment of members 301\nSchedule 3 National Agency 302\nPart 1 Chief executive officer 302\n1 Chief executive officer 302\n2 Functions of chief executive officer 302\n3 Delegation and subdelegation by chief executive officer 303\n4 Vacancy in office 303\nPart 2 Staff, consultants and contractors 304\n5 Staff of National Agency 304\n6 Staff seconded to National Agency 304\n7 Consultants and contractors 304\nPart 3 Reporting obligations 305\n8 Annual report 305\n9 Reporting by National Boards 306\nSchedule 4 National Boards 307\nPart 1 General 307\n1 Definitions 307\nPart 2 Constitution 308\n2 Terms of office of members 308\n3 Remuneration 308\n4 Vacancy in office of member 308\n5 Vacancies to be advertised 309\n\nPage\ncontents 19\n6 Extension of term of office during vacancy in membership 310\n7 Members to act in public interest 310\n8 Disclosure of conflict of interest 311\nPart 3 Functions and powers 313\n9 Requirement to consult other National Boards 313\n10 Boards may obtain assistance 313\n11 Committees 313\nPart 4 Procedure 314\n12 General procedure 314\n13 Quorum 314\n14 Presiding member 314\n15 Voting 314\n16 Transaction of business outside meetings or by telecommunication 314\n17 First meeting 315\n18 Defects in appointment of members 315\nSchedule 5 Investigators 316\nPart 1 Power to obtain information 316\n1 Powers of investigators 316\n2 Offence for failing to produce information or attend before investigator 316\n3 Inspection of documents 318\nPart 2 Power to enter places 319\n4 Entering places 319\n5 Application for warrant 319\n6 Issue of warrant 319\n7 Application by electronic communication 320\n8 Procedure before entry under warrant 322\n9 Powers after entering places 322\n10 Offences for failing to comply with requirement under clause 9 323\n11 Seizure of evidence 324\n12 Securing seized things 325\n13 Receipt for seized things 325\n14 Forfeiture of seized thing 325\n\nPage\ncontents 20 Health Practitioner Regulation National Law (ACT)\n15 Dealing with forfeited things 326\n16 Return of seized things 326\n17 Access to seized things 327\nPart 3 General matters 328\n18 Damage to property 328\n19 Compensation 328\n20 False or misleading information 329\n21 False or misleading documents 329\n22 Obstructing investigators 330\n23 Impersonation of investigators 330\nSchedule 6 Inspectors 331\nPart 1 Power to obtain information 331\n1 Powers of inspectors 331\n2 Offence for failing to produce information or attend before inspector 331\n3 Inspection of documents 333\nPart 2 Power to enter places 334\n4 Entering places 334\n5 Application for warrant 334\n6 Issue of warrant 334\n7 Application by electronic communication 335\n8 Procedure before entry under warrant 337\n9 Powers after entering places 337\n10 Offences for failing to comply with requirement under clause 9 338\n11 Seizure of evidence 339\n12 Securing seized things 339\n13 Receipt for seized things 340\n14 Forfeiture of seized thing 340\n15 Dealing with forfeited things 341\n16 Return of seized things 341\n17 Access to seized things 342\nPart 3 General matters 343\n18 Damage to property 343\n\nPage\ncontents 21\n19 Compensation 343\n20 False or misleading information 344\n21 False or misleading documents 344\n22 Obstructing inspectors 345\n23 Impersonation of inspectors 345\nSchedule 7 Miscellaneous provisions relating to\ninterpretation 346\nPart 1 Preliminary 346\n1 Displacement of Schedule by contrary intention 346\nPart 2 General 347\n2 Law to be construed not to exceed legislative power of Legislature 347\n3 Every section to be a substantive enactment 347\n4 Material that is, and is not, part of this Law 347\n5 References to particular Acts and to enactments 348\n6 References taken to be included in Act or Law citation etc 348\n7 Interpretation best achieving Law’s purpose 349\n8 Use of extrinsic material in interpretation 349\n9 Effect of change of drafting practice and use of examples 351\n10 Use of examples 351\n11 Compliance with forms 352\nPart 3 Terms and references 353\n12 Definitions 353\n13 Provisions relating to defined terms and gender and number 358\n14 Meaning of “may” and “must” etc 359\n15 Words and expressions used in statutory instruments 359\n16 Effect of express references to bodies corporate and individuals 359\n17 Production of records kept in computers etc 360\n18 References to this jurisdiction to be implied 360\n19 References to officers and holders of offices 360\n20 Reference to certain provisions of Law 361\n21 Reference to provisions of this Law or an Act is inclusive 362\n\nPage\ncontents 22 Health Practitioner Regulation National Law (ACT)\nPart 4 Functions and powers 363\n22 Performance of statutory functions 363\n23 Power to make instrument or decision includes power to amend\nor repeal 363\n24 Matters for which statutory instruments may make provision 364\n25 Presumption of validity and power to make 365\n26 Appointments may be made by name or office 366\n27 Acting appointments 366\n28 Powers of appointment imply certain incidental powers 368\n29 Delegation of functions 369\n30 Exercise of powers between enactment and commencement 371\nPart 5 Distance, time and age 374\n31 Matters relating to distance, time and age 374\nPart 6 Effect of repeal, amendment or expiration 376\n32 Time of Law ceasing to have effect 376\n33 Repealed Law provisions not revived 376\n34 Saving of operation of repealed Law provisions 376\n35 Continuance of repealed provisions 377\n36 Law and amending Acts to be read as one 377\nPart 7 Instruments under Law 378\n37 Schedule applies to statutory instruments 378\nPart 8 Application to coastal sea 379\n38 Application 379\n1 About the endnotes 380\n2 Abbreviation key 380\n3 Legislation history 381\n4 Amendment history 384\n5 Earlier republications 400\n\nAn Act providing for the adoption of a national law to establish a national\nregistration and accreditation scheme for health practitioners\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Law may be cited as the Health Practitioner Regulation National\nLaw.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Law commences in a participating jurisdiction as provided by\nthe Act of that jurisdiction that applies this Law as a law of that\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objectives","content":"3 Objectives\n(1) The object of this Law is to establish a national registration and\naccreditation scheme for—\n(a) the regulation of health practitioners; and\n(b) the registration of students undertaking—\n(i) programs of study that provide a qualification for\nregistration in a health profession; or\n(ii) clinical training in a health profession.\n(2) The objectives of the national registration and accreditation scheme\nare—\n(a) to provide for the protection of the public by ensuring that only\nhealth practitioners who are suitably trained and qualified to\npractise in a competent and ethical manner are registered; and\n(b) to facilitate workforce mobility across Australia by reducing the\nadministrative burden for health practitioners wishing to move\nbetween participating jurisdictions or to practise in more than\none participating jurisdiction; and\n(c) to facilitate the provision of high quality education and training\nof health practitioners; and\n\n(ca) to build the capacity of the Australian health workforce to\nprovide culturally safe health services to Aboriginal and Torres\nStrait Islander Peoples; and\n(d) to facilitate the rigorous and responsive assessment of overseas-\ntrained health practitioners; and\n(e) to facilitate access to services provided by health practitioners\nin accordance with the public interest; and\n(f) to enable the continuous development of a flexible, responsive\nand sustainable Australian health workforce and to enable\ninnovation in the education of, and service delivery by, health\npractitioners.\n","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Guiding principles","content":"3A Guiding principles\n(1) The main guiding principle of the national registration and\naccreditation scheme is that the following are paramount—\n(a) protection of the public;\n(b) public confidence in the safety of services provided by\nregistered health practitioners and students.\n(2) The other guiding principles of the national registration and\naccreditation scheme are as follows—\n(a) the scheme is to operate in a transparent, accountable, efficient,\neffective and fair way;\n(aa) the scheme is to ensure the development of a culturally safe and\nrespectful health workforce that—\n(i) is responsive to Aboriginal and Torres Strait Islander\nPeoples and their health; and\n\n(ii) contributes to the elimination of racism in the provision of\nhealth services;\nCodes and guidelines developed and approved by National Boards under\nsection 39 may provide guidance to health practitioners about the provision\nof culturally safe and respectful health care.\n(b) fees required to be paid under the scheme are to be reasonable\nhaving regard to the efficient and effective operation of the\n(c) restrictions on the practice of a health profession are to be\nimposed under the scheme only if it is necessary to ensure health\nservices are provided safely and are of an appropriate quality.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"How functions to be exercised","content":"4 How functions to be exercised\nAn entity that has functions under this Law is to exercise its functions\nhaving regard to the objectives and guiding principles of the national\nregistration and accreditation scheme set out in sections 3 and 3A.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"5 Definitions\nACC means the Australian Crime Commission established under\nsection 7 of the Australian Crime Commission Act 2002 (Cwlth).\naccreditation authority means—\n(a) an external accreditation entity; or\n(b) an accreditation committee.\naccreditation committee means a committee established by a\nNational Board to exercise an accreditation function for a health\nprofession for which the Board is established.\n\naccreditation standard, for a health profession, means a standard\nused to assess whether a program of study, and the education provider\nthat provides the program of study, provide persons who complete the\nprogram with the knowledge, skills and professional attributes\nnecessary to practise the profession in Australia.\naccredited program of study means a program of study accredited\nunder section 48 by an accreditation authority.\nadjudication body means—\n(a) a panel; or\n(b) a responsible tribunal; or\n(c) a Court; or\n(d) an entity of a co-regulatory jurisdiction that is declared in the\nAct applying this Law to be an adjudication body for the\nAgency Board means the Australian Health Practitioner Regulation\nAgency Board established by section 29.\nAgency Fund means the Australian Health Practitioner Regulation\nAgency Fund established by section 208.\nappropriate professional indemnity insurance arrangements, in\nrelation to a registered health practitioner, means professional\nindemnity insurance arrangements that comply with an approved\nregistration standard for the health profession in which the\npractitioner is registered.\napproved accreditation standard means an accreditation standard—\n(a) approved by a National Board under section 47 (3); and\n(b) published on the Board’s website under section 47 (6).\napproved area of practice, for a health profession, means an area of\npractice approved under section 15 for the profession.\n\napproved program of study, for a health profession or for\nendorsement of registration in a health profession, means an\naccredited program of study—\n(a) approved under section 49 (1) by the National Board established\nfor the health profession; and\n(b) included in the list published by the National Agency under\nsection 49 (5).\napproved qualification—\n(a) for a health profession, means a qualification obtained by\ncompleting an approved program of study for the profession;\nand\n(b) for endorsement of registration in a health profession, means a\nqualification obtained by completing an approved program of\nstudy relevant to the endorsement.\napproved registration standard means a registration standard—\n(a) approved by the Ministerial Council under section 12; and\n(b) published on the website of the National Board that developed\nthe standard.\nAustralian legal practitioner means a person who—\n(a) is admitted to the legal profession under the law of a State or\nTerritory; and\n(b) holds a current practising certificate under a law of a State or\nTerritory authorising the person to practise the legal profession.\nCOAG Agreement means the agreement for a national registration\nand accreditation scheme for health professions, made on\n","sortOrder":6},{"sectionNumber":"26","sectionType":"section","heading":"March 2008 between the Commonwealth, the States, the","content":"26 March 2008 between the Commonwealth, the States, the\nAustralian Capital Territory and the Northern Territory.\nNote A copy of the COAG Agreement is available on the National Agency’s\nwebsite.\n\nco-regulatory authority, for a co-regulatory jurisdiction, means an\nentity that is declared by the Act applying this Law in the\nco-regulatory jurisdiction to be a co-regulatory authority for the\nco-regulatory jurisdiction means a participating jurisdiction in which\nthe Act applying this Law declares that the jurisdiction is not\nparticipating in the health, performance and conduct process provided\nby Divisions 3 to 12 of Part 8.\ncorresponding prior Act means a law of a participating jurisdiction\nthat—\n(a) was in force before the day on which the jurisdiction became a\nparticipating jurisdiction; and\n(b) established an entity having functions that included—\n(i) the registration of persons as health practitioners; or\n(ii) health, conduct or performance action.\ncriminal history, of a person, means the following—\n(a) every conviction of the person for an offence, in a participating\njurisdiction or elsewhere, and whether before or after the\ncommencement of this Law;\n(b) every plea of guilty or finding of guilt by a court of the person\nfor an offence, in a participating jurisdiction or elsewhere, and\nwhether before or after the commencement of this Law and\nwhether or not a conviction is recorded for the offence;\n(c) every charge made against the person for an offence, in a\nparticipating jurisdiction or elsewhere, and whether before or\nafter the commencement of this Law.\ncriminal history law means a law of a participating jurisdiction that\nprovides that spent or other convictions do not form part of a person’s\ncriminal history and prevents or does not require the disclosure of\nthose convictions.\n\ndivision, of a health profession, means a part of a health profession\nfor which a Division is included in the National Register kept for the\neducation provider means—\n(a) a university; or\n(b) a tertiary education institution, or another institution or\norganisation, that provides vocational training; or\n(c) a specialist medical college or other health profession college.\nentity includes a person and an unincorporated body.\nexercise a function includes perform a duty.\nexternal accreditation entity means an entity, other than a committee\nestablished by a National Board, that exercises an accreditation\nfunction.\nhealth assessment means an assessment of a person to determine\nwhether the person has an impairment and includes a medical,\nphysical, psychiatric or psychological examination or test of the\nhealth complaints entity means an entity—\n(a) that is established by or under an Act of a participating\n(b) whose functions include conciliating, investigating and\nresolving complaints made against health service providers and\ninvestigating failures in the health system.\nhealth, conduct or performance action means action that—\n(a) a National Board or an adjudication body may take in relation to\na registered health practitioner or student at the end of a\nproceeding under Part 8; or\n\n(b) a co-regulatory authority or an adjudication body may take in\nrelation to a registered health practitioner or student at the end\nof a proceeding that, under the law of a co-regulatory\njurisdiction, substantially corresponds to a proceeding under\nPart 8.\nhealth panel means a panel established under section 181.\nhealth practitioner means an individual who practises a health\nhealth profession means the following professions, and includes a\nrecognised specialty in any of the following professions—\n(a) Aboriginal and Torres Strait Islander health practice;\n(b) Chinese medicine;\n(c) chiropractic;\n(d) dental (including the profession of a dentist, dental therapist,\ndental hygienist, dental prosthetist and oral health therapist);\n(e) medical;\n(f) medical radiation practice;\n(g) midwifery;\n(ga) nursing;\n(h) occupational therapy;\n(i) optometry;\n(j) osteopathy;\n(ja) paramedicine;\n(k) pharmacy;\n(l) physiotherapy;\n(m) podiatry;\n\n(n) psychology.\nNote See Division 15 of Part 12 which provides for a staged commencement\nof the application of this Law to the Aboriginal and Torres Strait Islander\nhealth practice, Chinese medicine, medical radiation practice and\noccupational therapy professions.\nhealth profession agreement has the meaning given by section 26.\nhealth program means a program providing education, prevention,\nearly intervention, treatment or rehabilitation services relating to\nphysical or mental impairments, disabilities, conditions or disorders,\nincluding substance abuse or dependence.\nhealth service includes the following services, whether provided as\npublic or private services—\n(a) services provided by registered health practitioners;\n(b) hospital services;\n(c) mental health services;\n(d) pharmaceutical services;\n(e) ambulance services;\n(f) community health services;\n(g) health education services;\n(h) welfare services necessary to implement any services referred to\nin paragraphs (a) to (g);\n(i) services provided by dietitians, masseurs, naturopaths, social\nworkers, speech pathologists, audiologists or audiometrists;\n(j) pathology services.\nhealth service provider means a person who provides a health\nservice.\n\nimpairment, in relation to a person, means the person has a physical\nor mental impairment, disability, condition or disorder (including\nsubstance abuse or dependence) that detrimentally affects or is likely\nto detrimentally affect—\n(a) for a registered health practitioner or an applicant for\nregistration in a health profession, the person’s capacity to\npractise the profession; or\n(b) for a student, the student’s capacity to undertake clinical\ntraining—\n(i) as part of the approved program of study in which the\nstudent is enrolled; or\n(ii) arranged by an education provider.\ninterim prohibition order, for Division 7A of Part 8, see\nsection 159B.\nlocal registration authority means an entity having functions under a\nlaw of a State or Territory that include the registration of persons as\nhealth practitioners.\nmandatory notification means a notification an entity is required to\nmake to the National Agency under Division 2 of Part 8.\nmedical practitioner means a person who is registered under this Law\nin the medical profession.\nMinisterial Council means a body, however described, that consists\nof the Minister of each participating jurisdiction, and the\nCommonwealth, who is responsible, or principally responsible, for\nmatters relating to health.\nNational Agency means the Australian Health Practitioner\nRegulation Agency established by section 23.\nNational Board means a National Health Practitioner Board continued\nor established by regulations made under section 31.\n\nNational Register means the Register kept by a National Board under\nsection 222.\nnational registration and accreditation scheme means the scheme—\n(a) referred to in the COAG Agreement; and\n(b) established by this Law.\nnotification means—\n(a) a mandatory notification; or\n(b) a voluntary notification.\nnotifier means a person who makes a notification.\npanel means—\n(a) a health panel; or\n(b) a performance and professional standards panel.\nparticipating jurisdiction means a State or Territory—\n(a) that is a party to the COAG Agreement; and\n(b) in which—\n(i) this Law applies as a law of the State or Territory; or\n(ii) a law that substantially corresponds to the provisions of\nthis Law has been enacted.\nperformance and professional standards panel means a panel\nestablished under section 182.\nperformance assessment means an assessment of the knowledge,\nskill or judgment possessed, or care exercised by, a registered health\npractitioner in the practice of the health profession in which the\npractitioner is registered.\npolice commissioner means the commissioner of the police force or\npolice service of a participating jurisdiction or the Commonwealth.\n\npractice arrangement, between a registered health practitioner or\nunregistered person, and an entity—\n(a) includes—\n(i) a contract of employment, contract for services or another\narrangement or agreement between the practitioner or\nperson and the entity in relation to the provision of\nservices; or\n(ii) an agreement for the practitioner or person to provide\nservices for or on behalf of the entity, whether in an\nhonorary capacity, as a volunteer or otherwise, and\nwhether or not the practitioner or person receives payment\nfor the services; but\n(b) does not include a contract or agreement not directly related to\nthe provision of a health service.\nprincipal place of practice, for a registered health practitioner, means\nthe address declared by the practitioner to be the address—\n(a) at which the practitioner is predominantly practising the\n(b) if the practitioner is not practising the profession or is not\npractising the profession predominantly at one address, that is\nthe practitioner’s principal place of residence.\nprofessional misconduct, of a registered health practitioner,\nincludes—\n(a) unprofessional conduct by the practitioner that amounts to\nconduct that is substantially below the standard reasonably\nexpected of a registered health practitioner of an equivalent level\nof training or experience; and\n\n(b) more than one instance of unprofessional conduct that, when\nconsidered together, amounts to conduct that is substantially\nbelow the standard reasonably expected of a registered health\npractitioner of an equivalent level of training or experience; and\n(c) conduct of the practitioner, whether occurring in connection\nwith the practice of the health practitioner’s profession or not,\nthat is inconsistent with the practitioner being a fit and proper\nperson to hold registration in the profession.\nprogram of study means a program of study provided by an education\nprovider.\nprohibition order means—\n(a) a decision by a responsible tribunal of this jurisdiction under\nsection 196 (4) (b) or (c); or\n(b) a decision by a responsible tribunal of another participating\njurisdiction under section 196 (4) (b) or (c) as it applies in the\nother jurisdiction; or\n(c) a prohibition order under section 149C (5) of the Health\nPractitioner Regulation National Law (NSW); or\n(d) a decision under section 107 (4) (b) of the Health Ombudsman\nAct 2013 (Qld).\npsychologist means a person registered under this Law in the\npsychology profession.\npublic health facility includes—\n(a) a public hospital; and\n(b) a public health, teaching or research facility.\nrecognised specialty means a specialty in a health profession that has\nbeen approved by the Ministerial Council under section 13 (2).\n\nregistered health practitioner means an individual who—\n(a) is registered under this Law to practise a health profession, other\nthan as a student; or\n(b) holds non-practising registration under this Law in a health\nregistration authority means—\n(a) a local registration authority; or\n(b) an entity of a jurisdiction outside Australia that has\nresponsibility for registering health practitioners in that\nregistration standard means a registration standard developed by a\nNational Board under section 38.\nregistration status, in relation to an applicant for registration,\nincludes—\n(a) any undertakings given by the applicant to a registration\nauthority, whether before or after the commencement of this\n(b) any conditions previously imposed on the applicant’s\nregistration by a registration authority, whether before or after\nthe commencement of this Law; and\n(c) any decisions made by a registration authority, a tribunal, a court\nor another entity having functions relating to the regulation of\nhealth practitioners about the applicant’s practice of the\nprofession, whether before or after the commencement of this\n(d) any investigation commenced by a registration authority or a\nhealth complaints entity into the applicant’s conduct,\nperformance or possible impairment but not finalised at the time\nof the application.\n\nregulatory body, in relation to a person, means any of the following—\n(a) the National Agency;\n(b) for a person who is or was a registered health practitioner—a\nNational Board for a health profession in which the person is or\nwas registered.\nrelevant action, for Division 10 of Part 8, see section 178.\nrelevant fee, for a service provided by a National Board, means the\nfee—\n(a) set under a health profession agreement between the Board and\nthe National Agency for the service; and\n(b) published on the Board’s website under section 26 (3).\nrelevant provision—\n(a) for Division 7A of Part 8, see section 159B; or\n(b) for Division 7B of Part 8, see section 159P.\nresponsible Minister means a Minister responsible for the\nadministration of this Law in a participating jurisdiction.\nresponsible tribunal means a tribunal or court that—\n(a) is declared, by the Act applying this Law in a participating\njurisdiction, to be the responsible tribunal for that jurisdiction\nfor the purposes of this Law as applied in that jurisdiction, or\n(b) is declared, by a law that substantially corresponds to this Law\nenacted in a participating jurisdiction, to be the responsible\ntribunal for that jurisdiction for the purposes of the law of that\nreview period, for a condition or undertaking, means the period\nduring which the condition may not be changed or removed, or the\nundertaking may not be changed or revoked, under section 125, 126\nor 127.\n\nscheduled medicine means a substance included in a Schedule to the\ncurrent Poisons Standard within the meaning of the Therapeutic\nGoods Act 1989 of the Commonwealth.\nspecialist health practitioner means a person registered under this\nLaw in a recognised specialty.\nSpecialists Register means a register kept by a National Board under\nsection 223.\nspecialist title, in relation to a recognised specialty, means a title that\nis approved by the Ministerial Council under section 13 as being a\nspecialist title for that recognised specialty.\nState or Territory Board has the meaning given by section 36.\nstudent means a person whose name is entered in a student register\nas being currently registered under this Law.\nstudent register, for a health profession, means a register kept under\nsection 229 by the National Board established for the profession.\nsuspension period, in relation to a person’s registration in a health\nprofession, for Subdivision 2 of Division 9 of Part 7, see\nsection 112A.\nunprofessional conduct, of a registered health practitioner, means\nprofessional conduct that is of a lesser standard than that which might\nreasonably be expected of the health practitioner by the public or the\npractitioner’s professional peers, and includes—\n(a) a contravention by the practitioner of this Law, whether or not\nthe practitioner has been prosecuted for, or convicted of, an\noffence in relation to the contravention; and\n(b) a contravention by the practitioner of—\n(i) a condition to which the practitioner’s registration was\nsubject; or\n\n(ii) an undertaking given by the practitioner to the National\nBoard that registers the practitioner; and\n(c) the conviction of the practitioner for an offence under another\nAct, the nature of which may affect the practitioner’s suitability\nto continue to practise the profession; and\n(d) providing a person with health services of a kind that are\nexcessive, unnecessary or otherwise not reasonably required for\nthe person’s well-being; and\n(e) influencing, or attempting to influence, the conduct of another\nregistered health practitioner in a way that may compromise\npatient care; and\n(f) accepting a benefit as inducement, consideration or reward for\nreferring another person to a health service provider or\nrecommending another person use or consult with a health\nservice provider; and\n(g) offering or giving a person a benefit, consideration or reward in\nreturn for the person referring another person to the practitioner\nor recommending to another person that the person use a health\nservice provided by the practitioner; and\n(h) referring a person to, or recommending that a person use or\nconsult, another health service provider, health service or health\nproduct if the practitioner has a pecuniary interest in giving that\nreferral or recommendation, unless the practitioner discloses the\nnature of that interest to the person before or at the time of giving\nthe referral or recommendation.\nunregistered person means a person who is not registered, or whose\nregistration is suspended, under this Law.\n\nunsatisfactory professional performance, of a registered health\npractitioner, means the knowledge, skill or judgment possessed, or\ncare exercised by, the practitioner in the practice of the health\nprofession in which the practitioner is registered is below the standard\nreasonably expected of a health practitioner of an equivalent level of\ntraining or experience.\nvoluntary notification means a notification made under Division 3 of\nPart 8.\n6 Interpretation generally\nSchedule 7 applies in relation to this Law.\n7 Single national entity\n(1) It is the intention of the Parliament of this jurisdiction that this Law\nas applied by an Act of this jurisdiction, together with this Law as\napplied by Acts of the other participating jurisdictions, has the effect\nthat an entity established by or under this Law is one single national\nentity, with functions conferred by this Law as so applied.\n(2) An entity established by or under this Law has power to do acts in or\nin relation to this jurisdiction in the exercise of a function expressed\nto be conferred on it by this Law as applied by Acts of each\nparticipating jurisdiction.\n(3) An entity established by or under this Law may exercise its functions\nin relation to—\n(a) one participating jurisdiction; or\n(b) 2 or more or all participating jurisdictions collectively.\n(4) In this section, a reference to this Law as applied by an Act of a\njurisdiction includes a reference to a law that substantially\ncorresponds to this Law enacted in a jurisdiction.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Extraterritorial operation of Law","content":"8 Extraterritorial operation of Law\nIt is the intention of the Parliament of this jurisdiction that the\noperation of this Law is to, as far as possible, include operation in\nrelation to the following—\n(a) things situated in or outside the territorial limits of this\njurisdiction;\n(b) acts, transactions and matters done, entered into or occurring in\nor outside the territorial limits of this jurisdiction;\n(c) things, acts, transactions and matters (wherever situated, done,\nentered into or occurring) that would, apart from this Law, be\ngoverned or otherwise affected by the law of another\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Trans-Tasman mutual recognition principle","content":"9 Trans-Tasman mutual recognition principle\nThis Law does not affect the operation of an Act of a participating\njurisdiction providing for the application of the Trans-Tasman mutual\nrecognition principle to occupations.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Law binds the State","content":"10 Law binds the State\n(1) This Law binds the State.\nState means the Crown in right of this jurisdiction, and includes—\n(a) the Government of this jurisdiction; and\n(b) a Minister of the Crown in right of this jurisdiction; and\n(c) a statutory corporation, or other entity, representing the Crown\nin right of this jurisdiction.\n\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Policy directions","content":"11 Policy directions\n(1) The Ministerial Council may give directions to the National Agency\nabout the policies to be applied by the National Agency in exercising\nits functions under this Law.\n(2) The Ministerial Council may give directions to a National Board\nabout the policies to be applied by the National Board in exercising\nits functions under this Law.\n(3) Without limiting subsections (1) and (2), a direction under this section\nmay relate to—\n(a) a matter relevant to the policies of the National Agency or a\nNational Board; or\n(b) an administrative process of the National Agency or a National\nBoard; or\n(c) a procedure of the National Agency or a National Board; or\n(d) a particular proposed accreditation standard, or a particular\nproposed amendment of an accreditation standard, for a health\n(4) However, the Ministerial Council may give a National Board a\ndirection under subsection (3) (d) only if—\n(a) in the Council’s opinion, the proposed accreditation standard or\namendment will have a substantive and negative impact on the\nrecruitment or supply of health practitioners; and\n(b) the Council has first given consideration to the potential impact\nof the Council’s direction on the quality and safety of health\ncare.\n(5) A direction under this section cannot be about—\n(a) a particular person; or\n\n(b) a particular qualification; or\n(c) a particular application, notification or proceeding.\n(6) The National Agency or a National Board must comply with a\ndirection given to it by the Ministerial Council under this section.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Approval of registration standards","content":"12 Approval of registration standards\n(1) The Ministerial Council may approve a registration standard about—\n(a) the registration, or renewal of registration, of persons in a health\n(b) the endorsement, or renewal of the endorsement, of the\nregistration of registered health practitioners.\n(2) The Ministerial Council may approve a registration standard for a\nhealth profession only if—\n(a) its approval is recommended by the National Board established\nfor the health profession; and\n(b) it does not provide for a matter about which an accreditation\nstandard may provide.\nNote An accreditation standard for a health profession is a standard used to\nassess whether a program of study, and the education provider that\nprovides the program, provide persons who complete the program with\nthe knowledge, skills and professional attributes to practise the profession\nin Australia. Accreditation standards are developed and approved under\n","sortOrder":12},{"sectionNumber":"Div 3","sectionType":"division","heading":"of Part 6.","content":"Division 3 of Part 6.\n(3) The Ministerial Council may, at any time, ask a National Board to\nreview an approved or proposed registration standard for the health\nprofession for which the National Board is established.\n(4) The Ministerial Council may delegate any of the Council’s powers\nunder subsection (1) to an entity it considers appropriate to exercise\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Approvals in relation to specialist registration","content":"13 Approvals in relation to specialist registration\n(1) The following health professions, or divisions of health professions,\nare health professions for which specialist recognition operates under\nthis Law—\n(a) the medical profession;\n(b) the dentists division of the dental profession;\n(c) any other health profession approved by the Ministerial Council,\non the recommendation of the National Board established for the\n(2) If a health profession is a profession for which specialist recognition\noperates, the Ministerial Council may, on the recommendation of the\nNational Board established for the profession—\n(a) approve a list of specialties for the profession; and\n(b) approve one or more specialist titles for each specialty in the list.\n(3) In making a recommendation to the Ministerial Council for the\npurposes of subsection (1) (c) or (2), a National Board established for\na health profession may have regard to any relevant advice provided\nby—\n(a) an accreditation authority for the profession; or\n(b) a specialist college for the profession.\n(4) The Ministerial Council may provide guidance to a National Board\nestablished for a health profession for which specialist recognition\nwill operate in relation to the criteria for the approval of specialties\nfor the profession by the Council.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Approval of endorsement in relation to scheduled","content":"14 Approval of endorsement in relation to scheduled\nmedicines\n(1) The Ministerial Council may, on the recommendation of a National\nBoard, decide that the Board may endorse the registration of health\npractitioners practising a profession for which the Board is\nestablished as being qualified to administer, obtain, possess,\nprescribe, sell, supply or use a scheduled medicine or class of\nscheduled medicines.\nNote See section 94 which provides for the endorsement of health\npractitioners’ registration in relation to scheduled medicines.\n(2) An approval under subsection (1) is to specify—\n(a) the class of health practitioners registered by the Board to which\nthe approval relates; and\n(b) whether the National Board may endorse the registration of the\nclass of health practitioners as being qualified in relation to a\nparticular scheduled medicine or a class of scheduled medicines;\nand\n(c) whether the National Board may endorse the registration of the\nclass of health practitioners in relation to administering,\nobtaining, possessing, prescribing, selling, supplying or using\nthe scheduled medicine or class of scheduled medicines.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Approval of areas of practice for purposes of","content":"15 Approval of areas of practice for purposes of\nThe Ministerial Council may, on the recommendation of a National\nBoard, approve an area of practice in a health profession for which\nthe Board is established as being an area of practice for which the\nregistration of a health practitioner registered in the profession may\nbe endorsed.\nNote See section 98 which provides for the endorsement of health\npractitioners’ registration in relation to approved areas of practice.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"How Ministerial Council exercises functions","content":"16 How Ministerial Council exercises functions\n(1) The Ministerial Council is to give a direction or approval, or make a\nrecommendation, request or appointment, for the purposes of a\nprovision of this Law by resolution of the Council passed in\naccordance with procedures determined by the Council.\n(2) An act or thing done by the Ministerial Council (whether by\nresolution, instrument or otherwise) does not cease to have effect\nmerely because of a change in the Council’s membership.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Notification and publication of directions and approvals","content":"17 Notification and publication of directions and approvals\n(1) A copy of any direction given by the Ministerial Council to the\nNational Agency—\n(a) is to be given to the Chairperson of the Agency Board; and\n(b) must be published by the National Agency on its website as soon\nas practicable after being received by the Chairperson.\n(2) A copy of a direction or approval given by the Ministerial Council to\na National Board—\n(a) is to be given to the Chairperson of the National Board; and\n(b) if the direction is given under section 11 (3) (d), is to include\nreasons for the direction; and\n(c) must be published by the National Board on its website as soon\nas practicable after being received by the Chairperson.\n(3) A copy of a direction or approval given by the Ministerial Council to\nthe National Agency or to a National Board is to be published in the\nannual report of the National Agency.\n\n","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Australian Health Practitioner","content":"Part 4 Australian Health Practitioner\nRegulation Agency\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"National Agency","content":"23 National Agency\n(1) The Australian Health Practitioner Regulation Agency is established.\n(2) The National Agency—\n(3) The National Agency represents the State.\n(4) Schedule 3 sets out provisions relating to the National Agency.\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"General powers of National Agency","content":"24 General powers of National Agency\nThe National Agency has all the powers of an individual and, in\nparticular, may—\n(a) enter into contracts; and\n(b) acquire, hold, dispose of, and deal with, real and personal\nproperty; and\n(c) do anything necessary or convenient to be done in the exercise\nof its functions.\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Functions of National Agency","content":"25 Functions of National Agency\nThe functions of the National Agency are as follows—\n(a) to provide administrative assistance and support to the National\nBoards, and the Boards’ committees, in exercising their\nfunctions;\n\nNational Agency Division 1\n(b) in consultation with the National Boards, to develop and\nadminister procedures for the purpose of ensuring the efficient\nand effective operation of the National Boards;\n(c) to establish procedures for the development of accreditation\nstandards, registration standards and codes and guidelines\napproved by National Boards, for the purpose of ensuring the\nnational registration and accreditation scheme operates in\naccordance with good regulatory practice;\n(d) to negotiate in good faith with, and attempt to come to an\nagreement with, each National Board on the terms of a health\nprofession agreement;\n(e) to establish and administer an efficient procedure for receiving\nand dealing with applications for registration as a health\npractitioner and other matters relating to the registration of\nregistered health practitioners;\n(f) in conjunction with the National Boards, to keep up-to-date and\npublicly accessible national registers of registered health\npractitioners for each health profession;\n(g) in conjunction with the National Boards, to keep up-to-date\nnational registers of students for each health profession;\n(h) to keep an up-to-date and publicly accessible list of approved\nprograms of study for each health profession;\n(i) to establish an efficient procedure for receiving and dealing with\nnotifications against persons who are or were registered health\npractitioners and persons who are students, including by\nestablishing a national process for receiving notifications about\nregistered health practitioners in all professions;\n(j) to give advice to the Ministerial Council on issues relating to the\nnational registration and accreditation scheme;\n\n(k) if asked by the Ministerial Council, to give to the Ministerial\nCouncil the assistance or information reasonably required by the\nMinisterial Council in connection with the administration of the\nnational registration and accreditation scheme;\n(ka) to do anything else necessary or convenient for the effective and\nefficient operation of the national registration and accreditation\n(l) any other function given to the National Agency by or under this\nLaw.\n26 Health profession agreements\n(1) The National Agency must enter into an agreement (a health\nprofession agreement) with a National Board that makes provision\nfor the following—\n(a) the fees that will be payable under this Law by health\npractitioners and others in respect of a health profession for\nwhich the Board is established (including arrangements relating\nto refunds of fees, waivers of fees and additional fees for late\npayment);\n(b) the annual budget of the National Board (including the funding\narrangements for its committees and accreditation authorities);\n(c) the services to be provided to the National Board by the National\nAgency to enable the National Board to carry out its functions\n(2) If the National Agency and a National Board are unable to agree on a\nmatter relating to a health profession agreement or a proposed health\nprofession agreement, the Ministerial Council may give directions to\nthe National Agency and National Board about how the dispute is to\nbe resolved.\n\nNational Agency Division 1\n(3) Each National Board must publish on its website the fees for which\nprovision has been made in a health profession agreement between\nthe Board and the National Agency.\n","sortOrder":22},{"sectionNumber":"27","sectionType":"section","heading":"Co-operation with participating jurisdictions and","content":"27 Co-operation with participating jurisdictions and\nCommonwealth\n(1) The National Agency may exercise any of its functions in co-\noperation with or with the assistance of a participating jurisdiction or\nthe Commonwealth, including in co-operation with or with the\nassistance of any of the following—\n(a) a government agency of a participating jurisdiction or of the\nCommonwealth;\n(b) a local registration authority;\n(c) a co-regulatory authority;\n(d) a health complaints entity;\n(e) an educational body or other body established by or under a law\nof a participating jurisdiction or the Commonwealth.\n(2) In particular, the National Agency may—\n(a) ask an entity referred to in subsection (1) for information that\nthe Agency requires to exercise its functions under this Law; and\n(b) use the information to exercise its functions under this Law.\n(3) An entity referred to in subsection (1) that receives a request for\ninformation from the National Agency is authorised to give the\ninformation to the National Agency.\n","sortOrder":23},{"sectionNumber":"28","sectionType":"section","heading":"Office of National Agency","content":"28 Office of National Agency\n(1) The National Agency is to establish a national office.\n(2) The National Agency is also to establish at least one local office in\neach participating jurisdiction.\n\n","sortOrder":24},{"sectionNumber":"29","sectionType":"section","heading":"Agency Board","content":"29 Agency Board\n(1) The Australian Health Practitioner Regulation Agency Board is\nestablished.\n(2) The Agency Board is to consist of at least 5 members appointed by\nthe Ministerial Council.\n(3) Of the members—\n(a) one is to be a person appointed by the Ministerial Council as\nChairperson, being a person who—\n(i) is not a registered health practitioner; and\n(ii) has not been registered as a health practitioner under this\nLaw or a corresponding prior Act within the last 5 years;\nand\n(b) at least 2 others are to be persons who have expertise in health,\nor education and training, or both; and\n(c) at least 2 others are to be persons who are not current or former\nregistered health practitioners and who have business or\nadministrative expertise.\n(4) Schedule 2 sets out provisions relating to the Agency Board.\n","sortOrder":25},{"sectionNumber":"30","sectionType":"section","heading":"Functions of Agency Board","content":"30 Functions of Agency Board\n(1) The functions of the Agency Board are as follows—\n(a) subject to any directions of the Ministerial Council, to decide the\npolicies of the National Agency;\n(b) to ensure that the National Agency performs its functions in a\nproper, effective and efficient way;\n(c) any other function given to the Board by or under this Law.\n\nAgency Board Division 2\n(2) The affairs of the National Agency are to be controlled by the Agency\nBoard and all acts and things done in the name of, or on behalf of, the\nNational Agency by or with the authority of the Agency Board are\ntaken to have been done by the National Agency.\n\n","sortOrder":26},{"sectionNumber":"31","sectionType":"section","heading":"Regulations must provide for National Boards","content":"31 Regulations must provide for National Boards\n(1) The regulations must provide for a National Health Practitioner Board\nfor each health profession.\n(2) The regulations may—\n(a) continue an existing Board for a health profession; or\n(b) establish a Board for a health profession or for 2 or more health\nprofessions; or\n(c) dissolve a Board for a health profession (the dissolved Board) if\nanother Board is established for that health profession (the\nreplacement Board).\n(3) The regulations may provide for anything for which it is necessary or\nconvenient to make provision to allow, facilitate or provide for the\n(a) the continuation, establishment or dissolution of a Board under\nsubsection (2);\n(b) the completion of a matter started by the existing Board before\nthe commencement;\n(c) the effect of anything done by an existing Board before the\ncommencement;\n(d) the transfer of matters from a dissolved Board to a replacement\n(4) Before a regulation is made under subsection (2)(b) or (c), the\nMinisters comprising the Ministerial Council must undertake public\nconsultation on the proposed regulation.\n\nNational Boards Division 1\n(5) However, failure to comply with subsection (4) does not affect the\nvalidity of the regulation.\n(6) In this section—\nexisting Board means a National Health Practitioner Board in\nexistence immediately before the commencement.\n","sortOrder":27},{"sectionNumber":"31A","sectionType":"section","heading":"Status of National Board","content":"31A Status of National Board\n(1) A National Board—\n(2) A National Board represents the State.\n","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":"Powers of National Board","content":"32 Powers of National Board\n(1) Subject to subsection (2), a National Board has the powers necessary\nto enable it to exercise its functions.\n(2) A National Board does not have power to—\n(a) enter into contracts; or\n(b) employ staff; or\n(c) acquire, hold, dispose of, and deal with, real property.\n(3) The National Board may exercise any of its functions in co-operation\nwith or with the assistance of a participating jurisdiction or the\nCommonwealth, including in co-operation with or with the assistance\nof any of the following—\n(a) a government agency of a participating jurisdiction or of the\nCommonwealth;\n(b) a local registration authority;\n\n(c) a co-regulatory authority;\n(d) a health complaints entity;\n(e) an educational body or other body established by or under a law\nof a participating jurisdiction or the Commonwealth.\n(4) In particular, the National Board may—\n(a) ask an entity referred to in subsection (3) for information that\nthe Board requires to exercise its functions under this Law; and\n(b) use the information to exercise its functions under this Law.\n(5) An entity referred to in subsection (3) that receives a request for\ninformation from the National Board is authorised to give the\ninformation to the National Board.\n","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Membership of National Boards","content":"33 Membership of National Boards\n(1) A National Board is to consist of members appointed in writing by\nthe Ministerial Council.\n(2) Members of a National Board are to be appointed as practitioner\nmembers or community members.\n(3) Subject to this section, the Ministerial Council may decide the size\nand composition of a National Board.\n(4) At least half, but not more than two-thirds, of the members of a\nNational Board must be persons appointed as practitioner members.\n(5) The practitioner members of a National Board must consist of—\n(a) at least one member from each large participating jurisdiction;\nand\n(b) at least one member from a small participating jurisdiction; and\n(c) if the National Board is established for 2 or more health\nprofessions—at least one member of each health profession for\nwhich the Board is established.\n\nNational Boards Division 1\n(6) At least 2 of the members of a National Board must be persons\nappointed as community members.\n(7) At least one of the members of a National Board must live in a\nregional or rural area.\n(8) A person cannot be appointed as a member of a National Board if the\nperson is a member of the Agency Board.\n(9) One of the practitioner members of the National Board is to be\nappointed as Chairperson of the Board by the Ministerial Council.\n(9A) The regulations may prescribe matters relating to the composition of\npractitioner members for a National Board established for 2 or more\n(10) Schedule 4 sets out provisions relating to a National Board.\n(11) In this section—\nlarge participating jurisdiction means any of the following States\nthat is a participating jurisdiction—\n(a) New South Wales;\n(b) Queensland;\n(c) South Australia;\n(d) Victoria;\n(e) Western Australia.\nsmall participating jurisdiction means any of the following States or\nTerritories that is a participating jurisdiction—\n(a) the Australian Capital Territory;\n(b) the Northern Territory;\n(c) Tasmania.\n\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Eligibility for appointment","content":"34 Eligibility for appointment\n(1) In deciding whether to appoint a person as a member of a National\nBoard, the Ministerial Council is to have regard to the skills and\nexperience of the person that are relevant to the Board’s functions.\n(2) A person is eligible to be appointed as a practitioner member only if the\nperson is a registered health practitioner in a health profession for which\nthe Board is established.\n(3) A person is eligible to be appointed as a community member only if the\nperson is not, and has not at any time been, a health practitioner in a\nhealth profession for which the Board is established.\n(4) A person is not eligible to be appointed as a member of a National\nBoard if—\n(a) in the case of appointment as a practitioner member—the person\nhas, whether before or after the commencement of this Law, as a\nresult of the person’s misconduct, impairment or incompetence,\nceased to be registered as a health practitioner in a health profession\nfor which the Board is established; or\n(b) in any case, the person has, at any time, been found guilty of an\noffence (whether in a participating jurisdiction or elsewhere)\nthat, in the opinion of the Ministerial Council, renders the person\nunfit to hold the office of member.\n","sortOrder":31},{"sectionNumber":"35","sectionType":"section","heading":"Functions of National Boards","content":"35 Functions of National Boards\n(1) The functions of a National Board established for a health profession\nare as follows—\n(a) to register suitably qualified and competent persons in the health\nprofession and, if necessary, to impose conditions on the\nregistration of persons in the profession;\n\n(b) to decide the requirements for registration or endorsement of\nregistration in the health profession, including the arrangements\nfor supervised practice in the profession;\n(c) to develop or approve standards, codes and guidelines for the\nhealth profession, including—\n(i) the approval of accreditation standards developed and\nsubmitted to it by an accreditation authority; and\n(ii) the development of registration standards for approval by\nthe Ministerial Council; and\n(iii) the development and approval of codes and guidelines that\nprovide guidance to health practitioners registered in the\n(d) to approve accredited programs of study as providing\nqualifications for registration or endorsement in the health\n(e) to oversee the assessment of the knowledge and clinical skills of\noverseas trained applicants for registration in the health\nprofession whose qualifications are not approved qualifications\nfor the profession, and to determine the suitability of the\napplicants for registration in Australia;\n(f) to negotiate in good faith with, and attempt to come to an\nagreement with, the National Agency on the terms of a health\nprofession agreement;\n(g) to oversee the receipt, assessment and investigation of\nnotifications about persons who—\n(i) are or were registered as health practitioners in the health\nprofession under this Law or a corresponding prior Act; or\n(ii) are students in the health profession;\n\n(h) to establish panels to conduct hearings about—\n(i) health and performance and professional standards\nmatters in relation to persons who are or were registered in\nthe health profession under this Law or a corresponding\nprior Act; and\n(ii) health matters in relation to students registered by the\nBoard;\n(i) to refer matters about health practitioners who are or were\nregistered under this Law or a corresponding prior Act to\nresponsible tribunals for participating jurisdictions;\n(j) to oversee the management of health practitioners and students\nregistered in the health profession, including monitoring\nconditions, undertakings and suspensions imposed on the\nregistration of the practitioners or students;\n(k) to make recommendations to the Ministerial Council about the\noperation of specialist recognition in the health profession and\nthe approval of specialties for the profession;\n(l) in conjunction with the National Agency, to keep up-to-date and\npublicly accessible national registers of registered health\npractitioners for the health profession;\n(m) in conjunction with the National Agency, to keep an up-to-date\nnational register of students for the health profession;\n(n) at the Board’s discretion, to provide financial or other support\nfor health programs for registered health practitioners and\nstudents;\n(o) to give advice to the Ministerial Council on issues relating to the\nnational registration and accreditation scheme for the health\n\n(p) if asked by the Ministerial Council, to give to the Ministerial\nCouncil the assistance or information reasonably required by the\nMinisterial Council in connection with the national registration\nand accreditation scheme;\n(q) to do anything else necessary or convenient for the effective and\nefficient operation of the national registration and accreditation\n(r) any other function given to the Board by or under this Law.\n(2) For the purposes of subsection (1) (g)-(j), the Board’s functions do\nnot include receiving notifications and taking action referred to in\nthose paragraphs in relation to behaviour by a registered health\npractitioner or student that occurred, or is reasonably believed to have\noccurred, in a co-regulatory jurisdiction.\n","sortOrder":32},{"sectionNumber":"35A","sectionType":"section","heading":"National Board consideration of criminal history","content":"35A National Board consideration of criminal history\n(1) In making a decision under this Act that relates to an individual’s\ncriminal history, a National Board must consider—\n(a) the individual’s criminal record; and\n(b) the inherent requirements of the profession, division or\nrecognised specialty, for which the individual is seeking\n(c) whether or not there is a high degree of direct connection\nbetween the individual’s criminal record and the inherent\nrequirements of the profession, division or recognised specialty.\n(2) If guidelines have been made by the National Board for this section,\nthe board must also consider the guidelines when making the\n\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"State and Territory Boards","content":"36 State and Territory Boards\n(1) A National Board may establish a committee (a State or Territory\nBoard) for a participating jurisdiction to enable the Board to exercise\nits functions in the jurisdiction in a way that provides an effective and\ntimely local response to health practitioners and other persons in the\n(2) A State or Territory Board is to be known as the “[Name of\nparticipating jurisdiction for which it is established] Board” of the\n(3) The members of a State or Territory Board are to be appointed by the\nresponsible Minister for the participating jurisdiction.\n(a) The Pharmacy Board of Australia decides to establish a State or\nTerritory Board for New South Wales. The State or Territory Board will\nbe known as the New South Wales Board of the Pharmacy Board of\nAustralia. The members of the State or Territory Board will be\nappointed by the responsible Minister for New South Wales.\n(b) The Podiatry Board of Australia decides to establish a State or Territory\nBoard for Queensland and the Northern Territory. The State or Territory\nBoard will be known as the Queensland and Northern Territory Board\nof the Podiatry Board of Australia. The members of the State or\nTerritory Board will be appointed jointly by the responsible Ministers\nfor Queensland and the Northern Territory.\n(4) In deciding whether to appoint a person as a member of a State or\nTerritory Board, the responsible Minister is to have regard to the skills\nand experience of the person that are relevant to the Board’s\nfunctions.\n(5) At least half, but not more than two-thirds, of the members of a State\nor Territory Board must be persons appointed as practitioner\nmembers.\n\n(6) At least 2 of the members of a State or Territory Board must be\npersons appointed as community members.\nNote See section 299 which provides that subsections (5) and (6) do not apply\nto a State or Territory Board for a jurisdiction for the first 12 months after\nthe jurisdiction becomes a participating jurisdiction.\n(7) Before a responsible Minister appoints a member of a State or\nTerritory Board the vacancy to be filled is to be publicly advertised.\n(8) The National Agency may assist a responsible Minister in the process\nof appointing members of a State or Territory Board, including in the\nadvertising of vacancies.\n(9) It is not necessary to advertise a vacancy in the membership of a State\nor Territory Board before appointing a person to act in the office of a\nNote The general interpretation provisions applicable to this Law under section\n6 confer power to appoint acting members of a State or Territory Board.\n(10) This section does not limit clause 11 of Schedule 4.\nNote Clause 11 of Schedule 4 confers power for the establishment of other\ncommittees.\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Delegation of functions","content":"37 Delegation of functions\n(1) A National Board may delegate any of its functions, other than this\npower of delegation, to—\n(a) a committee; or\n(b) the National Agency; or\n(c) a member of the staff of the National Agency; or\n(d) a person engaged as a contractor by the National Agency.\n(2) The National Agency may subdelegate any function delegated to the\nNational Agency by a National Board to a member of the staff of the\nNational Agency.\n\nDivision 3 Registration standards and codes and\nguidelines\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"National board must develop registration standards","content":"38 National board must develop registration standards\n(1) A National Board must develop and recommend to the Ministerial\nCouncil one or more registration standards about the following\nmatters for a health profession for which the Board is established—\n(a) requirements for professional indemnity insurance\narrangements for registered health practitioners registered in the\n(b) matters about the criminal history of applicants for registration\nin the profession, and registered health practitioners and\nstudents registered in a health profession for which the Board is\nestablished, including, the matters to be considered in deciding\nwhether an individual’s criminal history is relevant to the\npractice of the profession;\n(c) requirements for continuing professional development for\nregistered health practitioners registered in the profession;\n(d) requirements about the English language skills necessary for an\napplicant for registration in the profession to be suitable for\nregistration in the profession;\n(e) requirements in relation to the nature, extent, period and recency\nof any previous practice of the profession by applicants for\nregistration in the profession.\n(2) Subject to subsection (3), a National Board may also develop, and\nrecommend to the Ministerial Council, one or more registration\nstandards about the following—\n(a) the physical and mental health of—\n(i) applicants for registration in the profession; and\n(ii) registered health practitioners and students;\n\nRegistration standards and codes and guidelines Division 3\n(b) the scope of practice of health practitioners registered in the\n(c) any other issue relevant to the eligibility of individuals for\nregistration in the profession or the suitability of individuals to\ncompetently and safely practise the profession.\n(3) A registration standard may not be about a matter for which an\naccreditation standard may provide.\nNote An accreditation standard for a health profession is used to assess whether\na program of study, and the education provider that provides the program\nof study, provide persons who complete the program with the knowledge,\nskills and professional attributes to practise the profession. Accreditation\nstandards are developed and approved under Division 3 of Part 6.\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Codes and guidelines","content":"39 Codes and guidelines\nA National Board may develop and approve codes and guidelines—\n(a) to provide guidance to the health practitioners it registers; and\n(b) about other matters relevant to the exercise of its functions.\n1 A National Board may develop guidelines about the advertising of regulated\nhealth services by health practitioners registered by the Board or other persons\nfor the purposes of section 133.\n2 To assist a health practitioner in providing practice information under\nsection 132, a National Board may develop guidelines about the information\nthat must be provided to the Board.\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Consultation about registration standards, codes and","content":"40 Consultation about registration standards, codes and\nguidelines\n(1) If a National Board develops a registration standard or a code or\nguideline, it must ensure there is wide-ranging consultation about its\ncontent.\n(2) A contravention of subsection (1) does not invalidate a registration\nstandard, code or guideline.\n\n(3) The following must be published on a National Board’s website—\n(a) a registration standard developed by the Board and approved by\nthe Ministerial Council;\n(b) a code or guideline approved by the National Board.\n(4) An approved registration standard or a code or guideline takes\neffect—\n(a) on the day it is published on the National Board’s website; or\n(b) if a later day is stated in the registration standard, code or\nguideline, on that day.\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Use of registration standards, codes or guidelines in","content":"41 Use of registration standards, codes or guidelines in\nAn approved registration standard for a health profession, or a code\nor guideline approved by a National Board, is admissible in\nproceedings under this Law or a law of a co-regulatory jurisdiction\nagainst a health practitioner registered in a health profession for which\nthe Board is established as evidence of what constitutes appropriate\nprofessional conduct or practice for the health profession.\n\nPreliminary Division 1\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Definition","content":"42 Definition\nIn this Part—\naccreditation function means—\n(a) developing accreditation standards for approval by a National\nBoard; or\n(b) assessing programs of study, and the education providers that\nprovide the programs of study, to determine whether the\nprograms meet approved accreditation standards; or\n(c) assessing authorities in other countries who conduct\nexaminations for registration in a health profession, or accredit\nprograms of study relevant to registration in a health profession,\nto decide whether persons who successfully complete the\nexaminations or programs of study conducted or accredited by\nthe authorities have the knowledge, clinical skills and\nprofessional attributes necessary to practise the profession in\nAustralia; or\n(d) overseeing the assessment of the knowledge, clinical skills and\nprofessional attributes of overseas qualified health practitioners\nwho are seeking registration in a health profession under this\nLaw and whose qualifications are not approved qualifications\nfor the health profession; or\n(e) making recommendations and giving advice to a National Board\nabout a matter referred to in paragraph (a), (b), (c) or (d).\n\n","sortOrder":40},{"sectionNumber":"43","sectionType":"section","heading":"Accreditation authority to be decided","content":"43 Accreditation authority to be decided\n(1) The National Board established for a health profession must decide\nwhether an accreditation function for the health profession for which\nthe Board is established is to be exercised by—\n(a) an external accreditation entity; or\n(b) a committee established by the Board.\nNote See sections 253 and 301 which provide for the performance of\naccreditation functions for a health profession by external accreditation\nauthorities appointed by the Ministerial Council for a period after the\ncommencement of this Law.\n(2) The National Agency may charge an entity the relevant fee for the\nexercise of an accreditation function by an accreditation committee.\n","sortOrder":41},{"sectionNumber":"44","sectionType":"section","heading":"National Agency may enter into contracts with external","content":"44 National Agency may enter into contracts with external\naccreditation entities\nThe National Agency may enter into a contract with an external\naccreditation entity for the performance by the entity of an\naccreditation function for a health profession only if the terms of the\ncontract are in accordance with the health profession agreement\nbetween the National Agency and the National Board established for\nthat profession.\n","sortOrder":42},{"sectionNumber":"45","sectionType":"section","heading":"Accreditation processes to be published","content":"45 Accreditation processes to be published\nEach accreditation authority must publish on its website or, if the\nauthority is an accreditation committee, the website of the National\nBoard that established the committee, how it will exercise its\naccreditation function.\n\n","sortOrder":43},{"sectionNumber":"46","sectionType":"section","heading":"Development of accreditation standards","content":"46 Development of accreditation standards\n(1) An accreditation standard for a health profession may be developed\nby—\n(a) an external accreditation entity for the health profession; or\n(b) an accreditation committee established by the National Board\nestablished for the health profession.\n(2) In developing an accreditation standard for a health profession, an\naccreditation authority must undertake wide-ranging consultation\nabout the content of the standard.\n","sortOrder":44},{"sectionNumber":"47","sectionType":"section","heading":"Approval of accreditation standards","content":"47 Approval of accreditation standards\n(1) An accreditation authority must, as soon as practicable after\ndeveloping an accreditation standard for a health profession, submit\nit to the National Board established for the health profession.\n(2) As soon as practicable after a National Board receives an\naccreditation standard under subsection (1), the Board must decide\nto—\n(a) approve the accreditation standard; or\n(b) refuse to approve the accreditation standard; or\n(c) ask the accreditation authority to review the standard.\n(3) If the National Board decides to approve the accreditation standard it\nmust give written notice of the approval to—\n(a) the National Agency; and\n(b) the accreditation authority that submitted the standard to the\n\n(4) If the National Board decides to refuse to approve the accreditation\nstandard—\n(a) it must give written notice of the refusal, including the reasons\nfor the refusal, to the accreditation authority that submitted the\nstandard; and\n(b) the accreditation authority is entitled to publish any information\nor advice it gave the Board about the standard.\n(5) If the National Board decides to ask the accreditation authority to\nreview the standard it must give the authority a written notice that—\n(a) states that the authority is being asked to review the standard;\nand\n(b) identifies the matters the authority is to address before again\nsubmitting the standard to the Board.\n(6) An accreditation standard approved by a National Board must be\npublished on its website.\n(7) An accreditation standard takes effect—\n(a) on the day it is published on the National Board’s website; or\n(b) if a later day is stated in the standard, on that day.\n","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"Accreditation of programs of study","content":"48 Accreditation of programs of study\n(1) An accreditation authority for a health profession may accredit a\nprogram of study if, after assessing the program, the authority is\nreasonably satisfied—\n(a) the program of study, and the education provider that provides\nthe program of study, meet an approved accreditation standard\nfor the profession; or\n\n(b) the program of study, and the education provider that provides\nthe program of study, substantially meet an approved\naccreditation standard for the profession and the imposition of\nconditions on the approval will ensure the program meets the\nstandard within a reasonable time.\n(2) If the accreditation authority decides to accredit a program of study,\nwith or without conditions, it must give to the National Board\nestablished for the health profession a report about the authority’s\naccreditation of the program.\n(3) If the accreditation authority decides to refuse to accredit a program\nof study it must give written notice of the decision to the education\nprovider that provides the program of study.\n(4) The notice must state—\n(b) that, within 30 days after receiving the notice, the education\nprovider may apply to the accreditation authority for an internal\nreview of the decision; and\n(c) how the education provider may apply for the review.\n(5) An education provider given a notice under subsection (3) may apply,\nas stated in the notice, for an internal review of the accreditation\nauthority’s decision to refuse to accredit the program of study.\n(6) The internal review must not be carried out by a person who assessed\nthe program of study for the accreditation authority.\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Approval of accredited programs of study","content":"49 Approval of accredited programs of study\n(1) If a National Board is given a report by an accreditation authority\nabout the authority’s accreditation of a program of study, the Board\nmay approve, or refuse to approve, the accredited program of study\nas providing a qualification for the purposes of registration in a health\nprofession for which the Board is established.\n\n(2) An approval under subsection (1) may be granted subject to the\nconditions the National Board considers necessary or desirable in the\n(3) If the National Board decides to approve the accredited program of\nstudy it must give written notice of the approval to—\n(a) the National Agency for inclusion of the program of study in the\nlist under subsection (5); and\n(b) the accreditation authority that submitted the program to the\n(4) If the National Board decides to refuse to approve the accredited\nprogram of study—\n(a) it must give written notice of the refusal, including the reasons\nfor the refusal, to the accreditation authority that submitted the\nprogram; and\n(b) the accreditation authority is entitled to publish any information\nor advice it gave the Board about the program.\n(5) A list of the programs of study approved by a National Board as\nproviding a qualification for registration in a health profession for\nwhich the Board is established must be published on the National\nAgency’s website.\n(6) The list of approved programs of study published under subsection\n(5) must include, for each program of study, the name of the\nuniversity, specialist medical or other college or other education\nprovider that provides the approved program of study.\n(7) An approval under subsection (1) does not take effect until the\nprogram of study is included in the list published under\nsubsection (5).\n\n","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"Accreditation authority to monitor approved programs of","content":"50 Accreditation authority to monitor approved programs of\nstudy\n(1) The accreditation authority that accredited an approved program of\nstudy must monitor the program and the education provider that\nprovides the program to ensure the authority continues to be satisfied\nthe program and provider meet an approved accreditation standard for\nthe health profession.\n(2) If the accreditation authority reasonably believes the program of\nstudy and education provider no longer meet an approved\naccreditation standard for the health profession, the accreditation\nauthority must—\n(a) decide to—\n(i) impose the conditions on the accreditation that the\naccreditation authority considers necessary to ensure the\nprogram of study will meet the standard within a\nreasonable time; or\n(ii) revoke the accreditation of the program of study; and\n(b) give the National Board that approved the accredited program\nof study written notice of the accreditation authority’s decision.\n","sortOrder":48},{"sectionNumber":"51","sectionType":"section","heading":"Changes to approval of program of study","content":"51 Changes to approval of program of study\n(1) If a National Board is given notice under section 50 (2) (b) that an\naccreditation authority has revoked the accreditation of a program of\nstudy approved by the Board, the Board’s approval of the program is\ntaken to have been cancelled at the same time the accreditation was\nrevoked.\n\n(2) If a National Board reasonably believes, because of a notice given to\nthe Board under section 50 (2) (b) or for any other reason, that an\naccredited program of study approved by the Board no longer\nprovides a qualification for the purposes of registration in a health\nprofession for which the Board is established, the Board may decide\nto—\n(a) impose the conditions the Board considers necessary or\ndesirable on the approval of the accredited program of study to\nensure the program provides a qualification for the purposes of\n(b) cancel its approval of the accredited program of study.\n(3) If a National Board makes a decision under subsection (2), it must\ngive written notice of the decision, including the reasons for the\ndecision, to the accreditation authority that accredited the program.\n\nGeneral registration Division 1\n","sortOrder":49},{"sectionNumber":"Part 7","sectionType":"part","heading":"Registration of health","content":"Part 7 Registration of health\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"Eligibility for general registration","content":"52 Eligibility for general registration\n(1) An individual is eligible for general registration in a health profession\nif—\n(a) the individual is qualified for general registration in the health\n(b) the individual has successfully completed—\n(i) any period of supervised practice in the health profession\nrequired by an approved registration standard for the health\n(ii) any examination or assessment required by an approved\nregistration standard for the health profession to assess the\nindividual’s ability to competently and safely practise the\n(c) the individual is a suitable person to hold general registration in\nthe health profession; and\nregistered, in the health profession; and\n\nthe health profession may decide the individual is eligible for general\nregistration in the profession by doing either or both of the\n","sortOrder":51},{"sectionNumber":"53","sectionType":"section","heading":"Qualifications for general registration","content":"53 Qualifications for general registration\nAn individual is qualified for general registration in a health\n(a) the individual holds an approved qualification for the health\n(b) the individual holds a qualification the National Board\nestablished for the health profession considers to be\nsubstantially equivalent, or based on similar competencies, to an\napproved qualification; or\n(c) the individual holds a qualification, not referred to in paragraph\n(a) or (b), relevant to the health profession and has successfully\ncompleted an examination or other assessment required by the\nNational Board for the purpose of general registration in the\nhealth profession; or\n(d) the individual—\n(i) holds a qualification, not referred to in paragraph (a) or (b),\nthat under this Law or a corresponding prior Act qualified\nthe individual for general registration (however described)\nin the health profession; and\n(ii) was previously registered under this Law or the\ncorresponding prior Act on the basis of holding that\nqualification.\n\nGeneral registration Division 1\n","sortOrder":52},{"sectionNumber":"54","sectionType":"section","heading":"Examination or assessment for general registration","content":"54 Examination or assessment for general registration\nFor the purposes of section 52 (1) (b) (ii), if a National Board requires\nan individual to undertake an examination or assessment, the\nexamination or assessment must be conducted by an accreditation\nauthority for the health profession, unless the Board decides\notherwise.\n","sortOrder":53},{"sectionNumber":"55","sectionType":"section","heading":"Unsuitability to hold general registration","content":"55 Unsuitability to hold general registration\n(1) A National Board may decide an individual is not a suitable person to\nhold general registration in a health profession if—\n(a) in the Board’s opinion, the individual has an impairment that\nwould detrimentally affect the individual’s capacity to practise\nthe profession to such an extent that it would or may place the\nsafety of the public at risk; or\n(b) having regard to the individual’s criminal history to the extent\nthat is relevant to the individual’s practice of the profession, the\nindividual is not, in the Board’s opinion, an appropriate person\nto practise the profession or it is not in the public interest for the\nindividual to practise the profession; or\n(c) the individual has previously been registered under a relevant\nlaw and during the period of that registration proceedings under\nPart 8, or proceedings that substantially correspond to\nproceedings under Part 8, were started against the individual but\nnot finalised; or\n(d) in the Board’s opinion, the individual’s competency in speaking\nor otherwise communicating in English is not sufficient for the\nindividual to practise the profession; or\n\n(e) the individual’s registration (however described) in the health\nprofession in a jurisdiction that is not a participating jurisdiction,\nwhether in Australia or elsewhere, is currently suspended or\ncancelled on a ground for which an adjudication body could\nsuspend or cancel a health practitioner’s registration in\nAustralia; or\n(f) the nature, extent, period and recency of any previous practice\nof the profession is not sufficient to meet the requirements\nspecified in an approved registration standard relevant to general\nregistration in the profession; or\n(g) the individual fails to meet any other requirement in an approved\nregistration standard for the profession about the suitability of\nindividuals to be registered in the profession or to competently\nand safely practise the profession; or\n(h) in the Board’s opinion, the individual is for any other reason—\n(i) not a fit and proper person for general registration in the\n(ii) unable to practise the profession competently and safely.\nrelevant law means—\n(a) this Law or a corresponding prior Act; or\n(b) the law of another jurisdiction, whether in Australia or\nelsewhere.\n","sortOrder":54},{"sectionNumber":"56","sectionType":"section","heading":"Period of general registration","content":"56 Period of general registration\ngranted general registration in a health profession is the period (the\nregistration period), not more than 12 months, decided by the\n\nSpecialist registration Division 2\n","sortOrder":55},{"sectionNumber":"57","sectionType":"section","heading":"Eligibility for specialist registration","content":"57 Eligibility for specialist registration\n(1) An individual is eligible for specialist registration in a recognised\nspecialty in a health profession if—\n(a) the individual is qualified for registration in the specialty; and\n(b) the individual has successfully completed—\n(i) any period of supervised practice in the specialty required\nby an approved registration standard for the health\n(ii) any examination or assessment required by an approved\nregistration standard for the health profession to assess the\nindividual’s ability to competently and safely practise the\nspecialty; and\n(c) the individual is a suitable person to hold registration in the\nhealth profession; and\nregistered, in the specialty; and\nstated in an approved registration standard for the specialty.\n\n(2) Without limiting subsection (1), the National Board may decide the\nindividual is eligible for registration in the recognised specialty by\ndoing either or both of the following—\n","sortOrder":56},{"sectionNumber":"58","sectionType":"section","heading":"Qualifications for specialist registration","content":"58 Qualifications for specialist registration\nAn individual is qualified for specialist registration in a recognised\nspecialty in a health profession if the individual—\n(a) holds an approved qualification for the specialty; or\n(b) holds another qualification the National Board established for\nthe health profession considers to be substantially equivalent, or\nbased on similar competencies, to an approved qualification for\nthe specialty; or\n(c) holds a qualification, not referred to in paragraph (a) or (b),\nrelevant to the specialty and has successfully completed an\nexamination or other assessment required by the National Board\nfor the purpose of registration in the specialty; or\n(d) the individual—\n(i) holds a qualification, not referred to in paragraph (a) or (b),\nthat under this Law or a corresponding prior Act qualified\nthe individual for specialist registration (however\ndescribed) in the specialty; and\n(ii) was previously registered under this Law or the\ncorresponding prior Act on the basis of holding that\nqualification for the specialty.\n\nSpecialist registration Division 2\n","sortOrder":57},{"sectionNumber":"59","sectionType":"section","heading":"Examination or assessment for specialist registration","content":"59 Examination or assessment for specialist registration\nFor the purposes of section 57 (1) (b) (ii), if the National Board\nrequires an individual to undertake an examination or assessment, the\nexamination or assessment must be conducted by an accreditation\nauthority for the health profession, unless the Board decides\notherwise.\n","sortOrder":58},{"sectionNumber":"60","sectionType":"section","heading":"Unsuitability to hold specialist registration","content":"60 Unsuitability to hold specialist registration\n(1) Section 55 applies to the making of a decision by a National Board\nthat an individual is not a suitable person to hold specialist\nregistration in a recognised specialty.\n(2) For the purposes of subsection (1), a reference in section 55 to—\n(a) general registration in the health profession is taken to be a\nreference to specialist registration in a recognised specialty; and\n(b) the health profession is taken to be a reference to the recognised\nspecialty.\n","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Period of specialist registration","content":"61 Period of specialist registration\ngranted specialist registration in a recognised specialty in a health\nprofession is the period (the registration period), not more than 12\nmonths, decided by the National Board established for the profession\nand published on the Board’s website.\n(2) If the National Board decides to register a health practitioner in a\nrecognised specialty for the health profession during a registration\nperiod, the specialist registration—\n\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Eligibility for provisional registration","content":"62 Eligibility for provisional registration\n(1) An individual is eligible for provisional registration in a health\nprofession, to enable the individual to complete a period of supervised\npractice that the individual requires to be eligible for general\nregistration in the health profession, if—\n(a) the individual is qualified for general registration in the\n(b) the individual is a suitable person to hold provisional\nregistration in the profession; and\n(c) the individual is not disqualified under this Law or a law of a co-\nregulatory jurisdiction from applying for, or being registered in,\n(d) the individual meets any other requirements for registration\nthe health profession may decide the individual is eligible for\nprovisional registration in the health profession by doing either or\nboth of the following—\n","sortOrder":61},{"sectionNumber":"63","sectionType":"section","heading":"Unsuitability to hold provisional registration","content":"63 Unsuitability to hold provisional registration\n(1) Section 55 applies to a decision by a National Board that an individual\nis not a suitable person to hold provisional registration in a health\n\nProvisional registration Division 3\n(2) For the purposes of subsection (1), a reference in section 55 to general\nregistration in the health profession is taken to be a reference to\nprovisional registration in the health profession.\n","sortOrder":62},{"sectionNumber":"64","sectionType":"section","heading":"Period of provisional registration","content":"64 Period of provisional registration\n(1) The period of registration (the registration period) that is to apply to\na health practitioner granted provisional registration in a health\nprofession is—\n(a) the period decided by the National Board established for the\nprofession, but not more than 12 months, and published on the\nBoard’s website; or\n(b) the longer period prescribed by a regulation.\n(3) Provisional registration may not be renewed more than twice.\nNote If an individual were not able to complete the supervised practice the\nindividual requires for general registration in a health profession during\nthe period consisting of the individual’s initial period of registration and\n2 renewals of that registration, the individual would need to make a new\napplication for provisional registration in the profession.\n\n","sortOrder":63},{"sectionNumber":"65","sectionType":"section","heading":"Eligibility for limited registration","content":"65 Eligibility for limited registration\n(1) An individual is eligible for limited registration in a health profession\nif—\n(a) the individual is not qualified for general registration in the\nprofession or specialist registration in a recognised speciality in\n(b) the individual is qualified under this Division for limited\n(c) the individual is a suitable person to hold limited registration in\nregistered, in the health profession; and\n(1A) Subsection (1B) applies if—\n(a) an individual is registered in a health profession for which\ndivisions are included in the National Register kept for the\n(b) the individual holds general or limited registration in a division.\n(1B) Despite subsection (1) (a) and (b), the individual is eligible for limited\nregistration in another division of the profession if the individual—\n(a) is not qualified for general registration under the other division;\nand\n(b) is qualified under this Division for limited registration under the\nother division.\n\nLimited registration Division 4\nthe health profession may decide the individual is eligible for limited\nregistration in the profession by doing either or both of the\n","sortOrder":64},{"sectionNumber":"66","sectionType":"section","heading":"Limited registration for postgraduate training or","content":"66 Limited registration for postgraduate training or\nsupervised practice\nindividual to undertake a period of postgraduate training or\nsupervised practice in a health profession, or to undertake assessment\nor sit an examination, approved by the National Board established for\nthe profession.\nthe National Board is satisfied the individual has completed a\nqualification that is relevant to, and suitable for, the postgraduate\ntraining, supervised practice, assessment or examination.\n","sortOrder":65},{"sectionNumber":"67","sectionType":"section","heading":"Limited registration for area of need","content":"67 Limited registration for area of need\nindividual to practise a health profession in an area of need decided\nby the responsible Minister under subsection (5).\nthe National Board is satisfied the individual’s qualifications and\nexperience are relevant to, and suitable for, the practice of the\nprofession in the area of need.\n(3) The National Board must consider the application but is not required\nto register the individual merely because there is an area of need.\n(4) If the National Board grants the individual limited registration to\nenable the individual to practise the profession in the area of need, the\n\nindividual must not practise the profession other than in the area of\nneed specified in the individual’s certificate of registration.\n(5) A responsible Minister for a participating jurisdiction may decide\nthere is an area of need for health services in the jurisdiction, or part\nof the jurisdiction, if the Minister considers there are insufficient\nhealth practitioners practising in a particular health profession in the\njurisdiction or the part of the jurisdiction to provide services that meet\nthe needs of people living in the jurisdiction or the part of the\n(6) If a responsible Minister decides there is an area of need under\nsubsection (5), the responsible Minister must give the National Board\nestablished for the health profession written notice of the decision.\n(7) A responsible Minister may delegate the Minister’s power under this\nsection to an appropriately qualified person.\n(8) In this section—\nappropriately qualified means having the qualifications, experience\nor standing appropriate to the exercise of the power.\nhealth services means the provision of services by health\npractitioners in a particular health profession.\n","sortOrder":66},{"sectionNumber":"68","sectionType":"section","heading":"Limited registration in public interest","content":"68 Limited registration in public interest\nindividual to practise a health profession for a limited time, or for a\nlimited scope, in the public interest.\nthe National Board established for the health profession is satisfied it\nis in the public interest for an individual with the individual’s\nqualifications and experience to practise the profession for that time\nor scope.\n\nLimited registration Division 4\n","sortOrder":67},{"sectionNumber":"69","sectionType":"section","heading":"Limited registration for teaching or research","content":"69 Limited registration for teaching or research\n(1) An individual may apply for limited registration in a health profession\nto enable the individual to fill a teaching or research position.\nthe National Board established for the health profession is satisfied\nthe individual’s qualifications are relevant to, and suitable for, the\nposition.\n","sortOrder":68},{"sectionNumber":"70","sectionType":"section","heading":"Unsuitability to hold limited registration","content":"70 Unsuitability to hold limited registration\n(1) Section 55 applies to a decision by a National Board that an individual\nis not a suitable person to hold limited registration in a health\n(2) For the purposes of subsection (1), a reference in section 55 to general\nregistration in the health profession is taken to be a reference to\nlimited registration in the health profession.\n","sortOrder":69},{"sectionNumber":"71","sectionType":"section","heading":"Limited registration not to be held for more than one","content":"71 Limited registration not to be held for more than one\npurpose\n(1) Subsection (2) applies to a health profession for which a division is\nnot included in the National Register kept for the profession.\n(2) An individual registered in the health profession may not hold limited\nregistration in the same health profession for more than one purpose\nunder this Division at the same time.\n(3) Subsection (4) applies to a health profession for which divisions are\nincluded in the National Register kept for the profession.\n(4) An individual registered in the health profession may not hold limited\nregistration in the same division of the profession for more than one\npurpose under this Division at the same time.\n\n","sortOrder":70},{"sectionNumber":"72","sectionType":"section","heading":"Period of limited registration","content":"72 Period of limited registration\ngranted limited registration in a health profession is the period (the\nregistration period), not more than 12 months, decided by the\n(3) Limited registration may not be renewed more than 3 times.\nNote If an individual had been granted limited registration in a health\nprofession for a purpose under this Division, had subsequently renewed\nthe registration in the profession for that purpose 3 times and at the end\nof the period wished to continue holding limited registration in the\nprofession for that purpose, the individual would need to make a new\napplication for limited registration in the profession for that purpose.\n","sortOrder":71},{"sectionNumber":"73","sectionType":"section","heading":"Eligibility for non-practising registration","content":"73 Eligibility for non-practising registration\nAn individual is eligible for non-practising registration in a health\n(a) the individual—\n(i) holds or has held general registration in the health\n\nNon-practising registration Division 5\n(ii) holds or has held specialist registration in a recognised\nspeciality in the health profession under this Law; or\n(iii) held registration in the health profession under a\ncorresponding prior Act that was equivalent to general\nregistration or specialist registration in the health\nprofession under this Law;\n(b) the individual is a suitable person to hold non-practising\nregistration in the profession.\n","sortOrder":72},{"sectionNumber":"74","sectionType":"section","heading":"Unsuitability to hold non-practising registration","content":"74 Unsuitability to hold non-practising registration\nA National Board may decide an individual is not a suitable person to\nhold non-practising registration in a health profession if—\n(a) having regard to the individual’s criminal history to the extent\nthat is relevant to the individual’s practise of the profession, the\nindividual is not, in the Board’s opinion, an appropriate person\nto hold registration in the profession or it is not in the public\ninterest for the individual to hold registration in the profession;\nor\n(aa) the person’s registration has been withdrawn by a National\nBoard under section 85A; or\n(b) in the Board’s opinion, the individual is for any other reason not\na fit and proper person to hold non-practising registration in the\n","sortOrder":73},{"sectionNumber":"75","sectionType":"section","heading":"Registered health practitioner who holds non-practising","content":"75 Registered health practitioner who holds non-practising\nregistration must not practise the profession\n(1) A registered health practitioner who holds non-practising registration\nin a health profession must not practise the profession.\n\n","sortOrder":74},{"sectionNumber":"76","sectionType":"section","heading":"Period of non-practising registration","content":"76 Period of non-practising registration\ngranted non-practising registration in a health profession is the period\n(the registration period), not more than 12 months, decided by the\n","sortOrder":75},{"sectionNumber":"77","sectionType":"section","heading":"Application for registration","content":"77 Application for registration\n(1) An individual may apply to a National Board for registration in a\nhealth profession for which the Board is established.\n(2) An application must—\n(c) be accompanied by proof of the applicant’s identity; and\n(d) be accompanied by any other information reasonably required\n\n(3) Without limiting subsection (2) (a), a form approved by a National\nBoard for the purposes of that subsection must require an applicant—\n(a) to provide a declaration about—\n(i) the address at which the applicant will predominantly\npractise the profession; or\n(ii) if the applicant will not be practising the profession or will\nnot predominantly practise the profession at one address,\nthe address that is the applicant’s principal place of\nresidence; and\n(b) to provide an address to be used by the Board in corresponding\nwith the applicant; and\n(c) to disclose the applicant’s criminal history; and\n(d) to authorise the Board to obtain the applicant’s criminal history.\nNote See the definition of criminal history which applies to offences in\nparticipating jurisdictions and elsewhere, including outside Australia.\n(4) A criminal history law does not apply to the requirement under\nsubsection (3) (c) for the applicant to disclose the applicant’s criminal\nhistory.\n(5) Information in the application must, if the approved form requires, be\nverified by a statutory declaration.\n","sortOrder":76},{"sectionNumber":"78","sectionType":"section","heading":"Power to check applicant’s proof of identity","content":"78 Power to check applicant’s proof of identity\n(1) If an applicant for registration gives a National Board a document as\nevidence of the applicant’s identity under this section, the Board may,\nby written notice, ask the entity that issued the document—\n(a) to confirm the validity of the document; or\n(b) to give the Board other information relevant to the applicant’s\nidentity.\n\n(2) An entity given a notice under subsection (1) is authorised to give the\nNational Board the information requested in the notice.\n","sortOrder":77},{"sectionNumber":"79","sectionType":"section","heading":"Power to check applicant’s criminal history","content":"79 Power to check applicant’s criminal history\n(1) Before deciding an application for registration, a National Board must\ncheck the applicant’s criminal history.\n(2) For the purposes of checking an applicant’s criminal history, a\nNational Board may obtain a written report about the criminal history\nof the applicant from any of the following—\n(a) ACC;\n(b) a police commissioner;\n(c) an entity in a jurisdiction outside Australia that has access to\nrecords about the criminal history of persons in that jurisdiction.\n(3) A criminal history law does not apply to a report about an applicant’s\ncriminal history under subsection (2).\n","sortOrder":78},{"sectionNumber":"80","sectionType":"section","heading":"Boards’ other powers before deciding application for","content":"80 Boards’ other powers before deciding application for\nregistration\n(1) Before deciding an application for registration, a National Board\nmay—\n(a) investigate the applicant, including, for example, by asking an\nentity—\n(i) to give the Board information about the applicant; or\n\n(ii) to verify information or a document that relates to the\napplicant;\nIf the applicant is or has been registered by another registration authority, the\nNational Board may ask the registration authority for information about the\napplicant’s registration status.\nThe National Board may ask an entity that issued qualifications that the\napplicant believes qualifies the applicant for registration for confirmation that\nthe qualification was issued to the applicant.\n(b) by written notice given to the applicant, require the applicant to\ngive the Board, within a reasonable time stated in the notice,\nfurther information or a document the Board reasonably requires\nto decide the application; and\n(c) by written notice given to the applicant, require the applicant to\nattend before the Board, within a reasonable time stated in the\nnotice and at a reasonable place, to answer any questions of the\nBoard relating to the application; and\n(d) by written notice given to the applicant, require the applicant to\nundergo an examination or assessment, within a reasonable time\nstated in the notice and at a reasonable place, to assess the\napplicant’s ability to practise the health profession in which\nregistration is sought; and\n(e) by written notice given to the applicant, require the applicant to\nundergo a health assessment, within a reasonable time stated in\nthe notice and at a reasonable place.\n(2) The National Board may require the information or document\nreferred to in subsection (1) (b) to be verified by a statutory\ndeclaration.\n\n(3) If the National Board requires an applicant to undertake an\nexamination or assessment under subsection (1) (d) to assess the\napplicant’s ability to practise the health profession—\n(a) the examination or assessment must be conducted by an\naccreditation authority for the health profession, unless the\nBoard decides otherwise; and\n(b) the National Agency may require the applicant to pay the\nrelevant fee.\n(4) A notice under subsection (1) (d) or (e) must state—\n(a) the reason for the examination or assessment; and\n(b) the name and qualifications of the person appointed by the\nNational Board to conduct the examination or assessment; and\n(c) the place where, and the day and time at which, the examination\nor assessment is to be conducted.\n(5) The applicant is taken to have withdrawn the application if, within the\nstated time, the applicant does not comply with a requirement under\nsubsection (1).\n","sortOrder":79},{"sectionNumber":"81","sectionType":"section","heading":"Applicant may make submissions about proposed refusal","content":"81 Applicant may make submissions about proposed refusal\nof application or imposition of condition\n(1) If, after considering an application for registration, a National Board\nis proposing to refuse to register the applicant or to register the\napplicant subject to a condition, the Board must give the applicant\nwritten notice of the proposal.\n\n","sortOrder":80},{"sectionNumber":"82","sectionType":"section","heading":"Decision about application","content":"82 Decision about application\n(1) After considering an application for registration and any submissions\nmade in accordance with a notice under section 81, a National Board\nestablished for a health profession must—\n(a) decide to grant the applicant the type of registration in the health\nprofession applied for if the applicant is eligible for that type of\nregistration under a relevant section; or\n(b) decide to grant the applicant a type of registration in the health\nprofession, other than the type of registration applied for, for\nwhich the applicant is eligible under a relevant section; or\n(c) decide to refuse to grant the applicant registration in the health\n(i) the applicant is ineligible for registration in the profession\nunder a relevant section because the applicant—\n(A) is not qualified for registration; or\n(B) has not completed a period of supervised practice in\nthe health profession, or an examination or\nassessment required by the Board to assess the\nindividual’s ability to practise the profession; or\n(C) is not a suitable person to hold registration; or\n(D) is disqualified under this Law from applying for\nregistration, or being registered, in the health\n(E) does not meet a requirement for registration stated in\nan approved registration standard for the profession;\nor\n(ii) it would be improper to register the applicant because the\napplicant or someone else gave the National Board\ninformation or a document in relation to the application\nthat was false or misleading in a material particular.\n\nrelevant section means section 52, 57, 62, 65 or 73.\n","sortOrder":81},{"sectionNumber":"83","sectionType":"section","heading":"Conditions of registration","content":"83 Conditions of registration\n(1) If a National Board decides to register a person in a health profession\nfor which the Board is established, the registration is subject to any\ncondition the Board considers necessary or desirable in the\nthe practitioner’s registration does not constitute an offence but may\nconstitute behaviour for which health, conduct or performance action\nmay be taken.\n(2) If the National Board decides to register the person subject to a\ncondition referred to in subsection (1), the Board must decide a\n","sortOrder":82},{"sectionNumber":"83A","sectionType":"section","heading":"Undertakings at registration","content":"83A Undertakings at registration\nIf a National Board decides to register a person in a health profession\nfor which the Board is established, the Board may accept any\nundertaking from the person the Board considers necessary or\ndesirable in the circumstances.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Notice to be given to applicant","content":"84 Notice to be given to applicant\n(1) Within 30 days after making the decision under section 82, the\nNational Board must—\n(a) give the applicant written notice of the Board’s decision; and\n(b) if the Board decides to register the applicant, give the applicant\na certificate of registration.\n\nWithdrawal of registration Division 6A\n(2) If the Board decides not to register the applicant, or decides to register\nthe applicant in a type of registration other than the registration\napplied for or subject to a condition, the notice under subsection (1)\n(a) must state—\n(b) that the applicant may appeal against the decision; and\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Failure to decide application","content":"85 Failure to decide application\nIf a National Board fails to decide an application for registration\nwithin 90 days after its receipt, or the longer period agreed between\nthe Board and the applicant, the failure by the Board to make a\ndecision is taken to be a decision to refuse to register the applicant.\n","sortOrder":85},{"sectionNumber":"85A","sectionType":"section","heading":"Power to withdraw registration","content":"85A Power to withdraw registration\nA National Board may withdraw the registration of a registered health\nestablished if the Board reasonably believes the practitioner’s\nregistration was improperly obtained because the practitioner or\nsomeone else gave the Board information or a document that was\nfalse or misleading in a material particular.\n","sortOrder":86},{"sectionNumber":"85B","sectionType":"section","heading":"Registered health practitioner may make submissions","content":"85B Registered health practitioner may make submissions\nabout proposed withdrawal of registration\n(1) If a National Board is proposing to withdraw a registered health\npractitioner’s registration under section 85A, the Board must give the\npractitioner written notice of the proposal.\n\n(b) invite the registered health practitioner to make a written or\nverbal submission to the National Board, within the reasonable\ntime stated in the notice, about the proposal.\n(3) This section does not prevent a National Board from taking\nimmediate action under Division 7 of Part 8 in relation to the\n","sortOrder":87},{"sectionNumber":"85C","sectionType":"section","heading":"Decision about withdrawal of registration","content":"85C Decision about withdrawal of registration\nAfter considering any submissions made in accordance with a notice\nunder section 85B, the National Board must—\n(a) decide—\n(i) the registration was not improperly obtained on the ground\nthe registered health practitioner or someone else gave the\nBoard information or a document that was false or\nmisleading in a material particular; and\n(ii) no further action is to be taken; or\n(b) decide the registration was improperly obtained because the\npractitioner or someone else gave the Board information or a\ndocument that was false or misleading in a material particular\nand do one or more of the following—\n(i) withdraw the practitioner’s registration;\n(ii) refer the matter to a responsible tribunal;\n(iii) take other appropriate action under Part 8.\n","sortOrder":88},{"sectionNumber":"85D","sectionType":"section","heading":"Notice to be given to registered health practitioner","content":"85D Notice to be given to registered health practitioner\n(1) The National Board must give the registered health practitioner\nwritten notice of the Board’s decision under section 85C as soon as\npracticable, but no later than 30 days after making the decision.\n\n(2) If the National Board decides to withdraw the registered health\npractitioner’s registration, the notice must state—\n(b) that the practitioner may appeal against the decision; and\n(c) how the application for appeal may be made and the period\nNote If, under section 85C (b) (ii) or (iii), the National Board decides to refer\nthe matter to a responsible tribunal or take other appropriate action under\nPart 8, notice of the referral or other action will be given to the registered\nhealth practitioner under the relevant provision of Part 8.\n","sortOrder":89},{"sectionNumber":"85E","sectionType":"section","heading":"When decision takes effect","content":"85E When decision takes effect\nThe decision by the National Board to withdraw a person’s\nregistration takes effect on—\n(a) the day notice of the Board’s decision is given to the person; or\n","sortOrder":90},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Persons undertaking approved programs","content":"Subdivision 1 Persons undertaking approved programs\nof study\n","sortOrder":91},{"sectionNumber":"86","sectionType":"section","heading":"Definitions","content":"86 Definitions\nIn this Subdivision—\napproved program of study, for a health profession, does not include\nan approved program of study that provides a qualification for\nendorsement of registration in the profession but does not qualify a\nperson for registration in the profession.\nparticulars means particulars required to be included in the student\nregister.\n\n","sortOrder":92},{"sectionNumber":"87","sectionType":"section","heading":"National Board must register persons undertaking","content":"87 National Board must register persons undertaking\napproved program of study\n(1) The National Board established for a health profession must decide\nwhether persons who are undertaking an approved program of study\nfor the health profession must be registered—\n(a) for the entire period during which the persons are enrolled in the\napproved program of study; or\n(b) for the period starting when the persons begin a particular part\nof the approved program of study and ending when the persons\ncomplete, or otherwise cease to be enrolled in, the program.\n(2) In deciding whether to register persons undertaking an approved\nprogram of study for the entire period of the program of study or only\npart of the period, the National Board must have regard to—\n(a) the likelihood that persons undertaking the approved program of\nstudy will, in the course of undertaking the program, have\ncontact with members of the public; and\n(b) if it is likely that the persons undertaking the approved program\nof study will have contact with members of the public—\n(i) when in the approved program of study it is likely the\npersons will have contact with members of the public; and\n(ii) the potential risk that contact may pose to members of the\npublic.\n\n","sortOrder":93},{"sectionNumber":"88","sectionType":"section","heading":"National Board may ask education provider for list of","content":"88 National Board may ask education provider for list of\npersons undertaking approved program of study\n(1) For the purposes of registering persons as required by section 87, a\nNational Board may, at any time by written notice given to an\neducation provider, ask the provider for the following—\n(a) the particulars of all persons who are undertaking an approved\nprogram of study for a health profession for which the Board is\nestablished;\n(b) the particulars of all persons who will be undertaking the part of\nthe approved program of study specified in the notice.\n(2) An education provider given a notice under subsection (1) must not\nfail, without reasonable excuse, to comply with the notice.\n(3) A contravention of subsection (2) does not constitute an offence.\n(4) However, if an education provider does not comply with a notice\nunder subsection (1)—\n(a) the National Board that gave the education provider the notice\nmust publish details of the failure to comply with the notice on\nthe Board’s website; and\nNational Board, include a statement about the failure to comply\nwith the notice in the Agency’s annual report.\n","sortOrder":94},{"sectionNumber":"89","sectionType":"section","heading":"Registration of students","content":"89 Registration of students\n(1) On receipt of the particulars of persons undertaking an approved\nprogram of study, or part of an approved program of study, under\nsection 88—\n(a) the National Board may register the persons as students in the\nhealth profession by entering the persons’ particulars in the\nstudent register kept by the Board; or\n\n(b) the National Board may—\n(i) by written notice given to each person, require the person\nto complete an application for registration as a student in\nthe form approved by the National Board; and\n(ii) on receipt of the person’s application form, register the\nperson as a student in the health profession by entering the\nperson’s particulars in the student register kept by the\n(2) The National Board must not register a person as a student if the\nperson is undertaking an approved program of study for a health\nprofession in which the person already holds registration under\nDivision 6.\n(3) The National Board must not require a person to pay a fee for\nregistration as a student.\n(4) As soon as practicable after registering a person as a student, a\nNational Board must give written notice of the registration to—\n(a) the education provider that provided the student’s particulars to\nthe Board; and\n(b) if the Board required the person to complete an application form\nfor registration, the student.\n(5) As soon as practicable after receiving notice that a student has been\nregistered under subsection (1) (a), the education provider must give\nwritten notice of the registration to the student.\n","sortOrder":95},{"sectionNumber":"90","sectionType":"section","heading":"Period of student registration","content":"90 Period of student registration\nThe period of registration for a student—\n(a) starts when the student is registered under section 89; and\n(b) expires at the end of the day on which the student completes, or\notherwise ceases to be enrolled in, the approved program of\nstudy.\n\n","sortOrder":96},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Other persons to be registered as","content":"Subdivision 2 Other persons to be registered as\n","sortOrder":97},{"sectionNumber":"91","sectionType":"section","heading":"Education provider to provide lists of persons","content":"91 Education provider to provide lists of persons\n(1) If an education provider arranges clinical training in a health\nprofession for a person who is not enrolled in an approved program\nof study for the profession, the education provider must give the\nNational Board established for the profession written notice about the\narrangement.\n(2) Subsection (1) does not apply if the person is a registered health\npractitioner who is registered in the health profession in which the\nclinical training is being undertaken.\n(3) A notice under subsection (1) must include—\n(a) the particulars of the person undertaking the clinical training,\nand\n(b) particulars of the arrangement for the person to undertake the\nclinical training.\n(4) On receipt of a notice under subsection (1)—\n(a) the National Board may register the persons as students in the\nhealth profession by entering the persons’ particulars in the\nstudent register kept by the Board; or\n(b) the National Board may—\n(i) by written notice given to each person, require the person\nto complete an application for registration as a student in\nthe form approved by the National Board; and\n(ii) on receipt of the person’s application form, register the\nperson as a student in the health profession by entering the\nperson’s particulars in the student register kept by the\n\n(5) As soon as practicable after registering a person as a student under\nsubsection (4), a National Board must give written notice of the\nregistration to the education provider that provided the student’s\nparticulars to the Board.\n(6) The National Board must not require a person to pay a fee for\nregistration as a student.\n(7) A student’s period of registration under this section—\n(a) starts when the student is registered under subsection (4); and\n(b) expires at the end of the day on which the person completes, or\notherwise ceases to undertake, the period of clinical training.\n","sortOrder":98},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"General provisions applicable to","content":"Subdivision 3 General provisions applicable to\n","sortOrder":99},{"sectionNumber":"92","sectionType":"section","heading":"Notice to be given if student registration suspended or","content":"92 Notice to be given if student registration suspended or\ncondition imposed\n(1) This section applies if, at any time, any of the following events\n(a) a person’s registration as a student under this Law is suspended;\n(b) a condition is imposed on a person’s registration as a student\nunder this Law or a condition to which a person’s registration is\nsubject is changed or removed;\n(c) a National Board accepts an undertaking from a person who is a\nstudent.\n(2) The National Board established for the person’s health profession must,\nas soon as practicable after the event occurs, give written notice of\nthe event to the education provider with which the person is\nundertaking the approved program of study.\n\n(3) If an education provider is given a notice under subsection (2) about\na person, the education provider must, as soon as practicable after\nreceiving the notice, give notice of the event to any entity with whom\nthe person is undertaking training as part of the approved program of\nstudy.\n","sortOrder":100},{"sectionNumber":"93","sectionType":"section","heading":"Report to National Board of cessation of status as","content":"93 Report to National Board of cessation of status as\n(a) a student completes, or otherwise ceases to be enrolled in, an\napproved program of study for a health profession provided by\nan education provider; or\n(b) a student completes, or otherwise ceases to undertake, clinical\ntraining in a health profession arranged by an education\nprovider.\n(2) The education provider must give written notice of the student\nceasing to be enrolled in the program of study, or to undertake the\nclinical training, to the National Board established for the health\nprofession within 60 days of it occurring.\n(3) A contravention of subsection (2) does not constitute an offence.\n(4) However, if an education provider contravenes subsection (2)—\n(a) the National Board must publish details of the contravention on\nthe Board’s website; and\nNational Board, include a statement about the contravention in\nthe Agency’s annual report.\n\nSubdivision 1 Endorsement in relation to scheduled\nmedicines\n","sortOrder":101},{"sectionNumber":"94","sectionType":"section","heading":"Endorsement for scheduled medicines","content":"94 Endorsement for scheduled medicines\n(1) A National Board may, in accordance with an approval given by the\nMinisterial Council under section 14, endorse the registration of a\nregistered health practitioner registered in a health profession for\nwhich the Board is established, as being qualified to administer, obtain,\npossess, prescribe, sell, supply or use a scheduled medicine or class\nof scheduled medicines if the practitioner—\n(b) complies with any approved registration standard relevant to the\nNote The endorsement of a health practitioner’s registration under this section\nindicates the practitioner is qualified to administer, obtain, possess,\nprescribe, sell, supply or use the scheduled medicine or class of medicines\nspecified in the endorsement but does not authorise the practitioner to do\nso. The authorisation of a health practitioner to administer, obtain,\npossess, prescribe, sell, supply or use scheduled medicines in a\nparticipating jurisdiction will be provided for by or under another Act of\nthat jurisdiction.\nHealth practitioners registered in certain health professions will be\nauthorised to administer, obtain, possess, prescribe, sell, supply or use\nscheduled medicines by or under an Act of a participating jurisdiction\nwithout the need for the health practitioners to hold an endorsement under\n\n(a) the scheduled medicine or class of scheduled medicines to\nwhich the endorsement relates; and\n(b) whether the registered health practitioner is qualified to\nadminister, obtain, possess, prescribe, sell, supply or use the\nscheduled medicine or class of scheduled medicines; and\n(c) if the endorsement is for a limited period, the date the\nendorsement expires.\nSubdivision 2 Endorsement in relation to nurse\n","sortOrder":102},{"sectionNumber":"95","sectionType":"section","heading":"Endorsement as nurse practitioner","content":"95 Endorsement as nurse practitioner\n(1) The National Board for the nursing profession may endorse the\nregistration of a registered health practitioner whose name is included\nin the Register of Nurses as being qualified to practise as a nurse\npractitioner if the practitioner—\n(b) complies with any approved registration standard relevant to the\n(a) that the registered health practitioner is entitled to use the title\n“nurse practitioner”; and\n(b) any conditions applicable to the practice by the registered health\npractitioner as a nurse practitioner.\n\n","sortOrder":103},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Endorsement in relation to acupuncture","content":"Subdivision 4 Endorsement in relation to acupuncture\n","sortOrder":104},{"sectionNumber":"97","sectionType":"section","heading":"Endorsement for acupuncture","content":"97 Endorsement for acupuncture\n(1) A National Board may endorse the registration of a registered health\nestablished as being qualified to practise as an acupuncturist if the\npractitioner—\n(b) complies with an approved registration standard relevant to the\n(a) that the registered health practitioner is entitled to use the title\n“acupuncturist”; and\n(b) any conditions applicable to the practice of acupuncture by the\n\n","sortOrder":105},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Endorsements in relation to approved","content":"Subdivision 5 Endorsements in relation to approved\nareas of practice\n","sortOrder":106},{"sectionNumber":"98","sectionType":"section","heading":"Endorsement for approved area of practice","content":"98 Endorsement for approved area of practice\n(1) A National Board established for a health profession may, in\naccordance with an approval given by the Ministerial Council under\nsection 15, endorse the registration of a registered health practitioner\nregistered in a health profession for which the Board is established as\nbeing qualified to practise in an approved area of practice for the\nhealth profession if the practitioner—\n(b) complies with an approved registration standard relevant to the\n(a) the approved area of practice to which the endorsement relates;\nand\n(b) any conditions applicable to the practice by the registered health\npractitioner in the approved area of practice.\n\n","sortOrder":107},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Application for endorsement","content":"Subdivision 6 Application for endorsement\n","sortOrder":108},{"sectionNumber":"99","sectionType":"section","heading":"Application for endorsement","content":"99 Application for endorsement\n(1) An individual may apply to a National Board for endorsement of the\nindividual’s registration.\n(2) The application must—\n(c) be accompanied by any other information reasonably required\n(3) For the purposes of subsection (2) (c), the information a National\nBoard may require an applicant to provide includes—\n(a) evidence of the qualifications in the health profession the\napplicant believes qualifies the applicant for endorsement; and\n(b) evidence of successful completion of any period of supervised\npractice required by an approved registration standard; and\n(c) if the applicant is required to complete an examination or\nassessment set by or on behalf of the Board, evidence of the\nsuccessful completion of the examination or assessment.\n","sortOrder":109},{"sectionNumber":"100","sectionType":"section","heading":"Boards’ other powers before deciding application for","content":"100 Boards’ other powers before deciding application for\n(1) Before deciding an application for endorsement, a National Board\nmay—\n(a) investigate the applicant, including, for example, by asking an\nentity—\n(i) to give the Board information about the applicant; or\n(ii) to verify information or a document that relates to the\napplicant; or\n\n(b) by written notice to the applicant, require the applicant to give\nthe Board, within a reasonable time stated in the notice, further\ninformation or a document the Board reasonably requires to\ndecide the application; or\n(c) by written notice to the applicant, require the applicant to attend\nbefore the Board, within a reasonable time stated in the notice\nand at a reasonable place, to answer any questions of the Board\nrelating to the application; or\n(d) by written notice to the applicant, require the applicant to\nundergo a written, oral or practical examination, within a\nreasonable time stated in the notice and at a reasonable place.\n(2) The purpose of an examination under subsection (1) (d) must be to\nassess the applicant’s ability to practise the health profession in\naccordance with the endorsement sought.\n(3) The applicant is taken to have withdrawn the application if, within the\nstated time, the applicant does not comply with a requirement under\nsubsection (1).\n","sortOrder":110},{"sectionNumber":"101","sectionType":"section","heading":"Applicant may make submissions about proposed refusal","content":"101 Applicant may make submissions about proposed refusal\nof application or imposition of condition\n(1) If, after considering an application for endorsement of a registration,\na National Board is proposing to refuse to endorse the applicant’s\nregistration or to endorse the applicant’s registration subject to a\ncondition, the Board must give the applicant written notice of the\n\n","sortOrder":111},{"sectionNumber":"102","sectionType":"section","heading":"Decision about application","content":"102 Decision about application\n(1) After considering an application for endorsement and any\nsubmissions made in accordance with a notice under section 101, a\nNational Board must decide to endorse, or refuse to endorse, the\napplicant’s registration as sought.\n(2) Without limiting subsection (1), a National Board may refuse to\nendorse an applicant’s registration if—\n(a) the applicant is not qualified for the endorsement under a\nrelevant section; or\n(b) the Board considers the applicant is not competent to practise\nthe health profession in accordance with the endorsement\nsought.\nrelevant section means section 94, 95, 97 or 98.\n","sortOrder":112},{"sectionNumber":"103","sectionType":"section","heading":"Conditions of endorsement","content":"103 Conditions of endorsement\n(1) If a National Board decides to endorse the applicant’s registration\nunder section 102, the Board may decide to impose on the\nendorsement the conditions the Board considers necessary or\ndesirable in the circumstances.\nthe practitioner’s registration does not constitute an offence but may\nconstitute behaviour for which health, conduct or performance action\nmay be taken.\n(2) If the National Board decides to impose a condition on the\nendorsement, the Board must also decide a review period for the\ncondition.\n\n","sortOrder":113},{"sectionNumber":"103A","sectionType":"section","heading":"Undertakings at endorsement","content":"103A Undertakings at endorsement\nIf a National Board decides to endorse the applicant’s registration\nunder section 102, the Board may accept any undertaking from the\napplicant the Board considers necessary or desirable in the\n","sortOrder":114},{"sectionNumber":"104","sectionType":"section","heading":"Notice of decision to be given to applicant","content":"104 Notice of decision to be given to applicant\n(1) As soon as practicable after making the decision under section 102,\nthe National Board must—\n(a) give the applicant written notice of the Board’s decision; and\n(b) if the Board decides to endorse the applicant’s registration, give\nthe applicant a new certificate of registration.\n(2) If the Board decides not to endorse the applicant’s registration or\ndecides to endorse the applicant’s registration subject to a condition,\nthe notice under subsection (1) (a) must state—\n(b) that the applicant may appeal against the decision; and\n","sortOrder":115},{"sectionNumber":"105","sectionType":"section","heading":"Period of endorsement","content":"105 Period of endorsement\nIf a National Board decides to endorse a registered health\npractitioner’s registration, the endorsement—\n(a) starts when the Board makes the decision; and\n(b) expires when the practitioner’s registration ends.\n\n","sortOrder":116},{"sectionNumber":"106","sectionType":"section","heading":"Failure to decide application for endorsement","content":"106 Failure to decide application for endorsement\nIf a National Board fails to decide an application for endorsement\nwithin 90 days after its receipt, or the longer period agreed between\nthe Board and the applicant, the failure by the Board to make a\ndecision is taken to be a decision to refuse to endorse the applicant’s\nSubdivision 1 Renewal of registration of registered\nhealth practitioner\n","sortOrder":117},{"sectionNumber":"107","sectionType":"section","heading":"Application for renewal of registration or endorsement","content":"107 Application for renewal of registration or endorsement\n(1) A registered health practitioner may apply to the National Board\nestablished for the practitioner’s health profession for renewal of the\nhealth practitioner’s registration.\n(2) An application for renewal of a registered health practitioner’s\nregistration must be made not later than one month after the\npractitioner’s period of registration ends.\n(3) If the registered health practitioner’s registration has been endorsed\nby the National Board, the application for renewal of the\npractitioner’s registration is taken to also be an application for a\nrenewal of the endorsement.\n(4) The application for renewal of registration must—\n(c) if the application for renewal is made after the registered health\npractitioner’s period of registration ends, be accompanied by the\nrelevant fee for a late application; and\n(d) be accompanied by the annual statement required under\nsection 109; and\n\n(e) be accompanied by any other information reasonably required\n","sortOrder":118},{"sectionNumber":"108","sectionType":"section","heading":"Registration taken to continue in force","content":"108 Registration taken to continue in force\n(1) If a registered health practitioner applies under section 107 to renew\nthe practitioner’s registration, the applicant’s registration, including\nany endorsement of the registration, is taken to continue in force from\nthe day it would, apart from this section, have ended until—\n(a) if the National Board decides to renew the applicant’s\nregistration, the day a new certificate of registration is issued to\nthe applicant; or\n(b) if the National Board decides to refuse to renew the applicant’s\nregistration, the day the applicant is given notice of the decision.\n(2) If a health practitioner does not apply to renew the practitioner’s\nregistration before the practitioner’s period of registration ends, the\nregistration, including any endorsement of the registration, is taken to\ncontinue in force until—\n(a) the end of the day that is one month after the day the period of\nregistration would, apart from this subsection, have ended; or\n(b) if the health practitioner applies for renewal of the registration\nnot later than one month after the practitioner’s period of\nregistration ends, the day referred to in subsection (1) (a) or (b).\n(3) Subsection (1) or (2) does not apply if the registration is earlier\ncancelled under this Law.\n","sortOrder":119},{"sectionNumber":"109","sectionType":"section","heading":"Annual statement","content":"109 Annual statement\n(1) An application for renewal of registration must include or be\naccompanied by a statement that includes the following—\n(a) a declaration by the applicant that—\n(i) the applicant does not have an impairment; and\n\n(ii) the applicant has met any recency of practice requirements\n(iii) the applicant has completed the continuing professional\ndevelopment the applicant was required by an approved\nregistration standard to undertake during the applicant’s\npreceding period of registration; and\n(iv) the applicant has not practised the health profession during\nthe preceding period of registration without appropriate\nprofessional indemnity insurance arrangements being in\nplace in relation to the applicant; and\n(v) if the applicant’s registration is renewed the applicant will\nnot practise the health profession unless appropriate\nprofessional indemnity insurance arrangements are in\nplace in relation to the applicant;\n(b) details of any change in the applicant’s criminal history that\noccurred during the applicant’s preceding period of registration;\nNote See the definition of criminal history which applies to offences in\nparticipating jurisdictions and elsewhere, including outside\nAustralia.\n(c) if the applicant’s right to practise at a hospital or another facility\nat which health services are provided was withdrawn or\nrestricted during the applicant’s preceding period of registration\nbecause of the applicant’s conduct, professional performance or\nhealth, details of the withdrawal or restriction of the right to\npractise;\n(d) if, during the applicant’s preceding period of registration and\nbecause of the applicant’s conduct, professional performance or\nhealth, the applicant was—\n(i) disqualified under an agreement under section 92 of\nthe Health Insurance Act 1973 of the Commonwealth; or\n\n(ii) subject to a final determination under section 106TA of\nthe Health Insurance Act 1973 of the Commonwealth that\ncontained a direction under section 106U (1) (g) or (h) of\nthat Act that the applicant be disqualified;\n(e) details of any complaint made about the applicant to a\nregistration authority or another entity having functions relating\nto professional services provided by health practitioners or the\nregulation of health practitioners;\n(f) any other information required by an approved registration\nstandard.\n(1A) To avoid doubt, subsection (1)(d) applies only to the extent the\napplicant is not prohibited from disclosing information about the\ndisqualification or final determination by the Health Insurance\nAct 1973 of the Commonwealth.\n(2) Subsection (1) (a) (ii), (iii) and (iv), (c) and (d) does not apply to an\napplicant who is applying for the renewal of non-practising\n","sortOrder":120},{"sectionNumber":"110","sectionType":"section","heading":"National Board’s powers before making decision","content":"110 National Board’s powers before making decision\nBefore deciding an application for renewal of registration, a National\nBoard may exercise a power under section 80 as if the application\nwere an application for registration made under section 77.\n","sortOrder":121},{"sectionNumber":"111","sectionType":"section","heading":"Applicant may make submissions about proposed refusal","content":"111 Applicant may make submissions about proposed refusal\nof application for renewal or imposition of condition\n(1) If, after considering an application for renewal of registration, a\nNational Board is proposing to refuse to renew the applicant’s\nregistration or to renew the applicant’s registration subject to a new\ncondition, the Board must give the applicant written notice of the\n\n","sortOrder":122},{"sectionNumber":"112","sectionType":"section","heading":"Decision about application for renewal","content":"112 Decision about application for renewal\n(1) After considering an application for renewal of registration and any\nsubmissions made in accordance with a notice under section 111, a\nNational Board may decide to renew, or refuse to renew, the\napplicant’s registration or the endorsement.\n(2) The National Board may refuse to renew the applicant’s registration\nor any endorsement on the applicant’s registration—\n(a) on any ground on which the Board could refuse to grant the\nregistration or endorsement under section 82 or 102 if the\napplication were for a grant of registration or endorsement; or\n(b) if the applicant contravened any condition to which the\napplicant’s previous registration or endorsement was subject; or\n(ba) if the applicant failed to comply with any undertaking given by\nthe applicant to the Board that was in effect during the\napplicant’s previous period of registration or endorsement; or\n(c) if, during the applicant’s previous period of registration, the\napplicant failed to have appropriate professional indemnity\ninsurance arrangements or failed to complete the continuing\nprofessional development required by an approved registration\nstandard for the profession; or\n(d) if a statement made by the applicant in the applicant’s annual\nstatement was false or misleading in a material particular; or\n\n(e) if the application is for the renewal of provisional registration\nand the applicant’s provisional registration has previously been\nrenewed twice; or\n(f) if the application is for the renewal of limited application and\nthe applicant’s limited registration has previously been renewed\n3 times.\n(3) If the National Board renews a registration, including any\nendorsement on the registration, the registration or endorsement is\nsubject to—\n(a) any condition to which the registration was subject immediately\nbefore the renewal; and\n(b) any condition the Board considers necessary or desirable in the\ncircumstances; and\n(c) any undertaking given by the applicant to the Board that was in\neffect immediately before the renewal; and\n(d) any undertaking given by the applicant to the Board that the\nBoard considers necessary or desirable in the circumstances.\nthe practitioner’s registration, or an undertaking given by the practitioner\nto the Board, does not constitute an offence but may constitute behaviour\nfor which health, conduct or performance action may be taken.\n(4) If the National Board decides to renew a registered health\npractitioner’s registration or an endorsement of the registration\nsubject to a condition under subsection (3) (b), the Board must decide\na review period for the condition.\n(5) If a National Board decides to refuse to renew an applicant’s\nregistration or the endorsement of the applicant’s registration, or to\nrenew the registration or the endorsement subject to a condition under\nsubsection (3) (b), the Board must give the applicant a notice that\nstates—\n\n(c) that the applicant may appeal against the decision; and\n(d) how an application for appeal may be made and the period\n(6) A registration, including any endorsement of the registration,\nrenewed under this Subdivision—\n(a) starts on the day immediately after the applicant’s previous\nperiod of registration ends or ended; and\n(b) expires at the end of the day that is 12 months after the day it\nstarts.\nSubdivision 2 Renewal of registration after suspension\nperiod\n","sortOrder":123},{"sectionNumber":"112A","sectionType":"section","heading":"Application of Subdivision","content":"112A Application of Subdivision\n(1) This Subdivision applies if, during a period (the suspension period)\nin which a person’s registration in a health profession is suspended\nunder this Law, the person’s registration would have ended if the\nperson were not suspended.\n(2) Section 108(2) does not apply to a registration to which this\nSubdivision applies.\n","sortOrder":124},{"sectionNumber":"112B","sectionType":"section","heading":"Application for renewal of registration","content":"112B Application for renewal of registration\n(1) The person’s registration as a registered health practitioner is\nreinstated on the day the suspension period ends.\n(2) If the registered health practitioner intends to renew the practitioner’s\nregistration in the profession, the practitioner must apply to the\nNational Board established for the practitioner’s health profession\nwithin one month after the suspension period ends.\n\n(3) If the practitioner’s registration has been endorsed by the National\nBoard, the application for renewal of the practitioner’s registration is\ntaken to also be an application for a renewal of the endorsement.\n(4) The application for renewal of registration must be—\n(a) in the form approved by the National Board; and\n(b) accompanied by the relevant fee; and\n(c) accompanied by the annual statement required under section\n109, as applied by section 112D; and\n(d) accompanied by any other information reasonably required by\nthe Board.\n","sortOrder":125},{"sectionNumber":"112C","sectionType":"section","heading":"End of registration","content":"112C End of registration\n(1) If a registered health practitioner applies to renew the practitioner’s\nregistration under section 112B, the applicant’s registration,\nincluding any endorsement of the registration, continues in force from\nthe day the suspension period ends until—\n(a) if the National Board decides to renew the applicant’s\nregistration—the day a new certificate of registration is issued\nto the applicant; or\n(b) if the National Board decides to refuse to renew the applicant’s\nregistration—the day the applicant is given notice of the\n(2) If a registered health practitioner does not apply to renew the\npractitioner’s registration under section 112B, the practitioner’s\nregistration, including any endorsement of the registration, continues\nin force from the day the suspension period ends until the end of the\nday that is one month after the day on which the suspension period\n\n","sortOrder":126},{"sectionNumber":"112D","sectionType":"section","heading":"Sections 109 to 112 apply to application for renewal","content":"112D Sections 109 to 112 apply to application for renewal\nunder this Subdivision\n(1) Sections 109 to 112 apply to an application for renewal of registration\nmade under this Subdivision as if the application had been made\nunder section 107 for renewal of registration under Subdivision 1.\n(2) For the purposes of subsection (1)—\n(a) section 109 applies as if a reference in that section to the\napplicant’s preceding period of registration were a reference to\nboth the applicant’s period of registration preceding the\nsuspension period and the suspension period; and\n(b) section 112(2)(c) applies as if a reference in that paragraph to\nthe applicant’s previous period of registration were a reference\nto both the applicant’s period of registration preceding the\nsuspension period and the suspension period; and\n(c) section 112(3)(a) applies as if a reference in that paragraph to\nimmediately before the renewal were a reference to immediately\nbefore the start of the suspension period; and\n(d) section 112(6) applies as if a reference in that subsection to this\nSubdivision were a reference to Subdivision 2.\nSubdivision 1 Title protections\n","sortOrder":127},{"sectionNumber":"113","sectionType":"section","heading":"Restriction on use of protected titles","content":"113 Restriction on use of protected titles\n(1) A person must not knowingly or recklessly—\n(a) take or use a title in the Table to this section, in a way that could\nbe reasonably expected to induce a belief the person is registered\nunder this Law in the health profession listed beside the title in\nthe Table, unless the person is registered in the profession, or\n\n(b) take or use a prescribed title for a health profession, in a way\nthat could be reasonably expected to induce a belief the person\nis registered under this Law in the profession, unless the person\nis registered in the profession.\n(a) take or use a title in the Table in relation to another person (the\nsecond person), in a way that could be reasonably expected to\ninduce a belief the second person is registered under this Law in\nthe health profession listed beside the title in the Table, unless\nthe second person is registered in the profession; or\n(b) take or use a prescribed title for a health profession in relation\nto another person (the second person), in a way that could be\nreasonably expected to induce a belief the second person is\nregistered under this Law in the profession, unless the second\nperson is registered in the profession.\n(3) Subsections (1) and (2) apply whether or not the title is taken or used\nwith or without any other words and whether in English or any other\nlanguage.\n\nTable—Protected Titles\nProfession Title\nAboriginal and Torres Strait\nIslander Health Practice\nAboriginal and Torres Strait Islander health\npractitioner, Aboriginal health practitioner, Torres\nStrait Islander health practitioner\nChinese Medicine Chinese medicine practitioner, Chinese herbal\ndispenser, Chinese herbal medicine practitioner,\nOriental medicine practitioner, acupuncturist\nChiropractic chiropractor\nDental dentist, dental therapist, dental hygienist, dental\nprosthetist, oral health therapist\nMedical medical practitioner\nMedical Radiation Practice medical radiation practitioner, diagnostic\nradiographer, medical imaging technologist,\nradiographer, nuclear medicine scientist, nuclear\nmedicine technologist, radiation therapist\nMidwifery\nNursing\nmidwife, midwife practitioner\nnurse, registered nurse, nurse practitioner, enrolled\nnurse\nOccupational Therapy occupational therapist\nOptometry optometrist, optician\nOsteopathy osteopath\nParamedicine paramedic\nPharmacy pharmacist, pharmaceutical chemist\n\nProfession Title\nPhysiotherapy physiotherapist, physical therapist\nPodiatry podiatrist, chiropodist\nPsychology psychologist\n","sortOrder":128},{"sectionNumber":"114","sectionType":"section","heading":"Use of title “acupuncturist”","content":"114 Use of title “acupuncturist”\n(1) A registered health practitioner whose registration is endorsed under\nsection 97 by a National Board as being qualified to practise as an\nacupuncturist does not commit an offence against section 113 (1) (a)\nmerely because the individual takes or uses the title “acupuncturist”.\n(2) A person does not commit an offence against section 113 (2) (a)\nmerely because the person takes or uses the title “acupuncturist” in\nrelation to another person who is a registered health practitioner\nwhose registration is endorsed under section 97 by a National Board\nas being qualified to practise as an acupuncturist.\n","sortOrder":129},{"sectionNumber":"115","sectionType":"section","heading":"Restriction on use of specialist titles","content":"115 Restriction on use of specialist titles\n(1) A person must not knowingly or recklessly take or use—\n(a) the title “dental specialist” unless the person is registered under\nthis Law in a recognised specialty in the dentists division of the\ndental profession; or\n(b) the title “medical specialist” unless the person is registered in a\nrecognised specialty in the medical profession; or\n(c) a specialist title for a recognised specialty unless the person is\nregistered under this Law in the specialty.\n\n(2) A person must not knowingly or recklessly take or use—\n(a) the title “dental specialist” in relation to another person unless\nthe other person is registered under this Law in a recognised\nspecialty in the dentists division of the dental profession; or\n(b) the title “medical specialist” in relation to another person unless\nthe person is registered in a recognised specialty in the medical\n(c) a specialist title for a recognised specialty in relation to another\nperson unless the person is registered under this Law in the\nspecialty.\n(3) Subsection (1) applies whether or not the title is taken or used with or\nwithout any other words and whether in English or any other\nlanguage.\n","sortOrder":130},{"sectionNumber":"115A","sectionType":"section","heading":"Claims by persons as to membership of surgical class","content":"115A Claims by persons as to membership of surgical class\n(1) A medical practitioner who is not a member of a surgical class must\nnot knowingly or recklessly do any of the following—\n(a) take or use the title “surgeon”;\nindicates or could be reasonably understood to indicate the\npractitioner is a member of a surgical class;\n(c) claim to be, or hold out as being, a member of a surgical class.\n\n(2) A person must not knowingly or recklessly do any of the following in\nrelation to a medical practitioner who is not a member of a surgical\nclass—\n(a) take or use the title “surgeon” in relation to the practitioner;\nindicates or could be reasonably understood to indicate the\npractitioner is a member of a surgical class;\n(c) claim the practitioner is, or hold the practitioner out as being, a\nmember of a surgical class.\n(3) Subsections (1) (a) and (2) (a)—\n(a) apply whether or not the title “surgeon” is taken or used with or\nwithout any other words and whether in English or any other\nlanguage; but\n(b) do not apply to, or in relation to, a medical practitioner who is\nnot a member of a surgical class if the practitioner—\n(i) holds registration in the dentists division of the dental\n(ii) is permitted under this Law, or another law of a State or\nTerritory, to take or use the title “surgeon” for practising a\nprofession other than the medical profession.\n(4) Before making regulations prescribing a class of medical practitioner\nas a surgical class, the Ministerial Council must have regard to—\n(a) any advice the National Board for the medical profession gives\nto the Ministerial Council about prescribing the class; and\n\n(b) the surgical training required to be undertaken by members of\nthe proposed class.\nsurgical class means the following classes of medical practitioners—\n(a) a medical practitioner holding specialist registration in the\nrecognised specialty of surgery;\n(b) a medical practitioner holding specialist registration in the\nrecognised specialty of obstetrics and gynaecology;\n(c) a medical practitioner holding specialist registration in the\nrecognised specialty of ophthalmology;\n(d) a medical practitioner holding specialist registration in another\nrecognised specialty in the medical profession with the word\n“surgeon” in a specialist title for the specialty;\n(e) another class of medical practitioner prescribed as a surgical\nclass by regulations made by the Ministerial Council.\n","sortOrder":131},{"sectionNumber":"116","sectionType":"section","heading":"Claims by persons as to registration as health","content":"116 Claims by persons as to registration as health\n(1) A person who is not a registered health practitioner must not\nknowingly or recklessly—\n(a) take or use the title of “registered health practitioner”, whether\nwith or without any other words; or\n(i) the person is a health practitioner; or\n(ii) the person is authorised or qualified to practise in a health\n\n(c) claim to be registered under this Law or hold himself or herself\nout as being registered under this Law; or\n(d) claim to be qualified to practise as a health practitioner.\n(a) take or use the title of “registered health practitioner”, whether\nwith or without any other words, in relation to another person\nwho is not a registered health practitioner; or\n(i) another person is a health practitioner if the other person is\nnot a health practitioner; or\n(ii) another person is authorised or qualified to practise in a\nhealth profession if the other person is not a registered\nhealth practitioner in that health profession; or\n(c) claim another person is registered under this Law, or hold the\nother person out as being registered under this Law, if the other\nperson is not registered under this Law; or\n(d) claim another person is qualified to practise as a health\npractitioner if the other person is not a registered health\n\n","sortOrder":132},{"sectionNumber":"117","sectionType":"section","heading":"Claims by persons as to registration in particular","content":"117 Claims by persons as to registration in particular\nprofession or division\n(1) A registered health practitioner must not knowingly or recklessly—\n(a) claim to be registered under this Law in a health profession or a\ndivision of a health profession in which the practitioner is not\nregistered, or hold himself or herself out as being registered in a\nhealth profession or a division of a health profession if the\nperson is not registered in that health profession or division; or\n(b) claim to be qualified to practise as a practitioner in a health\nprofession or a division of a health profession in which the\npractitioner is not registered; or\n(c) take or use any title that could be reasonably understood to\ninduce a belief the practitioner is registered under this Law in a\nhealth profession or a division of a health profession in which\nthe practitioner is not registered.\n(3) A person must not knowingly or recklessly—\n(a) claim another person is registered under this Law in a health\nprofession or a division of a health profession in which the other\nperson is not registered, or hold the other person out as being\nregistered in a health profession or a division of a health\nprofession if the other person is not registered in that health\nprofession or division; or\n(b) claim another person is qualified to practise as a health\npractitioner in a health profession or division of a health\nprofession in which the other person is not registered; or\n\n(c) take or use any title in relation to another person that could be\nreasonably understood to induce a belief the other person is\nregistered under this Law in a health profession or a division of\na health profession in which the person is not registered.\nNote A contravention of this subsection by a registered health practitioner, or\nin some cases by a person who was a registered health practitioner, may\nalso constitute unprofessional conduct for which health, conduct or\n","sortOrder":133},{"sectionNumber":"118","sectionType":"section","heading":"Claims by persons as to specialist registration","content":"118 Claims by persons as to specialist registration\n(1) A person who is not a specialist health practitioner must not\nknowingly or recklessly—\n(a) take or use the title of “specialist health practitioner”, whether\nwith or without any other words; or\n(i) the person is a specialist health practitioner; or\n(ii) the person is authorised or qualified to practise in a\nrecognised specialty; or\n(c) claim to be registered under this Law in a recognised specialty\nor hold himself or herself out as being registered under this Law\nin a recognised specialty; or\n\n(d) claim to be qualified to practise as a specialist health\n(a) take or use the title of “specialist health practitioner”, whether\nwith or without any other words, in relation to another person\nwho is not a specialist health practitioner; or\n(b) take or use a title, name, initial, symbol, word or description in\nrelation to another person who is not a specialist health\npractitioner that, having regard to the circumstances in which it\nis taken or used, indicates or could be reasonably understood to\nindicate—\n(i) the other person is a specialist health practitioner; or\n(ii) the other person is authorised or qualified to practise in a\nrecognised specialty; or\n(c) claim another person is registered under this Law in a recognised\nspecialty or hold the other person out as being registered under\nthis Law in a recognised specialty if the other person is not\nregistered in that recognised specialty; or\n(d) claim another person is qualified to practise as a specialist health\npractitioner if the person is not a specialist health practitioner.\n\nNote A contravention of this section by a registered health practitioner, or in\nsome cases by a person who was a registered health practitioner, may also\nconstitute unprofessional conduct for which health, conduct or\n","sortOrder":134},{"sectionNumber":"119","sectionType":"section","heading":"Claims about type of registration or registration in","content":"119 Claims about type of registration or registration in\nrecognised specialty\n(1) A registered health practitioner must not knowingly or recklessly—\n(a) claim to hold a type of registration or endorsement under this\nLaw that the practitioner does not hold or hold himself or herself\nout as holding a type of registration or endorsement if the\npractitioner does not hold that type of registration; or\n(b) claim to be qualified to hold a type of registration or\nendorsement the practitioner does not hold; or\n(c) claim to hold specialist registration under this Law in a\nrecognised specialty in which the practitioner does not hold\nspecialist registration or hold himself or herself out as holding\nspecialist registration in a recognised specialty if the person does\nnot hold specialist registration in that specialty; or\n(d) claim to be qualified to practise as a specialist health practitioner\nin a recognised specialty in which the practitioner is not\n\n(3) A person must not knowingly or recklessly—\n(a) claim another person holds a type of registration or endorsement\nunder this Law that the other person does not hold or hold the\nother person out as holding a type of registration or endorsement\nif the practitioner does not hold that type of registration or\nendorsement; or\n(b) claim another person is qualified to hold a type of registration or\nendorsement that the other person does not hold; or\n(c) claim another person holds specialist registration under this Law\nin a recognised specialty which the other person does not hold\nor hold the other person out as holding specialist registration in\na recognised specialty if the other person does not hold specialist\nregistration in that specialty; or\n(d) claim another person is qualified to practise in a recognised\nspecialty in which the other person is not registered.\nNote A contravention of this subsection by a registered health practitioner, or\nin some cases by a person who was a registered health practitioner, may\nalso constitute unprofessional conduct for which health, conduct or\n","sortOrder":135},{"sectionNumber":"120","sectionType":"section","heading":"Registered health practitioner registered on conditions","content":"120 Registered health practitioner registered on conditions\n(1) A registered health practitioner who is registered on conditions must\nnot knowingly or recklessly claim, or hold himself or herself out, to\nbe registered without the conditions or any conditions.\n\nPractice protections Subdivision 2\n","sortOrder":136},{"sectionNumber":"121","sectionType":"section","heading":"Restricted dental acts","content":"121 Restricted dental acts\n(1) A person must not carry out a restricted dental act unless the person—\n(a) is registered in the dental profession or medical profession and\ncarries out the restricted dental act in accordance with any\nrequirements specified in an approved registration standard; or\n(b) is a student who carries out the restricted dental act in the course\nof activities undertaken as part of—\n(i) an approved program of study for the dental profession or\nmedical profession; or\n(ii) clinical training in the dental profession or medical\n(c) carries out the restricted dental act in the course of carrying out\ntechnical work on the written order of a person registered in the\ndentists or dental prosthetists division of the dental profession;\nor\n(d) is a person, or a member of a class of persons, prescribed under\na regulation as being authorised to carry out the restricted dental\nact or restricted dental acts generally.\nrestricted dental act means any of the following acts—\n(a) performing any irreversible procedure on the human teeth or jaw\nor associated structures;\n(b) correcting malpositions of the human teeth or jaw or associated\nstructures;\n(c) fitting or intra-orally adjusting artificial teeth or corrective or\nrestorative dental appliances for a person;\n\n(d) performing any irreversible procedure on, or the giving of any\ntreatment or advice to, a person that is preparatory to or for the\npurpose of fitting, inserting, adjusting, fixing, constructing,\nrepairing or renewing artificial dentures or a restorative dental\nappliance.\ntechnical work means the mechanical construction or the renewal or\nrepair of artificial dentures or restorative dental appliances.\n","sortOrder":137},{"sectionNumber":"122","sectionType":"section","heading":"Restriction on prescription of optical appliances","content":"122 Restriction on prescription of optical appliances\n(1) A person must not prescribe an optical appliance unless—\n(a) the person is an optometrist or medical practitioner; or\n(b) the appliance is spectacles and the person is an orthoptist who—\n(i) prescribes the spectacles in the course of carrying out\nduties at a public health facility; or\n(ii) prescribes the spectacles under the supervision of an\noptometrist or medical practitioner; or\n(iii) prescribes the spectacles, on the written referral of an\noptometrist or medical practitioner, to a person who has\nhad, within the 12 months before the referral, an ocular\nhealth examination conducted by an optometrist or medical\n(c) the person is a person, or a member of a class of persons,\nprescribed under a regulation as being authorised to prescribe an\noptical appliance of that type or to prescribe optical appliances\ngenerally.\n\nPractice protections Subdivision 2\noptical appliance means—\n(a) any appliance designed to correct, remedy or relieve any\nrefractive abnormality or defect of sight, including, for example,\nspectacle lenses; or\n(b) contact lenses, whether or not designed to correct, remedy or\nrelieve any refractive abnormality or defect of sight.\noptometrist means a person registered in the optometry profession.\northoptist means a person whose name is recorded in the Register of\nOrthoptists kept by the Australian Orthoptists Registration Body Pty\nLtd (ACN 095 11 7 678).\n","sortOrder":138},{"sectionNumber":"123","sectionType":"section","heading":"Restriction on spinal manipulation","content":"123 Restriction on spinal manipulation\n(1) A person must not perform manipulation of the cervical spine unless\nthe person—\n(a) is registered in an appropriate health profession; or\n(b) is a student who performs manipulation of the cervical spine in\nthe course of activities undertaken as part of—\n(i) an approved program of study in an appropriate health\n(ii) clinical training in an appropriate health profession; or\n(c) is a person, or a member of a class of persons, prescribed under\na regulation as being authorised to perform manipulation of the\ncervical spine.\n\nappropriate health profession means any of the following health\nprofessions—\n(a) chiropractic;\n(b) osteopathy;\n(c) medical;\n(d) physiotherapy.\nmanipulation of the cervical spine means moving the joints of the\ncervical spine beyond a person’s usual physiological range of motion\nusing a high velocity, low amplitude thrust.\nSubdivision 1 Certificates of registration\n","sortOrder":139},{"sectionNumber":"124","sectionType":"section","heading":"Issue of certificate of registration","content":"124 Issue of certificate of registration\n(a) a National Board decides to register an individual in a health\nprofession for which the Board is established; or\n(b) a National Board decides to renew an individual’s registration\nin a health profession for which the Board is established; or\n(c) a National Board or an adjudication body decides to impose,\nchange or remove a condition on a registered health\npractitioner’s registration or otherwise change the practitioner’s\nregistration in a material way; or\n(d) a National Board or an adjudication body decides to accept an\nundertaking from a registered health practitioner or to change or\nrevoke an undertaking given by the practitioner; or\n\n(e) a National Board decides to endorse a health practitioner’s\n(2) The National Board must, as soon as practicable after the decision is\nmade, give the registered health practitioner a certificate of\nregistration in the form decided by the Board.\n(3) A certificate of registration must include the following—\n(a) the name of the registered health practitioner;\n(aa) any alternative name for the practitioner that has been notified\nto the National Board under section 131A, unless—\n(ii) the alternative name is a prohibited name; and\n(ii) the National Board has decided under section 131A(2)(b)\nto refuse to include the name on the registered health\npractitioner’s certificate of registration;\n(b) the type of registration granted and, if the registration is\nendorsed, the type of endorsement granted;\n(c) the date the registration or endorsement was granted;\n(d) the division of the register, if any, in which the practitioner is\nregistered;\n(e) any condition to which the registration or endorsement is\nsubject;\n(f) any undertaking given by the practitioner to the National Board;\n(g) the date the registration expires;\n(h) any other information the Board considers appropriate.\n\nSubdivision 2 Review of conditions and undertakings\n","sortOrder":140},{"sectionNumber":"125","sectionType":"section","heading":"Changing or removing conditions or undertaking on","content":"125 Changing or removing conditions or undertaking on\napplication by registered health practitioner or student\n(1) A registered health practitioner or student may apply to a National\nBoard established for the practitioner’s or student’s health profession—\n(a) for a registered health practitioner—\n(i) to change or remove a condition imposed on the\npractitioner’s registration or endorsement; or\n(ii) to change or revoke an undertaking given by the\n(b) for a student—\n(i) to change or remove a condition imposed on the student’s\n(ii) to change or revoke an undertaking given by the student to\nthe Board.\n(2) However, the registered health practitioner or student may not make\nan application—\n(a) during a review period applying to the condition or undertaking,\nunless the practitioner or student reasonably believes there has\nbeen a material change in the practitioner’s or student’s\ncircumstances; or\n(b) for a condition imposed by an adjudication body for a co-\nwhen imposing the condition or at a later time, that this\nSubdivision applied to the condition.\n(3) An application under subsection (1) must—\n\n(b) be accompanied by any other information reasonably required\n(4) For the purposes of deciding the application, the National Board may\nexercise a power under section 80 as if the application were an\napplication for registration as a registered health practitioner.\n(5) The National Board must decide to grant the application or refuse to\ngrant the application.\n(6) If the National Board’s decision results in the registration or\nendorsement being subject to a condition, or an undertaking is still in\nplace, the Board may decide a review period for the condition or\nundertaking.\n(6A) As soon as practicable after making the decision under subsection (5),\nthe National Board must give written notice to the registered health\npractitioner or student of—\n(a) the decision; and\n(b) if the Board has decided a review period for a condition or\nundertaking—details of the review period.\n(7) If the National Board decides to refuse to grant the application, the\nnotice must state—\n(b) that the registered health practitioner or student may appeal\n\n","sortOrder":141},{"sectionNumber":"126","sectionType":"section","heading":"Changing conditions on Board’s initiative","content":"126 Changing conditions on Board’s initiative\n(1) This section applies if a National Board established for a health\nprofession reasonably believes it is necessary to change a condition\nimposed on—\n(a) for a registered health practitioner registered in the health\nprofession—the practitioner’s registration or endorsement; or\n(b) for a student registered in the health profession—the student’s\n(2) The National Board must give the registered health practitioner or\nstudent a written notice stating—\n(a) that the Board proposes to change the condition; and\n(b) how the Board proposes to change the condition; and\n(c) the reason for the proposed change; and\n(d) that the practitioner or student may, within 30 days after receipt\nof the notice, make written or verbal submissions to the Board\nabout why the condition should not be changed.\n(3) However, the condition may not be changed—\n(a) during a review period applying to the condition, unless the\nNational Board reasonably believes there has been a material\nchange in the registered health practitioner’s or student’s\ncircumstances; or\n(b) if the condition was imposed by an adjudication body for a co-\nwhen imposing the condition or at a later time, that this\nSubdivision applied to the condition.\n(4) The registered health practitioner or student may make written or\nverbal submissions about the proposed change to the condition as\nstated in the notice.\n\n(5) The National Board must consider any submissions made under\nsubsection (4) and decide whether or not to change the condition.\n(6) If the National Board’s decision results in the registration or\nendorsement being subject to a condition, the Board may decide a\n(6A) As soon as practicable after making the decision under subsection (5),\nthe National Board must give written notice to the registered health\npractitioner or student of—\n(a) the decision; and\n(b) if the Board has decided a review period for a condition—details\nof the review period.\n(7) If the National Board decides to change the condition, the notice must\nstate—\n(b) that the registered health practitioner or student may appeal\n","sortOrder":142},{"sectionNumber":"127","sectionType":"section","heading":"Removal of condition or revocation of undertaking","content":"127 Removal of condition or revocation of undertaking\n(1) This section applies if a National Board established for a health\nprofession reasonably believes the following is no longer necessary—\n(a) for a registered health practitioner registered in the health\nprofession—\n(i) a condition imposed on the practitioner’s registration or\nendorsement; or\n(ii) an undertaking given to the Board by the practitioner;\n\n(b) for a student registered in the health profession—\n(i) a condition imposed on the student’s registration; or\n(ii) an undertaking given to the Board by the student.\n(2) The National Board may decide to remove the condition or revoke\nthe undertaking.\n(3) However, the condition or undertaking may not be removed or\nrevoked—\n(a) during a review period applying to the condition or undertaking,\nunless the National Board reasonably believes there has been a\nmaterial change in the registered health practitioner’s or\nstudent’s circumstances; or\n(b) for a condition imposed by an adjudication body for a co-\nwhen imposing the condition, that this Subdivision applied to\nthe condition.\n(4) As soon as practicable after making the decision the National Board\nmust give notice of the decision to the registered health practitioner\nor student.\n(5) The decision takes effect on the date stated in the notice.\n","sortOrder":143},{"sectionNumber":"127A","sectionType":"section","heading":"When matters under this subdivision may be decided by","content":"127A When matters under this subdivision may be decided by\nreview body of a co-regulatory jurisdiction\n(a) a condition has been imposed on a registered health\npractitioner’s or student’s registration or endorsement, or an\nundertaking has been given by the practitioner or student; and\n(b) a change or removal of the condition, or change or revocation of\nthe undertaking, would usually be decided under this\nSubdivision; and\n\n(c) the National Board that imposed the condition, or to which the\nundertaking was given, considers the change or removal, or\nchange or revocation, should be decided by a review body of a\nco-regulatory jurisdiction.\n(2) The National Board may—\n(a) decide that any change or removal, or change or revocation, may\nbe decided by the review body of a co-regulatory jurisdiction;\nand\n(b) give any relevant documents or information held by the Board\nto the review body.\n(3) If a review body of a co-regulatory jurisdiction agrees to decide a\nmatter instead of the Board, the review body must decide the matter\nunder the laws of that jurisdiction.\nreview body means an entity declared by an Act or regulation of a\nco-regulatory jurisdiction to be a review body for this section.\nSubdivision 3 Obligations of registered health\npractitioners and students\n","sortOrder":144},{"sectionNumber":"128","sectionType":"section","heading":"Continuing professional development","content":"128 Continuing professional development\n(1) A registered health practitioner must undertake the continuing\nprofessional development required by an approved registration\nstandard for the health profession in which the practitioner is\n\nregistered health practitioner does not include a registered health\npractitioner who holds non-practising registration in the profession.\n","sortOrder":145},{"sectionNumber":"129","sectionType":"section","heading":"Professional indemnity insurance arrangements","content":"129 Professional indemnity insurance arrangements\n(1) A registered health practitioner must not practise the health\nprofession in which the practitioner is registered unless appropriate\nprofessional indemnity insurance arrangements are in force in\nrelation to the practitioner’s practice of the profession.\n(2) A National Board may, at any time by written notice, require a\nregistered health practitioner registered in a health profession for\nwhich the Board is established to give the Board evidence of the\nappropriate professional indemnity insurance arrangements that are\nin force in relation to the practitioner’s practice of the profession.\n(3) A registered health practitioner must not, without reasonable excuse,\nfail to comply with a written notice given to the practitioner under\nsubsection (2).\n(4) A contravention of subsection (1) or (3) by a registered health\npractitioner does not constitute an offence but may constitute\nbehaviour for which health, conduct or performance action may be\ntaken.\nregistered health practitioner does not include a registered health\npractitioner who holds non-practising registration in the profession.\n","sortOrder":146},{"sectionNumber":"130","sectionType":"section","heading":"Registered health practitioner or student to give National","content":"130 Registered health practitioner or student to give National\nBoard notice of certain events\n(1) A registered health practitioner or student must, within 7 days after\nbecoming aware that a relevant event has occurred in relation to the\npractitioner or student, give the National Board established for the\npractitioner’s or student’s health profession written notice of the event.\n\nor student does not constitute an offence but may constitute behaviour\nfor which health, conduct or performance action may be taken.\n(2A) To avoid doubt, a registered health practitioner is not required to give\nthe National Board written notice of an event within the meaning of\nparagraphs (e) or (f) of the definition of relevant event if the\nnotification is prohibited by the Health Insurance Act 1973 of the\nrelevant event, in relation to a registered health practitioner, means—\n(a) the practitioner is charged with—\n(ii) an offence punishable by 12 months imprisonment or\nmore, whether in a participating jurisdiction or elsewhere;\nor\n(b) the practitioner is convicted of or is the subject of a finding of\nguilt for—\n(ii) an offence punishable by imprisonment, whether in a\nparticipating jurisdiction or elsewhere; or\n(c) appropriate professional indemnity insurance arrangements are\nno longer in place in relation to the practitioner’s practice of the\n(d) the practitioner’s right to practise at a hospital or another facility\nat which health services are provided is withdrawn or restricted\nbecause of the practitioner’s conduct, professional performance\nor health; or\n\n(e) the practitioner is disqualified under an agreement under\nsection 92 of the Health Insurance Act 1973 of the\nCommonwealth because of the practitioner’s conduct,\nprofessional performance or health; or\n(f) the practitioner is subject to a final determination under section\n106TA of the Health Insurance Act 1973 of the Commonwealth\nthat contains a direction under section 106U (1) (g) or (h) of that\nAct that the practitioner be disqualified because of the\npractitioner’s conduct, professional performance or health; or\n(g) the practitioner’s authority under a law of a State or Territory to\nadminister, obtain, possess, prescribe, sell, supply or use a\nscheduled medicine or class of scheduled medicines is cancelled\nor restricted; or\n(h) a complaint is made about the practitioner to an entity referred\nto in section 219 (1) (a) to (e); or\n(i) the practitioner’s registration under the law of another country\nthat provides for the registration of health practitioners is\nsuspended or cancelled or made subject to a condition or another\nrestriction.\nrelevant event, in relation to a student, means—\n(a) the student is charged with—\n(ii) an offence punishable by 12 months imprisonment or\nmore, whether in a participating jurisdiction or elsewhere;\nor\n(b) the student is convicted of or is the subject of a finding of guilt\nfor—\n(ii) an offence punishable by imprisonment, whether in a\nparticipating jurisdiction or elsewhere; or\n\n(c) the student’s registration under the law of another country that\nprovides for the registration of students has been suspended or\ncancelled.\nscheduled medicine offence means an offence against a law of a\n(a) if—\n(i) the law regulates the authority of registered health\npractitioners or students to administer, obtain, possess,\nprescribe, sell, supply or use scheduled medicines; and\n(ii) the offence relates to registered health practitioners or\nstudents administering, obtaining, possessing, prescribing,\nselling, supplying or using scheduled medicines; but\n(b) does not include an offence declared or prescribed by a law of\nthe jurisdiction not to be a scheduled medicine offence for the\n","sortOrder":147},{"sectionNumber":"131","sectionType":"section","heading":"Change in principal place of practice, address or name","content":"131 Change in principal place of practice, address or name\n(1) A registered health practitioner must, within 30 days of any of the\nfollowing changes happening, give the National Board established for\nthe practitioner’s health profession written notice of the change and any\nevidence providing proof of the change required by the Board—\n(a) a change in the practitioner’s principal place of practice;\n(b) a change in the address provided by the registered health\npractitioner as the address the Board should use in\ncorresponding with the practitioner;\n(c) a change in—\n(i) the practitioner’s name; or\n(ii) an alternative name for the practitioner notified to the\nBoard under section 131A.\n\n","sortOrder":148},{"sectionNumber":"131A","sectionType":"section","heading":"Nomination of an alternative name","content":"131A Nomination of an alternative name\n(1) A registered health practitioner registered in a health profession, or\nan applicant for registration in a health profession, may, by written\nnotice given to the National Board for the health profession, nominate\nan alternative name.\n(2) If the alternative name nominated by a registered health practitioner\nis a prohibited name, the National Board may decide to—\n(a) refuse to record the name in a National Register or Specialists\nRegister; and\n(b) refuse to include the name on the registered health practitioner’s\ncertificate of registration.\n(3) If the National Board makes a decision under subsection (2), it must\ngive written notice of the decision, including the reasons for the\ndecision, to the registered health practitioner.\nprohibited name means a name that—\n(a) is obscene or offensive; or\n(b) could not practicably be established by repute or usage—\n(i) because it is too long; or\n(ii) because it consists of or includes symbols without phonetic\nsignificance; or\n(iii) because it is or includes a statement or phrase; or\n(iv) for another reason; or\n(c) includes or resembles—\n\n(i) an official title or rank; or\n(ii) a protected title specified in the Table to section 113; or\n(iii) a specialist title; or\n(iv) the title ‘dental specialist’; or\n(v) the title ‘medical specialist’; or\n(d) is contrary to the public interest for another reason.\n","sortOrder":149},{"sectionNumber":"131B","sectionType":"section","heading":"Use of names","content":"131B Use of names\n(1) A registered health practitioner must not use a name in connection\nwith the practitioner’s provision of a health service, including\nadvertising the provision of a health service, other than—\n(a) either or both of the following names recorded in a National\nRegister or Specialists Register under section 225—\n(i) the practitioner’s name;\n(ii) an alternative name for the practitioner notified to the\nBoard under section 131A; or\n(b) a business name.\n","sortOrder":150},{"sectionNumber":"132","sectionType":"section","heading":"National Board may ask registered health practitioner for","content":"132 National Board may ask registered health practitioner for\npractice information\n(1) A National Board may, at any time by written notice given to a health\nestablished, ask the practitioner to give the Board a written notice\ncontaining practice information for the practitioner.\n(2) The registered health practitioner must not, without reasonable\nexcuse, fail to comply with the notice from the Board.\n\n(3) A contravention of subsection (2) by a registered health practitioner\npractice information, for a registered health practitioner practising in\nthe health profession for which the practitioner is registered, means\neach of the following, as it applies to the current practice, and all\nprevious practices, of the profession by the practitioner—\n(a) if the practitioner is, or was, self-employed—\n(i) that the practitioner is, or was, self-employed; and\n(ii) the address of each of the premises at which the\npractitioner practises, or practised; and\n(iii) if the practitioner practises, or practised, under a business\nname or names—each business name; and\n(iv) if the practitioner shares, or shared, premises and the cost\nof the premises with other registered health practitioners—\nthe names of the other registered health practitioners;\n(b) if the practitioner has, or had, a practice arrangement with one\nor more entities—the name, address and contact details of each\nentity;\nExample of practice arrangement\nA physiotherapist practises, or practised, physiotherapy as a volunteer at a\nsporting club or charity under an arrangement with that entity.\n(c) if the practitioner practises, or practised, under a name or names\nthat are not the same as the name under which the practitioner is\nregistered under this Law—the other name or names.\npremises at which the practitioner practises does not include the\nresidential premises of a patient of the practitioner.\n\nSubdivision 4 Advertising\n","sortOrder":151},{"sectionNumber":"133","sectionType":"section","heading":"Advertising","content":"133 Advertising\n(1) A person must not advertise a regulated health service, or a business\nthat provides a regulated health service, in a way that—\n(a) is false, misleading or deceptive or is likely to be misleading or\ndeceptive; or\n(b) offers a gift, discount or other inducement to attract a person to\nuse the service or the business, unless the advertisement also\nstates the terms and conditions of the offer; or\n(c) uses testimonials or purported testimonials about the service or\nbusiness; or\n(d) creates an unreasonable expectation of beneficial treatment; or\n(e) directly or indirectly encourages the indiscriminate or\nunnecessary use of regulated health services.\n(a) in the case of an individual—$60,000; or\n(2) A person does not commit an offence against subsection (1) merely\nbecause the person, as part of the person’s business, prints or\npublishes an advertisement for another person.\n(3) In proceedings for an offence against this section, a court may have\nregard to a guideline approved by a National Board about the\nadvertising of regulated health services.\nregulated health service means a service provided by, or usually\nprovided by, a health practitioner.\n\nSubdivision 5 Board’s powers to check identity and\ncriminal history\n","sortOrder":152},{"sectionNumber":"134","sectionType":"section","heading":"Evidence of identity","content":"134 Evidence of identity\n(1) A National Board may, at any time, require a registered health\npractitioner to provide evidence of the practitioner’s identity.\n(2) A requirement under subsection (1) must be made by written notice\ngiven to the registered health practitioner.\n(3) The registered health practitioner must not, without reasonable\nexcuse, fail to comply with the notice.\n(4) A contravention of subsection (3) by a registered health practitioner\n(5) If a registered health practitioner gives a National Board a document\nas evidence of the practitioner’s identity under this section, the Board\nmay, by written notice, ask the entity that issued the document—\n(a) to confirm the validity of the document; or\n(b) to give the Board other information relevant to the practitioner’s\nidentity.\n(6) An entity given a notice under subsection (5) is authorised to provide\nthe information requested.\n","sortOrder":153},{"sectionNumber":"135","sectionType":"section","heading":"Criminal history check","content":"135 Criminal history check\n(1) A National Board may, at any time, obtain a written report about a\nregistered health practitioner’s criminal history from any of the\n(a) ACC;\n(b) a police commissioner;\n\n(c) an entity in a jurisdiction outside Australia that has access to\nrecords about the criminal history of persons in that jurisdiction.\n(2) Without limiting subsection (1), a report may be obtained under that\nsubsection—\n(a) to check a statement made by a registered health practitioner in\nthe practitioner’s application for renewal of registration; or\n(b) as part of an audit carried out by a National Board, to check\nstatements made by registered health practitioners.\n(3) A criminal history law does not apply to a report under subsection (1).\nSubdivision 6 General\n","sortOrder":154},{"sectionNumber":"136","sectionType":"section","heading":"Directing or inciting unprofessional conduct or","content":"136 Directing or inciting unprofessional conduct or\nprofessional misconduct\n(1) A person must not direct or incite a registered health practitioner to\ndo anything, in the course of the practitioner’s practice of the health\nprofession, that amounts to unprofessional conduct or professional\nmisconduct.\n(a) in the case of an individual—$60,000; or\n(2) Subsection (1) does not apply to a person who is the owner or operator\nof a public health facility.\n","sortOrder":155},{"sectionNumber":"137","sectionType":"section","heading":"Surrender of registration","content":"137 Surrender of registration\n(1) A registered health practitioner may, by written notice given to the\nNational Board established for the practitioner’s health profession,\nsurrender the practitioner’s registration.\n\n(2) The surrender of the registration takes effect on—\n(a) the day the National Board receives the notice under\nsubsection (1); or\n\nPreliminary Division 1\n","sortOrder":156},{"sectionNumber":"138","sectionType":"section","heading":"Application of Part to persons who are registered health","content":"138 Application of Part to persons who are registered health\n(1) A notification may be made under this Part about, and proceedings\nmay be taken under this Part against, a person who is a registered\nhealth practitioner in relation to behaviour that—\n(a) occurs while the practitioner is registered in a health profession\nunder this Law; or\n(b) occurred before the practitioner was registered in a health\n(c) occurred during any other period in which the practitioner was\nnot registered in a health profession under this Law, including,\nfor example, if the registration had ended or was cancelled,\nsuspended or withdrawn.\n(2) A registered health practitioner’s behaviour that occurred at a time\nspecified in subsection (1) (b) or (c) may not constitute—\n(a) unsatisfactory professional performance; or\n(b) unprofessional conduct, except as provided by section 139.\n","sortOrder":157},{"sectionNumber":"139","sectionType":"section","heading":"Proceedings in relation to practitioner’s behaviour while","content":"139 Proceedings in relation to practitioner’s behaviour while\ntemporarily unregistered\n(a) proceedings are taken under this Part against a person who is a\nregistered health practitioner; and\n\n(b) the panel or tribunal is satisfied the behaviour to which the\nproceedings relate occurred—\n(i) after the practitioner’s registration ended under section 108\n(2) (a); and\n(ii) while the practitioner continued to practise the health\n(2) The proceedings may be taken and findings may be made as if the\npractitioner were registered at the time the behaviour occurred.\n(3) Subsection (2) does not prevent a finding of unprofessional conduct\non the basis the person was contravening a provision of Division 10\nof Part 7, whether or not the person has been prosecuted for, or\nconvicted of, an offence in relation to the contravention.\nbehaviour includes—\n(a) continuing to take or use a title protected under Subdivision 1 of\n","sortOrder":158},{"sectionNumber":"Div 10","sectionType":"division","heading":"of Part 7 for a health profession; or","content":"Division 10 of Part 7 for a health profession; or\n(b) continuing to undertake a practice protected under Subdivision 2\nof Division 10 of Part 7 for a health profession.\n","sortOrder":159},{"sectionNumber":"139A","sectionType":"section","heading":"Application of Part to persons who were registered health","content":"139A Application of Part to persons who were registered health\n(1) This section applies to a person who was, but is no longer, registered\nin a health profession under this Law.\n(2) A notification may be made under this Part about, and proceedings\nmay be taken under this Part against, the person as if the person were\nstill registered in a health profession under this Law in relation to\nbehaviour that occurred while the person was registered.\n(3) For the purposes of subsection (2), this Part (other than Divisions 2\nand 6) applies, with any necessary changes, to the person as if a\nreference to a registered health practitioner included that person.\n\n","sortOrder":160},{"sectionNumber":"139B","sectionType":"section","heading":"Application of Part to persons who were registered under","content":"139B Application of Part to persons who were registered under\ncorresponding prior Act\n(1) This section applies to a person who—\n(a) was registered in a health profession under a corresponding prior\nAct; and\n(b) is not, and has not been, registered in a health profession under\n(2) A notification may be made under this Part about, and proceedings\nmay be taken under this Part against, the person as if the person were\nregistered in a health profession under this Law in relation to\nbehaviour that occurred while the person was registered under the\ncorresponding prior Act.\n(3) However, subsection (2) applies only to the extent—\n(a) a notification about the person’s behaviour could have been\nmade under the corresponding prior Act; and\n(b) proceedings could have been taken under the corresponding\nprior Act.\n(4) For the purposes of subsection (2), this Part (other than Divisions 2\nand 7) applies, with any necessary changes, to the person as if a\nreference to a registered health practitioner included that person.\n","sortOrder":161},{"sectionNumber":"140","sectionType":"section","heading":"Definition of notifiable conduct","content":"140 Definition of notifiable conduct\nnotifiable conduct, in relation to a registered health practitioner,\nmeans—\n(a) practising the practitioner’s profession while intoxicated by\nalcohol or drugs; or\n\n(b) engaging in sexual misconduct in connection with the practice\nof the practitioner’s profession; or\n(c) placing the public at risk of substantial harm in the practitioner’s\npractice of the profession because the practitioner has an\nimpairment; or\n(d) placing the public at risk of harm by practising the profession in\na way that constitutes a significant departure from accepted\nprofessional standards.\n","sortOrder":162},{"sectionNumber":"141","sectionType":"section","heading":"Mandatory notifications by health practitioners other than","content":"141 Mandatory notifications by health practitioners other than\ntreating practitioners\n(1) This section applies to a registered health practitioner (the first health\npractitioner) who, in the course of practising the first health\npractitioner’s profession, forms a reasonable belief that—\n(a) another registered health practitioner (the second health\npractitioner) has behaved in a way that constitutes notifiable\nconduct; or\n(b) a student has an impairment that, in the course of the student\nundertaking clinical training, may place the public at substantial\nrisk of harm.\n(2) The first health practitioner must, as soon as practicable after forming\npractitioner’s notifiable conduct or the student’s impairment.\nunder this Law. Section 237 (3) provides that the making of a notification\ndoes not constitute a breach of professional etiquette or ethics or a\ndeparture from accepted standards of professional conduct and nor is any\nliability for defamation incurred.\n\n(2A) However, subsection (2) does not apply if the first health practitioner\nforms the reasonable belief in the course of providing a health service\nto the second health practitioner or student.\n(3) A contravention of subsection (2) by a registered health practitioner\naction may be taken under this Part.\n(4) For the purposes of subsection (1), the first health practitioner does\nnot form the reasonable belief in the course of practising the\n(a) the first health practitioner—\n(i) is employed or otherwise engaged by an insurer that\nprovides professional indemnity insurance that relates to\nthe second health practitioner or student; and\n(ii) forms the reasonable belief the second health practitioner\nhas behaved in a way that constitutes notifiable conduct, or\nthe student has an impairment, as a result of a disclosure\nmade by a person to the first health practitioner in the\ncourse of a legal proceeding or the provision of legal\nadvice arising from the insurance policy; or\n(b) the first health practitioner forms the reasonable belief in the\ncourse of providing advice in relation to the notifiable conduct\nor impairment for the purposes of a legal proceeding or the\npreparation of legal advice; or\n(c) the first health practitioner is a legal practitioner and forms the\nreasonable belief in the course of providing legal services to the\nsecond health practitioner or student in relation to a legal\nproceeding or the preparation of legal advice in which the\nnotifiable conduct or impairment is an issue; or\n\n(d) the first health practitioner—\n(i) forms the reasonable belief in the course of exercising\nfunctions as a member of a quality assurance committee,\ncouncil or other body approved or authorised under an Act\nof a participating jurisdiction; and\n(ii) is unable to disclose the information that forms the basis of\nthe reasonable belief because a provision of that Act\nprohibits the disclosure of the information; or\n(e) the first health practitioner knows, or reasonably believes, the\nNational Agency has been notified of the notifiable conduct or\nimpairment that forms the basis of the reasonable belief.\n","sortOrder":163},{"sectionNumber":"141A","sectionType":"section","heading":"Mandatory notifications by treating practitioners of","content":"141A Mandatory notifications by treating practitioners of\nsexual misconduct\n(1) This section applies to a registered health practitioner (the treating\npractitioner) who, in the course of providing a health service to\nanother registered health practitioner (the second health practitioner),\nforms a reasonable belief that the second health practitioner has\nengaged, is engaging, or is at risk of engaging, in sexual misconduct\nin connection with the practice of the practitioner’s profession.\n(2) The treating practitioner must, as soon as practicable after forming\npractitioner’s conduct that forms the basis of the reasonable belief.\n(3) A contravention of subsection (2) by the treating practitioner does not\nconstitute an offence but may constitute behaviour for which action\nmay be taken under this Part.\n(4) This section applies subject to section 141C.\n\n","sortOrder":164},{"sectionNumber":"141B","sectionType":"section","heading":"Mandatory notifications by treating practitioners of","content":"141B Mandatory notifications by treating practitioners of\nsubstantial risk of harm to public\n(1) Subsection (2) applies to a registered health practitioner (the treating\npractitioner) who, in the course of providing a health service to\nanother registered health practitioner (the second health practitioner),\nforms a reasonable belief that the second health practitioner is placing\nthe public at substantial risk of harm by practising the profession—\n(a) while the practitioner has an impairment; or\n(b) while intoxicated by alcohol or drugs; or\n(c) in a way that constitutes a significant departure from accepted\nprofessional standards.\n(2) The treating practitioner must, as soon as practicable after forming\npractitioner’s conduct that forms the basis of the reasonable belief.\n(3) Subsection (4) applies to a registered health practitioner (also the\ntreating practitioner) who, in the course of providing a health service\nto a student, forms a reasonable belief that the student has an\nimpairment that, in the course of the student undertaking clinical\ntraining, may place the public at substantial risk of harm.\n(4) The treating practitioner must, as soon as practicable after forming\nthe reasonable belief, notify the National Agency of the student’s\nimpairment.\n\n(5) In considering whether the public is being, or may be, placed at\nsubstantial risk of harm, the treating practitioner may consider the\nfollowing matters relating to an impairment of the second health\npractitioner or student—\n(a) the nature, extent and severity of the impairment;\n(b) the extent to which the second health practitioner or student is\ntaking, or is willing to take, steps to manage the impairment;\n(c) the extent to which the impairment can be managed with\nappropriate treatment;\n(d) any other matter the treating practitioner considers is relevant to\nthe risk of harm the impairment poses to the public.\n(6) A contravention of subsection (2) or (4) by the treating practitioner\naction may be taken under this Part.\n(7) This section applies subject to section 141C.\n","sortOrder":165},{"sectionNumber":"141C","sectionType":"section","heading":"When practitioner does not form reasonable belief in","content":"141C When practitioner does not form reasonable belief in\ncourse of providing health service\n(1) This section applies if a registered health practitioner (the first health\npractitioner) forms a reasonable belief about—\n(a) a matter, relating to another registered health practitioner (the\nsecond health practitioner), mentioned in section 141A(1) or\n141B(1); or\n(b) a matter, relating to a student, mentioned in section 141B(3).\n\n(2) For this Division, the first health practitioner is taken not to form the\nreasonable belief in the course of providing a health service to the\nsecond health practitioner or student if—\n(a) the first health practitioner—\n(i) is employed or otherwise engaged by an insurer that\nprovides professional indemnity insurance that relates to\nthe second health practitioner or student; and\n(ii) forms the reasonable belief about the matter as a result of\na disclosure made by a person to the first health practitioner\nin the course of a legal proceeding or the provision of legal\nadvice arising from the insurance policy; or\n(b) the first health practitioner forms the reasonable belief in the\ncourse of providing advice in relation to the matter for the\npurposes of a legal proceeding or the preparation of legal advice;\nor\n(c) the first health practitioner is a legal practitioner and forms the\nreasonable belief in the course of providing legal services to the\nsecond health practitioner or student in relation to a legal\nproceeding or the preparation of legal advice in which the matter\nis an issue; or\n(d) the first health practitioner—\n(i) forms the reasonable belief in the course of exercising\nfunctions as a member of a quality assurance committee,\ncouncil or other body approved or authorised under an Act\nof a participating jurisdiction; and\n(ii) is unable to disclose the information that forms the basis of\nthe reasonable belief because a provision of that Act\nprohibits the disclosure of the information; or\n(e) the first health practitioner knows, or reasonably believes, the\nNational Agency has been notified of the matter that forms the\nbasis of the reasonable belief.\n\n","sortOrder":166},{"sectionNumber":"142","sectionType":"section","heading":"Mandatory notifications by employers","content":"142 Mandatory notifications by employers\n(1) If an employer of a registered health practitioner reasonably believes\nthe health practitioner has behaved in a way that constitutes notifiable\nconduct, the employer must notify the National Agency of the\nnotifiable conduct.\nAn employer takes action against a registered health practitioner by withdrawing or\nrestricting the practitioner’s clinical privileges at a hospital because the employer\nreasonably believes the public is at risk of harm by the practitioner practising the\nprofession in a way that constitutes a significant departure from accepted\nprofessional standards—see paragraph (d) of the definition of notifiable conduct in\nsection 140. The employer must notify the National Agency of the notifiable\nconduct.\nunder this Law. Section 237 (3) provides that the making of a notification\ndoes not constitute a breach of professional etiquette or ethics or a\ndeparture from accepted standards of professional conduct and nor is any\nliability for defamation incurred.\n(2) If the National Agency becomes aware that an employer of a\nregistered health practitioner has failed to notify the Agency of\nnotifiable conduct as required by subsection (1), the Agency must\ngive a written report about the failure to the responsible Minister for\nthe participating jurisdiction in which the notifiable conduct occurred.\n(3) As soon as practicable after receiving a report under subsection (2),\nthe responsible Minister must report the employer’s failure to notify\nthe Agency of the notifiable conduct to a health complaints entity, the\nemployer’s licensing authority or another appropriate entity in that\nparticipating jurisdiction.\nemployer, of a registered health practitioner, means an entity that\nemploys the health practitioner under a contract of employment or a\ncontract for services.\n\nlicensing authority, of an employer, means an entity that under a law\nof a participating jurisdiction is responsible for licensing, registering\nor authorising the employer to conduct the employer’s business.\n","sortOrder":167},{"sectionNumber":"143","sectionType":"section","heading":"Mandatory notifications by education providers","content":"143 Mandatory notifications by education providers\n(1) An education provider must notify the National Agency if the\nprovider reasonably believes—\n(a) a student enrolled in a program of study provided by the provider\nhas an impairment that, in the course of the student undertaking\nclinical training as part of the program of study, may place the\npublic at substantial risk of harm; or\n(b) a student for whom the education provider has arranged clinical\ntraining has an impairment that, in the course of the student\nundertaking the clinical training, may place the public at\nsubstantial risk of harm;\nadministrative liability for persons who make a notification under this\nLaw. Section 237 (3) provides that the making of a notification does not\nconstitute a breach of professional etiquette or ethics or a departure from\naccepted standards of professional conduct and nor is any liability for\ndefamation incurred.\n(2) A contravention of subsection (1) does not constitute an offence.\n(3) However, if an education provider does not comply with\nsubsection (1)—\n(a) the National Board established for the student’s health profession\nmust publish details of the failure on the Board’s website; and\nNational Board, include a statement about the failure in the\nAgency’s annual report.\n\n","sortOrder":168},{"sectionNumber":"144","sectionType":"section","heading":"Grounds for voluntary notification","content":"144 Grounds for voluntary notification\n(1) A voluntary notification about a registered health practitioner may be\nmade to the National Agency on any of the following grounds—\n(a) that the practitioner’s professional conduct is, or may be, of a\nlesser standard than that which might reasonably be expected of\nthe practitioner by the public or the practitioner’s professional\npeers;\n(b) that the knowledge, skill or judgment possessed, or care\nexercised by, the practitioner in the practice of the practitioner’s\nhealth profession is, or may be, below the standard reasonably\nexpected;\n(c) that the practitioner is not, or may not be, a suitable person to\nhold registration in the health profession, including, for\nexample, that the practitioner is not a fit and proper person to be\nregistered in the profession;\n(d) that the practitioner has, or may have, an impairment;\n(e) that the practitioner has, or may have, contravened this Law;\n(f) that the practitioner has, or may have, contravened a condition\nof the practitioner’s registration or an undertaking given by the\npractitioner to a National Board;\n(g) that the practitioner’s registration was, or may have been,\nimproperly obtained because the practitioner or someone else\ngave the National Board information or a document that was\nfalse or misleading in a material particular.\n\nMaking a notification Division 4\n(2) A voluntary notification about a student may be made to the National\nAgency on the grounds that—\n(a) the student has been charged with an offence, or has been\nconvicted or found guilty of an offence, that is punishable by 12\nmonths imprisonment or more; or\n(b) the student has, or may have, an impairment; or\n(c) that the student has, or may have, contravened a condition of the\nstudent’s registration or an undertaking given by the student to\na National Board.\n","sortOrder":169},{"sectionNumber":"145","sectionType":"section","heading":"Who may make voluntary notification","content":"145 Who may make voluntary notification\nAny entity that believes that a ground on which a voluntary\nnotification may be made exists in relation to a registered health\npractitioner or a student may notify the National Agency.\n","sortOrder":170},{"sectionNumber":"Div 4","sectionType":"division","heading":"Making a notification","content":"Division 4 Making a notification\n","sortOrder":171},{"sectionNumber":"146","sectionType":"section","heading":"How notification is made","content":"146 How notification is made\n(1) A notification may be made to the National Agency—\n(a) verbally, including by telephone; or\n(b) in writing, including by email or other electronic means.\n(2) A notification must include particulars of the basis on which it is\nmade.\n(3) If a notification is made verbally, the National Agency must make a\nrecord of the notification.\n\n","sortOrder":172},{"sectionNumber":"147","sectionType":"section","heading":"National Agency to provide reasonable assistance to","content":"147 National Agency to provide reasonable assistance to\nnotifier\n(1) The National Agency must, if asked by an entity, give the entity\nreasonable assistance to make a notification about a registered health\npractitioner or student.\n(2) Without limiting subsection (1), the National Agency may assist an\nentity to make a notification if—\n(a) the entity is not able to put the entity’s notification in writing\nwithout assistance; or\n(b) the entity needs assistance to clarify the nature of the\nindividual’s notification.\n","sortOrder":173},{"sectionNumber":"148","sectionType":"section","heading":"Referral of notification to National Board or co-regulatory","content":"148 Referral of notification to National Board or co-regulatory\nauthority\n(1) Subject to subsections (2) and (3), the National Agency must, as soon\nas practicable after receiving a notification about a registered health\npractitioner or a student, refer the notification to the National Board\nestablished for the practitioner’s or student’s health profession.\n(2) If the behaviour that is the basis for the ground for the notification\noccurred, or is reasonably believed to have occurred, in a co-\nregulatory jurisdiction, the National Agency—\n(a) must not deal with the notification; and\n(b) must, as soon as practicable after receiving the notification, refer\nthe notification to the co-regulatory authority for the co-\nregulatory jurisdiction.\n\n(3) If the behaviour that is the basis for the ground for the notification\noccurred, or is reasonably believed to have occurred, in more than one\njurisdiction and one of the jurisdictions is a co-regulatory jurisdiction,\nthe National Agency must—\n(a) if the registered health practitioner’s principal place of practice\nis in the co-regulatory jurisdiction, refer the notification under\nsubsection (2); or\n(b) otherwise, refer the notification under subsection (1).\n","sortOrder":174},{"sectionNumber":"149","sectionType":"section","heading":"Preliminary assessment","content":"149 Preliminary assessment\n(1) A National Board must, within 60 days after receipt of a notification,\nconduct a preliminary assessment of the notification and decide—\n(a) whether or not the notification relates to a person who is a health\npractitioner or a student registered in a health profession for\nwhich the Board is established; and\n(b) whether or not the notification relates to a matter that is a ground\nfor notification; and\n(c) if the notification is a notification referred to in paragraphs (a)\nand (b), whether or not it is a notification that could also be made\nto a health complaints entity.\n(2) Without limiting subsection (1) (b), the National Board may decide\nthe notification relates to a matter that is a ground for notification\nunder section 144 on the basis of—\n(a) a single notification about a person; or\n(b) a number of notifications about a person including—\n(i) a number of notifications that suggest a pattern of conduct;\nand\n(ii) notifications made to a health complaints entity.\n\n(3) If the National Board decides the notification relates to a person who\nis not registered in a health profession for which the Board is established\nbut the Board reasonably suspects the person is registered in a health\nprofession for which another National Board is established, the Board\nmust refer the notification to that other Board.\n","sortOrder":175},{"sectionNumber":"149A","sectionType":"section","heading":"Power to require information","content":"149A Power to require information\n(1) For the purpose of conducting the preliminary assessment of a\nnotification, a National Board may, by written notice given to a\nperson, require the person to give specified information or produce\nspecified documents to the Board within a specified reasonable time\nand in a specified reasonable way.\n(2) The person must comply with the notice unless the person has a\nreasonable excuse.\n(3) Without limiting subsection (2), it is a reasonable excuse for an\nindividual not to give information or produce a document if giving\nthe information or producing the document might tend to incriminate\nthe individual.\n","sortOrder":176},{"sectionNumber":"149B","sectionType":"section","heading":"Inspection of documents","content":"149B Inspection of documents\n(1) If a document is produced to a National Board, the Board may—\n(c) keep the document while it is necessary for the preliminary\nassessment of a notification.\n\n(2) If the National Board keeps the document, the Board must permit a\nreasonable time and in the reasonable way decided by the Board.\n","sortOrder":177},{"sectionNumber":"150","sectionType":"section","heading":"Relationship with health complaints entity","content":"150 Relationship with health complaints entity\n(1) If a National Board receives a complaint, the board must, as soon as\npracticable after its receipt—\n(a) notify the health complaints entity that the Board has received\nthe notification; and\n(b) give to the health complaints entity—\n(i) a copy of the notification or, if the notification was not\nmade in writing, a copy of the National Agency’s record of\nthe details of the notification; and\n(ii) any other information the Board has that is relevant to the\nnotification.\n(2) If a health complaints entity receives a complaint about a health\npractitioner, the health complaints entity must, as soon as practicable\nafter its receipt—\n(a) notify the National Board established for the practitioner’s\nhealth profession that the health complaints entity has received\nthe complaint; and\n(b) give to the National Board—\n(i) a copy of the complaint or, if the complaint was not made\nin writing, a copy of the health complaints entity’s record\nof the details of the complaint; and\n(ii) any other information the health complaints entity has that\nis relevant to the complaint.\n\n(3) The National Board and the health complaints entity must attempt to\nreach agreement about how the notification or complaint is to be dealt\nwith, including—\n(a) whether the Board is to deal with the notification or complaint,\nor part of the notification or complaint, or to decide to take no\nfurther action in relation to it; and\n(b) if the Board is to deal with the notification or complaint or part\nof the notification or complaint, the action the Board is to take.\n(4) If the National Board and the health complaints entity are not able to\nreach agreement on how the notification or complaint, or part of the\nnotification or complaint, is to be dealt with, the most serious action\nproposed by either must be taken.\n(4A) The action that may be taken in relation to a notification or complaint,\nor part of a notification or complaint, from most serious to least\nserious, is as follows:\n(a) deal with the notification or complaint, or part, under part 8,\ndivision 7 (Immediate action);\n(aa) deal with the notification or complaint, or part, under part 8,\ndivision 7A (Interim prohibition orders);\n(b) refer the notification or complaint, or part, to the responsible\ntribunal under part 8, division 12 (Referring matter to\nresponsible tribunals);\n(c) refer the notification or complaint, or part, to the health\ncomplaints entity to be considered under the Human Rights\nCommission Act 2005;\n(ca) refer the notification or complaint, or part, to another entity\nunder section 150A (Referral to other entities);\n(d) investigate the notification or complaint, or part, under part 8,\ndivision 8 (Investigations);\n\n(e) deal with the notification or complaint, or part, as a professional\nstandards matter under part 8, division 11 (Panels);\n(f) deal with the notification or complaint, or part, as a health matter\nunder part 8, division 11 (Panels);\n(g) take action under part 8, division 10 (Action by National Board);\n(h) decide to take no further action in relation to the notification,\ncomplaint, or part, in accordance with section 151 (When\nNational Board may decide to take no further action).\n(5) If an investigation or other action, other than conciliation, taken by a\nhealth complaints entity raises issues about the health, conduct or\nperformance of a registered health practitioner, the health complaints\nentity must give the National Board established for the practitioner’s\nhealth profession written notice of the issues.\n(5A) If a notification or complaint is referred to the health complaints\nentity for consideration under subsection (4A) (c), the health\ncomplaints entity must report the results of the consideration to the\nNational Board as soon as practicable.\n(6) If a notification, or part of a notification, received by a National Board\nis referred to a health complaints entity, the Board may decide to take\nno further action in relation to the notification or the part of the\nnotification until the entity gives the Board written notice that the\nentity has finished dealing with it.\n(7) If a National Board or an adjudication body takes health, conduct or\nperformance action in relation to a registered health practitioner, the\nBoard established for the practitioner’s health profession must give\nwritten notice of the action to the health complaints entity for the\nparticipating jurisdiction in which the behaviour that provided the\nbasis for the action occurred.\n(8) A written notice under subsection (5) or (7) must include—\n(a) sufficient particulars to identify the registered health\npractitioner; and\n\n(b) details of—\n(i) the issues raised about the health, conduct or performance\nof the registered health practitioner; or\n(ii) the health, conduct or performance action taken in relation\nto the registered health practitioner.\n","sortOrder":178},{"sectionNumber":"150A","sectionType":"section","heading":"Referral to other entities","content":"150A Referral to other entities\n(1) If, after conducting the preliminary assessment of a notification, the\nNational Board decides the subject matter, or part of the subject\nmatter, of the notification may be dealt with by another entity, the\nBoard may refer the notification or part of the notification to the other\nentity.\n(2) A decision by the National Board to refer a notification or part of a\nnotification to another entity does not prevent the Board from\ncontinuing to deal with the notification or part of the notification.\n(3) If the National Board decides to refer a notification or part of a\nnotification to another entity, it must give the other entity—\n(a) a copy of the notification or, if the notification was not made in\nwriting, a copy of the Board’s record of the details of the\nnotification; and\n(b) any other information the Board has that is relevant to the\nnotification.\n(4) The National Board may ask the other entity to give the Board\ninformation about how the subject matter of the notification or the\npart of the notification was resolved.\n(5) The other entity may provide the information requested by the\n\n","sortOrder":179},{"sectionNumber":"151","sectionType":"section","heading":"When National Board may decide to take no further","content":"151 When National Board may decide to take no further\naction\n(1) Subject to section 150, a National Board may decide to take no further\naction in relation to a notification if—\n(a) the Board reasonably believes the notification is frivolous,\nvexatious, misconceived or lacking in substance; or\n(b) given the amount of time that has elapsed since the matter the\nsubject of the notification occurred, it is not practicable for the\nBoard to investigate or otherwise deal with the notification; or\n(c) the person to whom the notification relates has not been, or is no\nlonger, registered in a health profession for which the Board is\nestablished and it is not in the public interest for the Board to\ninvestigate or otherwise deal with the notification; or\n(d) the subject matter of the notification has already been dealt with\nadequately by the Board; or\n(e) the subject matter of the notification—\n(i) is being dealt with, or has already been dealt with, by\nanother entity; or\n(ii) has been referred by the Board under section 150 or 150A\nto another entity to be dealt with by that entity; or\n(f) the health practitioner to whom the notification relates has taken\nappropriate steps to remedy the matter the subject of the\nnotification and the Board reasonably believes no further action\nis required in relation to the notification.\n(1A) A National Board may decide to take no further action in relation to\npart of a notification if the subject matter of the part of the notification\nhas been referred by the Board under section 150 or 150A to another\nentity to be dealt with by that entity.\n\n(2) A decision by a National Board to decide to take no further action in\nrelation to a notification does not prevent a National Board or\nadjudication body taking the notification into consideration at a later\ntime as part of a pattern of conduct or practice by the health\n(3) If a National Board decides to take no further action in relation to a\nnotification it must give written notice of the decision to the notifier.\n(4) A notice under subsection (3) must state—\n(a) that the National Board has decided to take no further action in\nrelation to the notification; and\n(b) the reason the Board has decided to take no further action.\n","sortOrder":180},{"sectionNumber":"152","sectionType":"section","heading":"National Board to give notice of receipt of notification","content":"152 National Board to give notice of receipt of notification\n(1) A National Board must, as soon as practicable after receiving a\nnotification about a registered health practitioner or student, give\nwritten notice of the notification to the practitioner or student.\n(2) The notice must advise the registered health practitioner or student\nof—\n(a) the nature of the notification; and\n(b) the powers that the board might exercise in relation to the\nnotification; and\n(c) the procedural rights that the health practitioner or student has\nunder this Act.\n(2A) If a National Board approves a form for the notice, the notice must be\nin the approved form.\n(3) Despite subsection (1), the National Board is not required to give the\nregistered health practitioner or student notice of the notification if\nthe Board reasonably believes doing so would—\n(a) prejudice an investigation of the notification; or\n\nOther matters Division 6\n(b) place at risk a person’s health or safety or place a person at risk\nof intimidation or harassment.\n","sortOrder":181},{"sectionNumber":"Div 6","sectionType":"division","heading":"Other matters","content":"Division 6 Other matters\n","sortOrder":182},{"sectionNumber":"153","sectionType":"section","heading":"National Board may deal with notifications about same","content":"153 National Board may deal with notifications about same\nperson together\nIf the National Agency receives more than one notification about a\nregistered health practitioner or student, the National Board\nestablished for the health profession in which the practitioner or\nstudent is registered may deal with the notifications together.\n","sortOrder":183},{"sectionNumber":"154","sectionType":"section","heading":"National Boards may deal with notifications","content":"154 National Boards may deal with notifications\ncollaboratively\n(1) This section applies if a notification received by a National Board\nrelates to—\n(a) a registered health practitioner who is registered in more than\none health profession; or\n(b) more than one registered health practitioner and the practitioners\nare registered in 2 or more different health professions; or\n(c) a person who is registered as a student in more than one health\n(d) more than one student and the students are registered in 2 or\nmore different health professions.\n(2) The National Board may deal with the notification in conjunction\nwith one or more other National Boards with whom the registered\nhealth practitioner or practitioners, or student or students, are\n\n","sortOrder":184},{"sectionNumber":"155","sectionType":"section","heading":"Definition","content":"155 Definition\nimmediate action, in relation to a registered health practitioner or\nstudent, means—\n(a) the suspension, or imposition of a condition on, the health\npractitioner’s or student’s registration; or\n(b) accepting an undertaking from the health practitioner or student;\nor\n(c) accepting the surrender of the health practitioner’s or student’s\n(d) if immediate action has previously been taken suspending a\nhealth practitioner’s or student’s registration—the revocation of\nthe suspension and the imposition of a condition on the\n(e) if immediate action has previously been taken imposing a\ncondition on a health practitioner’s or student’s registration—\nthe suspension of the registration instead of the condition.\n","sortOrder":185},{"sectionNumber":"156","sectionType":"section","heading":"Power to take immediate action","content":"156 Power to take immediate action\n(1) A National Board may take immediate action in relation to a\nregistered health practitioner or student registered in a health\nprofession for which the Board is established if—\n(a) the National Board reasonably believes that—\n(i) because of the registered health practitioner’s health,\nconduct or performance, the practitioner poses a serious\nrisk to persons; and\n(ii) it is necessary to take immediate action to protect public\nhealth or safety; or\n\nImmediate action Division 7\n(b) the National Board reasonably believes that—\n(i) the student poses a serious risk to persons because the\nstudent—\n(A) has been charged with an offence, or has been\nconvicted or found guilty of an offence, that is\npunishable by 12 months imprisonment or more; or\n(B) has, or may have, an impairment; or\n(C) has, or may have, contravened a condition of the\nstudent’s registration or an undertaking given by the\nstudent to a National Board; and\n(ii) it is necessary to take immediate action to protect public\nhealth or safety; or\n(c) the registered health practitioner’s registration was improperly\nobtained because the practitioner or someone else gave the\nNational Board information or a document that was false or\nmisleading in a material particular; or\n(d) the registered health practitioner’s or student’s registration has\nbeen cancelled or suspended under the law of a jurisdiction,\nwhether in Australia or elsewhere, that is not a participating\n(e) the National Board reasonably believes the action is otherwise\nin the public interest.\nExample of when action may be taken in the public interest\nA registered health practitioner is charged with a serious criminal offence, unrelated\nto the practitioner’s practice, for which immediate action is required to be taken to\nmaintain public confidence in the provision of services by health practitioners.\n(2) However, the National Board may take immediate action that consists\nof suspending, or imposing a condition on, the health practitioner’s\nor student’s registration only if the Board has complied with\nsection 157.\n\n","sortOrder":186},{"sectionNumber":"157","sectionType":"section","heading":"Show cause process","content":"157 Show cause process\n(1) If a National Board is proposing to take immediate action that consists\nof suspending, or imposing a condition on, a registered health\npractitioner’s or student’s registration under section 156, the Board\nmust—\n(a) give the practitioner or student notice of the proposed immediate\naction; and\n(b) invite the practitioner or student to make a submission to the\nBoard, within the time stated in the notice about the proposed\nimmediate action.\n(2) A notice given to a registered health practitioner or student under\nsubsection (1), and any submissions made by the practitioner or\nstudent in accordance with the notice, may be written or verbal.\n(3) The National Board must have regard to any submissions made by\nthe registered health practitioner or student in accordance with this\nsection in deciding whether to take immediate action in relation to the\npractitioner or student.\n","sortOrder":187},{"sectionNumber":"158","sectionType":"section","heading":"Notice to be given to registered health practitioner or","content":"158 Notice to be given to registered health practitioner or\nstudent about immediate action\n(1) Immediately after deciding to take immediate action in relation to a\nregistered health practitioner or student, the National Board must—\n(a) give written notice of the Board’s decision to the health\npractitioner or student; and\n(b) take the further action under this Part the Board considers\nappropriate, including, for example, investigating the\npractitioner or student or requiring the practitioner or student to\nundergo a health or performance assessment.\n\nImmediate action Division 7\n(a) the immediate action the National Board has decided to take;\nand\n(b) the reasons for the decision to take the immediate action; and\n(c) the further action the National Board proposes to take under this\nPart in relation to the health practitioner or student; and\n(d) that the registered health practitioner or student may appeal\nagainst the decision to take the immediate action if the action is\nto suspend, or impose a condition on, the practitioner’s or\nstudent’s registration; and\n(e) how an application for appeal may be made and the period\n","sortOrder":188},{"sectionNumber":"159","sectionType":"section","heading":"Period of immediate action","content":"159 Period of immediate action\n(1) The decision by the National Board to take immediate action in\nrelation to the registered health practitioner or student takes effect\non—\n(a) the day the notice is given to the practitioner or student; or\n(2) The decision continues to have effect until the earlier of the following\n(a) the decision is set aside on appeal;\n(b) for the suspension of, or imposition of conditions on, the\nregistered health practitioner’s or student’s registration, the\nsuspension is revoked, or the conditions are removed, by the\nNational Board; or\n(c) for an undertaking, the National Board and the registered health\npractitioner or student agree to end the undertaking.\n\n","sortOrder":189},{"sectionNumber":"159A","sectionType":"section","heading":"Board may give information to notifier about immediate","content":"159A Board may give information to notifier about immediate\naction\npractitioner or student results in immediate action by a National\nBoard under this division in relation to the practitioner or student.\n(2) After deciding to take the immediate action, the National Board may\ninform the notifier who made the notification of the decision and the\nreasons for the decision.\n","sortOrder":190},{"sectionNumber":"159B","sectionType":"section","heading":"Definitions","content":"159B Definitions\ninterim prohibition order, in relation to an individual named in the\norder, means an order in relation to any or all of the following—\n(a) prohibiting the individual from doing either or both of the\n(i) providing a specified health service or all health services;\n(ii) taking or using a specified title or any title protected under\nSubdivision 1 of Division 10 of Part 7;\n(b) imposing restrictions on the provision of a specified health\nservice or all health services by the individual.\nrelevant provision means any of the following provisions—\n(a) section 113;\n(b) sections 115 to 119;\n(c) sections 121 to 123;\n(d) section 133;\n(e) section 136.\n\n","sortOrder":191},{"sectionNumber":"159C","sectionType":"section","heading":"Issuing of interim prohibition order","content":"159C Issuing of interim prohibition order\n(1) A regulatory body may issue an interim prohibition order to an\nunregistered person if—\n(a) the person—\n(i) has, in the regulatory body’s reasonable belief,\ncontravened a relevant provision; or\n(ii) is the subject of an assessment, investigation or other\nproceedings under this Part; and\n(b) the regulatory body reasonably believes that—\n(i) the person poses a serious risk to persons; and\n(ii) it is necessary that the person be subject to an interim\nprohibition order to protect public health or safety.\n(2) Subsection (1)(a) extends to an unregistered person who—\n(a) contravened a relevant provision while the person was a\nregistered health practitioner; or\n(b) is the subject of an assessment, investigation or other\nproceedings under this Part in relation to the person’s conduct\nwhile the person was a registered health practitioner.\n","sortOrder":192},{"sectionNumber":"159D","sectionType":"section","heading":"Show cause process for interim prohibition orders","content":"159D Show cause process for interim prohibition orders\n(1) If a regulatory body proposes to issue an interim prohibition order to\nan unregistered person, the body must give the person notice of the\nproposed order.\n(2) Notice given under subsection (1)—\n(a) may be given in writing or verbally; and\n(b) must invite the unregistered person to make written or verbal\nsubmissions to the regulatory body, within the stated time, about\nthe proposed interim prohibition order.\n\n(3) After considering any submission made by the unregistered person in\naccordance with the notice, the regulatory body must—\n(a) decide whether or not to issue the interim prohibition order; and\n(b) immediately after making the decision, give the unregistered\nperson written notice of the body’s decision.\n(4) The notice of the regulatory body’s decision must include the\n(c) if the decision is to issue the interim prohibition order—\n(i) that the unregistered person may appeal against the\n","sortOrder":193},{"sectionNumber":"159E","sectionType":"section","heading":"Decision to take urgent action to issue interim prohibition","content":"159E Decision to take urgent action to issue interim prohibition\norder\n(1) This section applies if a regulatory body—\n(a) proposes to issue an interim prohibition order to an unregistered\nperson under section 159C; and\n(b) reasonably believes it is necessary to take urgent action to issue\nthe interim prohibition order to protect public health or safety.\n(2) Despite section 159D, the regulatory body may issue the unregistered\nperson with an interim prohibition order without complying with the\nrequirements of that section.\n\n(3) The interim prohibition order must be accompanied by a notice\ninviting the unregistered person to make a written or verbal\nsubmission to the regulatory body, within the time stated in the notice,\nabout the interim prohibition order.\n(4) The time stated in the notice for the making of the submission must\nnot be less than 7 days after the notice is given to the unregistered\n(5) The regulatory body must consider any submissions made by the\nunregistered person within a reasonable time.\n(6) After considering any submission made by the unregistered person in\naccordance with the notice, the regulatory body must—\n(a) decide to confirm the issue of the interim prohibition order or\nrevoke it; and\n(b) give the unregistered person written notice of the body’s\n(7) The notice of the regulatory body’s decision must include the\n(c) if the decision is to confirm the issue of the interim prohibition\norder—\n(i) that the unregistered person may appeal against the\n\n","sortOrder":194},{"sectionNumber":"159F","sectionType":"section","heading":"Duration of interim prohibition order","content":"159F Duration of interim prohibition order\n(1) An interim prohibition order starts on the later of the following\ndays—\n(a) the day the order is issued to the unregistered person the subject\nof the order;\n(b) the day, if any, stated in the order.\n(2) Subject to section 159J(3), an interim prohibition order ends on—\n(a) unless the order is revoked or extended by a regulatory body—\n(i) the day that is 60 days after the day on which the order\nstarts; or\n(ii) the day stated in the order, which cannot be more than 60\ndays after the day on which the order starts; or\n(b) the day the order is revoked under section 159G; or\n(c) if the order is extended by a regulatory body under\nsection 159H—the day decided by the regulatory body.\n","sortOrder":195},{"sectionNumber":"159G","sectionType":"section","heading":"Revocation or variation of interim prohibition order","content":"159G Revocation or variation of interim prohibition order\n(1) A regulatory body must, as soon as practicable, revoke an interim\nprohibition order issued by the regulatory body to an unregistered\nperson if the regulatory body is satisfied the grounds on which the\norder was issued—\n(a) no longer exist in relation to the person; or\n(b) did not exist at the time the interim prohibition order was issued\nto the person.\n\n(2) Despite subsection (1), a regulatory body may vary the grounds on\nwhich an interim prohibition order was issued to an unregistered\nperson (a varied interim prohibition order) if the regulatory body—\n(a) is satisfied a different or additional ground specified in section\n159C(1)(a) exists in relation to the person; and\n(b) continues to reasonably believe the ground specified in section\n159C(1)(b) exists in relation to the person.\n(3) Section 159E(3) to (7) applies to the varied interim prohibition order,\nwith any necessary modifications, as if it were the issue of an interim\nprohibition order.\n(4) Despite subsections (1) and (2), an interim prohibition order that has\nbeen extended or substituted by a responsible tribunal may only be\nrevoked or varied by the tribunal.\nNote See sections 159L and 159M.\n","sortOrder":196},{"sectionNumber":"159H","sectionType":"section","heading":"Extension of interim prohibition order by regulatory body","content":"159H Extension of interim prohibition order by regulatory body\n(1) A regulatory body may extend an interim prohibition order, by a\nperiod of not more than 60 days, if the body reasonably believes it is\nnecessary in the circumstances.\n(2) Sections 159C to 159E apply to the proposed extension of an interim\nprohibition order, with any necessary modifications, as if it were the\nproposed issue of an interim prohibition order.\n(3) A regulatory body may extend an interim prohibition order under this\nsection only once.\n","sortOrder":197},{"sectionNumber":"159I","sectionType":"section","heading":"Regulatory body may give information to notifier about","content":"159I Regulatory body may give information to notifier about\ninterim prohibition order\n(1) This section applies if either of the following results in the issue of an\ninterim prohibition order to an unregistered person—\n(a) a notification about an unregistered person who was, but is no\nlonger, a registered health practitioner;\n\n(b) a complaint about an unregistered person.\n(2) After issuing or extending the interim prohibition order, the\nregulatory body may inform the following persons of the decision to\nissue or extend the order and the reasons for the decision—\n(a) the notifier who made the notification;\n(b) the person who made the complaint.\n","sortOrder":198},{"sectionNumber":"159J","sectionType":"section","heading":"Application for extension of interim prohibition order by","content":"159J Application for extension of interim prohibition order by\nregulatory body\n(1) This section applies if a regulatory body reasonably believes either of\nthe following grounds still exist and will continue to exist beyond the\nday on which the interim prohibition order will expire—\n(a) the grounds on which the order was issued;\n(b) the grounds on which the order was varied.\n(2) The regulatory body may, before the interim prohibition order\nexpires, apply to a responsible tribunal to extend the order.\n(3) If the regulatory body applies to a responsible tribunal for an\nextension of the interim prohibition order, the order continues until—\n(a) if the tribunal confirms the order—the day the order would have\nended under section 159F; or\n(b) if the tribunal extends the order—the day the tribunal decides\nthe order will end; or\n(c) if the tribunal substitutes another interim prohibition order for\nthe order issued by the regulatory body—the day the substituted\norder starts; or\n(d) if the order is set aside—the day the order is set aside.\n\n","sortOrder":199},{"sectionNumber":"159K","sectionType":"section","heading":"Decision about extension of interim prohibition order","content":"159K Decision about extension of interim prohibition order\n(1) After hearing an application under section 159J about an interim\nprohibition order, the responsible tribunal may decide—\n(a) an interim prohibition order is necessary; or\n(b) an interim prohibition order is not necessary.\n(2) Without limiting subsection (1), in deciding whether an interim\nprohibition order is necessary, the responsible tribunal must have\nregard to—\n(a) the nature and extent of the risk the unregistered person, because\nof the person’s health, conduct or performance, poses to—\n(i) persons; or\n(ii) public health or safety; and\n(b) whether the regulatory body has acted, and is continuing to act,\nas quickly as practicable in the circumstances to deal with the\nmatter that forms the grounds for issuing the interim prohibition\n(3) If the responsible tribunal decides an interim prohibition order is\nnecessary, it may—\n(a) confirm the interim prohibition order issued by the regulatory\nbody; or\n(b) extend the interim prohibition order issued by the regulatory\nbody, with or without amendment, for the period the tribunal\nconsiders appropriate in the circumstances; or\n(c) substitute another interim prohibition order for the order issued\nby the regulatory body.\n(4) If the responsible tribunal substitutes another interim prohibition\norder for the order issued by the regulatory body, the substituted order\ncontinues for the period the tribunal considers appropriate in the\n\n(5) If the responsible tribunal decides an interim prohibition order is not\nnecessary, the interim prohibition order is set aside.\n","sortOrder":200},{"sectionNumber":"159L","sectionType":"section","heading":"Revocation of extended or substituted interim prohibition","content":"159L Revocation of extended or substituted interim prohibition\norder by responsible tribunal\n(a) a responsible tribunal has extended or substituted an interim\nprohibition order under section 159K(3) (an extended or\nsubstituted interim prohibition order); and\n(b) a regulatory body is satisfied the grounds on which the interim\nprohibition order was issued—\n(i) no longer exist in relation to the person; or\n(ii) did not exist at the time the interim prohibition order was\nissued.\n(2) A regulatory body may, before the extended or substituted interim\nprohibition order ends, apply to the responsible tribunal to revoke the\n(3) If the regulatory body applies to the responsible tribunal for the\nrevocation of the extended or substituted interim prohibition order,\nthe order continues until—\n(a) if the responsible tribunal decides the order is necessary—the\nday on which the order ends; or\n(b) the day the order is revoked under subsection (5).\n(4) After hearing a matter about an extended or substituted interim\nprohibition order, the responsible tribunal may decide—\n(a) an interim prohibition order is necessary; or\n(b) an interim prohibition order is not necessary.\n(5) If the responsible tribunal decides an interim prohibition order is not\nnecessary, the order is revoked.\n\n","sortOrder":201},{"sectionNumber":"159M","sectionType":"section","heading":"Variation of interim prohibition order by responsible","content":"159M Variation of interim prohibition order by responsible\ntribunal\n(a) a responsible tribunal has extended or substituted an interim\nprohibition order under section 159K(3) (an extended or\nsubstituted interim prohibition order); and\n(b) a regulatory body—\n(i) is satisfied a different or additional ground specified in\nsection 159C(1)(a) exists in relation to the person; and\n(ii) continues to reasonably believe the ground specified in\nsection 159C(1)(b) exists in relation to the person.\n(2) A regulatory body may, before the extended or substituted interim\nprohibition order ends, apply to the responsible tribunal to vary the\n(3) After hearing an application under subsection (2), the responsible\ntribunal may decide—\n(a) not to vary the extended or substituted interim prohibition order\nif the tribunal is not satisfied a different or additional ground\nspecified in section 159C(1)(a) exists in relation to the person;\nor\n(b) to vary the extended or substituted interim prohibition order if\nthe tribunal is satisfied—\n(i) a different or additional ground specified in section\n159C(1)(a) exists in relation to the person; and\n(ii) the ground specified in section 159C(1)(b) continues to\nexist in relation to the person; or\n(c) an interim prohibition order is not necessary.\n(4) If the responsible tribunal decides an interim prohibition order is not\nnecessary, the order is revoked.\n\n","sortOrder":202},{"sectionNumber":"159N","sectionType":"section","heading":"Publication of information about interim prohibition","content":"159N Publication of information about interim prohibition\norders\n(1) The National Agency must publish the following information about a\nperson subject to an interim prohibition order on its website—\n(a) the person’s name;\n(b) the day the order starts;\n(c) the action prohibited or restrictions imposed by the order.\n(2) If the name of the person subject to an interim prohibition order is\nincluded in a National Register or Specialists Register, the\nrequirement in subsection (1) is satisfied if the information specified\nin that subsection is included in the register.\n(3) The requirement to publish the information does not apply if—\n(a) the regulatory body that issued the order—\n(i) issued the order without complying with the requirements\nof section 159D; and\n(ii) reasonably believes there is no overriding public interest in\nthe publication of the information; or\n(b) the person subject to the order asks the regulatory body that\nissued the order not to publish the information and the regulatory\nbody reasonably believes the publication of the information\nwould present a serious risk to the health or safety of—\n(i) the person; or\n(ii) a member of the person’s family or an associate of the\n(4) If a regulatory body decides to confirm the issue of the interim\nprohibition order after considering any submission made by the\nunregistered person under section 159E(5), the regulatory body must\npublish the information specified in subsection (1).\n\n(5) Despite subsection (4), a regulatory body may decide not to publish\nthe information specified in subsection (1) if—\n(a) the person subject to the order asks the regulatory body not to\npublish the information; and\n(b) the regulatory body reasonably believes the publication of the\ninformation would present a serious risk to the health or safety\nof—\n(i) the person; or\n(ii) a member of the person’s family or an associate of the\n(6) If an interim prohibition order is revoked or set aside—\n(a) a regulatory body must remove the information specified in\nsubsection (1) from its website; and\n(b) for information included in a National Register or Specialists\nRegister—the National Board must remove the information\nspecified in subsection (1) from the register.\n(7) In this section—\nassociate, of a person, includes a friend, neighbour or colleague of\nthe person.\nfamily, of a person, includes—\n(a) other persons related to the person by blood, marriage or\nadoption, for example, the person’s spouse, children and\nparents; and\n(b) other persons in a de facto relationship with the person; and\n(c) other persons connected to the person through Aboriginal and\nTorres Strait Islander kinship ties.\n\n","sortOrder":203},{"sectionNumber":"159O","sectionType":"section","heading":"Offences relating to interim prohibition orders","content":"159O Offences relating to interim prohibition orders\n(1) A person must not contravene an interim prohibition order.\n(2) A person who is subject to an interim prohibition order\n(the prohibited person) must, before providing a health service, give\nwritten notice of the order to the following persons—\n(a) the person to whom the prohibited person intends to provide the\nhealth service or, if that person is under 16 years of age or under\nguardianship, a parent or guardian of the person;\n(b) if the health service is to be provided by the prohibited person\nas an employee—the person’s employer;\n(c) if the health service is to be provided by the prohibited person\nunder a contract for services or any other arrangement with an\nentity—that entity;\n(d) if the health service is to be provided by the prohibited person\nas a volunteer for or on behalf of an entity—that entity.\n(3) A person must not advertise a health service to be provided by a\nprohibited person unless the advertisement states that the prohibited\nperson is subject to an interim prohibition order.\n\nPublic statements Division 7B\n","sortOrder":204},{"sectionNumber":"159P","sectionType":"section","heading":"Definition","content":"159P Definition\nrelevant provision means any of the following provisions—\n(a) section 113;\n(b) sections 115 to 119;\n(c) sections 121 to 123;\n(d) section 133;\n(e) section 136.\n","sortOrder":205},{"sectionNumber":"159Q","sectionType":"section","heading":"Making of public statement","content":"159Q Making of public statement\n(1) A regulatory body may make a public statement about a person if—\n(a) the person—\n(i) has, in the regulatory body’s reasonable belief,\ncontravened a relevant provision; or\n(ii) is the subject of an assessment, investigation or other\nproceedings under this Part; and\n(b) the regulatory body reasonably believes that—\n(i) because of the person’s conduct, performance or health, the\nperson poses a serious risk to persons; and\n(ii) it is necessary to issue a public statement to protect public\nhealth or safety.\n(2) A public statement made by a regulatory body may be made in a way\nthe body considers appropriate.\n\n(3) The regulatory body may identify and give warnings or information\nabout either or both of the following if the body considers it\nappropriate in the circumstances—\n(a) a person;\n(b) health services provided by a person.\n(4) No liability is incurred by the regulatory body for the making of, or\nfor anything done for the purpose of making, a public statement under\nthis section in good faith.\n","sortOrder":206},{"sectionNumber":"159R","sectionType":"section","heading":"Show cause process for public statement","content":"159R Show cause process for public statement\n(1) If a regulatory body proposes to make a public statement about a\nperson, the body must give the person a written notice that includes\nthe following information—\n(a) that the body proposes to make a public statement about the\nperson;\n(b) the way in which it is proposed to make the public statement;\n(c) the content of the proposed public statement;\n(d) that the person may make written or verbal submissions to the\nregulatory body, within the reasonable time stated in the notice,\nabout the proposed public statement.\n(2) After considering any submission made by the person in accordance\nwith the notice, the regulatory body must decide—\n(a) not to make the public statement; or\n(b) to make the public statement as proposed; or\n(c) to make the public statement in a different way or with different\ncontent.\n\nPublic statements Division 7B\n(3) The regulatory body must give written notice of the body’s decision,\nthat includes the following information, to the person—\n(c) if the decision is to make the public statement—\n(i) that the person may appeal against the decision; and\n(4) The regulatory body must give the notice to the person—\n(a) as soon as practicable after the decision is made; and\n(b) if the decision is to make the public statement—at least one\nbusiness day before the statement is to be made.\n","sortOrder":207},{"sectionNumber":"159S","sectionType":"section","heading":"Revision of public statement by regulatory body","content":"159S Revision of public statement by regulatory body\n(1) A regulatory body that made a public statement about a person may\nrevise the statement if the regulatory body reasonably believes it is\nnecessary in the circumstances.\n(2) If the proposed revision changes the public statement in a material\nway, sections 159Q (2) and (3) and 159R apply to the proposed\nrevision, with any necessary modifications, as if it were the proposed\nmaking of a public statement.\n","sortOrder":208},{"sectionNumber":"159T","sectionType":"section","heading":"Revocation of public statement","content":"159T Revocation of public statement\n(1) A regulatory body that made a public statement about a person must\nrevoke the public statement if the body is satisfied the grounds on\nwhich the statement was made—\n(a) no longer exist in relation to the person; or\n(b) did not exist at the time the statement was made.\n\n(2) As soon as practicable after deciding to revoke the public statement,\nthe regulatory body must—\n(a) give the person a written notice stating—\n(i) the regulatory body has decided to revoke the public\nstatement; and\n(ii) the date on which the public statement will be revoked; and\n(b) make a public statement revoking the original public statement\nin the same way, or a similar way, to the way in which the\noriginal public statement was made.\nSubdivision 1 Preliminary\n","sortOrder":209},{"sectionNumber":"160","sectionType":"section","heading":"When investigation may be conducted","content":"160 When investigation may be conducted\n(1) Subject to section 150, a National Board may investigate a registered\nhealth practitioner or student registered in a health profession for which\nthe Board is established if it decides it is necessary or appropriate—\n(a) because the Board has received a notification about the\npractitioner or student; or\n(b) because the Board for any other reason believes—\n(i) the practitioner or student has or may have an impairment;\nor\n(ii) for a practitioner—\n(A) the way the practitioner practises the profession is or\nmay be unsatisfactory; or\n(B) the practitioner’s conduct is or may be unsatisfactory;\nor\n\nInvestigations Division 8\n(c) to ensure the practitioner or student—\n(i) is complying with conditions imposed on the practitioner’s\nor student’s registration; or\n(ii) an undertaking given by the practitioner or student to the\n(2) If a National Board decides to investigate a registered health\npractitioner or student it must direct an appropriate investigator to\nconduct the investigation.\n","sortOrder":210},{"sectionNumber":"161","sectionType":"section","heading":"Registered health practitioner or student to be given","content":"161 Registered health practitioner or student to be given\nnotice of investigation\n(1) A National Board that decides to investigate a registered health\npractitioner or student must, as soon as practicable after making the\ndecision, give the practitioner or student written notice about the\ninvestigation.\n(2) The notice must advise the registered health practitioner or student of\nthe nature of the matter being investigated.\n(3) Also, the National Board must, at not less than 3 monthly intervals,\ngive the written notice of the progress of the investigation to—\n(a) the registered health practitioner or student; and\n(b) if the investigation relates to a notification made about the\nregistered health practitioner or student, the notifier.\n(4) However, the National Board need not give the registered health\npractitioner or student a notice under subsection (1) or (3) if the Board\nreasonably believes giving the notice may—\n(a) seriously prejudice the investigation; or\n(b) place at risk a person’s health or safety; or\n(c) place a person at risk of harassment or intimidation.\n\n","sortOrder":211},{"sectionNumber":"162","sectionType":"section","heading":"Investigation to be conducted in timely way","content":"162 Investigation to be conducted in timely way\nThe National Board must ensure an investigator it directs to conduct\nan investigation conducts the investigation as quickly as practicable,\nhaving regard to the nature of the matter to be investigated.\nSubdivision 2 Investigators\n","sortOrder":212},{"sectionNumber":"163","sectionType":"section","heading":"Appointment of investigators","content":"163 Appointment of investigators\n(1) A National Board may appoint the following persons as\ninvestigators—\n(a) members of the National Agency’s staff;\n(b) contractors engaged by the National Agency.\n(2) An investigator holds office on the conditions stated in the instrument\nof appointment.\n(3) If an investigator’s appointment provides for a term of appointment,\nthe investigator ceases holding office at the end of the term.\n(4) An investigator may resign by signed notice of resignation given to\nthe National Board which appointed the investigator.\n(5) Schedule 5 sets out provisions relating to the powers of an\ninvestigator.\n","sortOrder":213},{"sectionNumber":"164","sectionType":"section","heading":"Identity card","content":"164 Identity card\n(1) A National Board must give an identity card to each investigator it\nappoints.\n(2) The identity card must—\n(a) contain a recent photograph of the investigator; and\n(b) be signed by the investigator; and\n(c) identify the person as an investigator appointed by the National\nBoard; and\n\nInvestigations Division 8\n(d) include an expiry date.\n(3) This section does not prevent the issue of a single identity card to a\nperson—\n(a) if the person is appointed as an investigator for this Law by more\nthan one National Board; or\n(b) for this Law and other Acts.\n(4) A person who ceases to be an investigator must give the person’s\nidentity card to the National Board that appointed the person within\n7 days after the person ceases to be an investigator, unless the person\nhas a reasonable excuse.\n","sortOrder":214},{"sectionNumber":"165","sectionType":"section","heading":"Display of identity card","content":"165 Display of identity card\n(1) An investigator may exercise a power in relation to someone else (the\nother person) only if the investigator—\n(a) first produces the investigator’s identity card for the other\nperson’s inspection; or\n(b) has the identity card displayed so it is clearly visible to the other\nsubsection (1) before exercising the power, the investigator must\nproduce the identity card for the other person’s inspection at the first\nreasonable opportunity.\nSubdivision 3 Procedure after investigation\n","sortOrder":215},{"sectionNumber":"166","sectionType":"section","heading":"Investigator’s report about investigation","content":"166 Investigator’s report about investigation\n(1) As soon as practicable after completing an investigation under this\nDivision, an investigator must give a written report about the\ninvestigation to the National Board that directed the investigator to\ncarry out the investigation.\n\n(2) The report must include—\n(a) the investigator’s findings about the investigation; and\n(b) the investigator’s recommendations about any action to be taken\nin relation to the health practitioner or student the subject of the\ninvestigation.\n(3) The National Board to which the report is given must give a copy of\nthe report to the health complaints entity as soon as practicable.\n","sortOrder":216},{"sectionNumber":"167","sectionType":"section","heading":"Joint decision by National Board and health complaints","content":"167 Joint decision by National Board and health complaints\n(1) The National Board must consider the investigator’s report jointly\nwith the health complaints entity and attempt to reach agreement on\nhow the matter that is the subject of the report is to be dealt with.\n(2) After consideration under subsection (1), the National Board must\ndecide—\n(a) to take no further action in relation to the matter; or\n(b) to do either or both of the following—\n(i) take the action the Board considers necessary or\nappropriate under another Division;\n(ii) refer the matter to another entity, including, for example, a\n(3) However, if the National Board and the health complaints entity are\nnot able to reach agreement on how the matter is to be dealt with, the\ndecision of the board under subsection (2) must be to take the most\nserious action proposed by either the board or the health complaints\nentity.\n(4) The actions that may be taken in relation to the matter, from most\nserious to least serious, are the actions set out in section 150 (4A).\n\n","sortOrder":217},{"sectionNumber":"167A","sectionType":"section","heading":"Board may give information to notifier about result of","content":"167A Board may give information to notifier about result of\ninvestigation\npractitioner or student results in a decision by a National Board under\nsection 167 in relation to the practitioner or student.\n(2) After making the decision, the National Board may inform the notifier\nwho made the notification of the decision and the reasons for the\n","sortOrder":218},{"sectionNumber":"168","sectionType":"section","heading":"Definition","content":"168 Definition\nassessment means—\n(a) a health assessment; or\n(b) a performance assessment.\n","sortOrder":219},{"sectionNumber":"169","sectionType":"section","heading":"Requirement for health assessment","content":"169 Requirement for health assessment\nA National Board may require a registered health practitioner or\nstudent to undergo a health assessment if the Board reasonably\nbelieves, because of a notification or for any other reason, that the\npractitioner or student has, or may have, an impairment.\n","sortOrder":220},{"sectionNumber":"170","sectionType":"section","heading":"Requirement for performance assessment","content":"170 Requirement for performance assessment\nA National Board may require a registered health practitioner to\nundergo a performance assessment if the Board reasonably believes,\nbecause of a notification or for any other reason, that the way the\npractitioner practises the profession is or may be unsatisfactory.\n\n","sortOrder":221},{"sectionNumber":"171","sectionType":"section","heading":"Appointment of assessor to carry out assessment","content":"171 Appointment of assessor to carry out assessment\n(1) If the National Board requires a registered health practitioner or\nstudent to undergo an assessment, the National Agency must appoint\nan assessor chosen by the Board to carry out the assessment.\n(2) The assessor must be—\n(a) for a health assessment, a medical practitioner or psychologist\nwho is not a member of the National Board; or\n(b) for a performance assessment, a registered health practitioner\nwho—\n(i) is a member of the same health profession as the registered\nhealth practitioner or student undergoing assessment; but\n(ii) is not a member of the National Board established for that\n(3) The assessor may ask another health practitioner to assist the assessor\nin carrying out the assessment of the registered health practitioner or\nstudent.\n(4) The assessor’s fee for carrying out the assessment is to be paid out of\nthe National Board’s budget.\n","sortOrder":222},{"sectionNumber":"172","sectionType":"section","heading":"Notice to be given to registered health practitioner or","content":"172 Notice to be given to registered health practitioner or\nstudent about assessment\n(1) A requirement by a National Board for a registered health practitioner\nor student to undergo an assessment must be made by written notice\ngiven to the practitioner or student.\n(2) The written notice must state—\n(a) that the registered health practitioner or student is required to\nundergo a health assessment or performance assessment; and\n(b) the nature of the assessment to be carried out; and\n\n(c) the name and qualifications of the registered health practitioner\nwho is to carry out the assessment; and\n(ca) the powers that the board might exercise in relation to the\nassessment; and\n(cb) the procedural rights that the health practitioner or student has\nunder this Act.\n(d) that if the registered health practitioner or student does not\nundergo the assessment the National Board may continue to take\nproceedings in relation to the practitioner or student under this\nPart.\n(3) If a National Board approves a form for the notice, the notice must be\nin the approved form.\n","sortOrder":223},{"sectionNumber":"173","sectionType":"section","heading":"Assessor may require information or attendance","content":"173 Assessor may require information or attendance\nFor the purposes of conducting an assessment of a registered health\npractitioner or student, an assessor may, by written notice given to the\npractitioner or student, require the practitioner or student to—\n(a) give stated information to the assessor within a stated reasonable\ntime and in a stated reasonable way; or\n(b) attend before the assessor at a stated time and a stated place to\nundergo the assessment.\nExample of stated place\nthe registered health practitioner’s principal place of practice\n","sortOrder":224},{"sectionNumber":"174","sectionType":"section","heading":"Inspection of documents","content":"174 Inspection of documents\n(1) If a document is produced to an assessor, the assessor may—\n(c) keep the document while it is necessary for the assessment.\n\n(2) If the assessor keeps the document, the assessor must permit a person\notherwise entitled to possession of the document to inspect, make a\ncopy of, or take an extract from, the document at the reasonable time\nand in the reasonable way decided by the assessor.\n","sortOrder":225},{"sectionNumber":"175","sectionType":"section","heading":"Report from assessor","content":"175 Report from assessor\n(1) The assessor must, as soon as practicable after carrying out the\nassessment, give to the National Board a report about the assessment.\n(2) If the report relates to a performance assessment, the National Board\nto which the report is given must give a copy of the report to the health\ncomplaints entity as soon as practicable.\n","sortOrder":226},{"sectionNumber":"176","sectionType":"section","heading":"Copy of report to be given to health practitioner or","content":"176 Copy of report to be given to health practitioner or\n(1) The National Board must, as soon as practicable after receiving the\nassessor’s report, give a copy of the report to—\n(a) the registered health practitioner or student to whom it relates;\nor\n(b) if the report contains information the Board considers may, if\ndisclosed to the practitioner or student, be prejudicial to the\npractitioner’s or student’s physical or mental health or\nwellbeing, to a medical practitioner or psychologist nominated\nby the practitioner or student.\n(2) If a medical practitioner or psychologist is given a copy of a report\nabout a registered health practitioner or student under subsection (1)\n(b), the medical practitioner or psychologist must give a copy of the\nreport to the practitioner or student as soon as it will no longer be\nprejudicial to the practitioner’s or student’s health or wellbeing.\n\n(3) After the registered health practitioner or student has been given a\ncopy of the report under subsection (1) (a) or (2), a person nominated\nby the Board must—\n(a) discuss the report with the practitioner or student; and\n(b) if the report makes an adverse finding about the practitioner’s\npractice of the profession or states that the assessor finds the\npractitioner has an impairment, discuss with the practitioner\nways of dealing with the finding, including, for a practitioner,\nwhether the practitioner is prepared to alter the way the\npractitioner practises the health profession.\n","sortOrder":227},{"sectionNumber":"177","sectionType":"section","heading":"Joint decision by National Board and health complaints","content":"177 Joint decision by National Board and health complaints\n(1) The National Board must consider the report and discussions held\nwith the registered health practitioner or student under\nsection 176 (3).\n(2) If the assessor’s report relates to a performance assessment, the\nconsideration must be joint consideration with the health complaints\nentity, and the National Board and health complaints entity must\nattempt to reach agreement on how the registered health practitioner\nor student is to be dealt with.\n(3) After consideration, the National Board may decide to—\n(a) take the action the Board considers necessary or appropriate\nunder another Division; or\n(b) refer the matter to another entity, including, for example, a\nhealth complaints entity, for investigation or other action; or\n(c) take no further action in relation to the matter.\n\n(4) If the report relates to a performance assessment and the National\nBoard and the health complaints entity are not able to reach\nagreement on what to do in relation to the registered health\npractitioner or student, the decision of the board under subsection (3)\nmust be to take the most serious action proposed by either the board\nor the health complaints entity.\n(5) The actions that may be taken under subsection (4), from most serious\nto least serious, are the actions set out in section 150 (4A).\n","sortOrder":228},{"sectionNumber":"177A","sectionType":"section","heading":"Board may give information to notifier about decision","content":"177A Board may give information to notifier about decision\nfollowing assessor’s report\npractitioner or student results in a decision by a National Board under\nsection 177 in relation to the practitioner or student.\n(2) After making the decision, the National Board may inform the notifier\nwho made the notification of the decision and the reasons for the\n","sortOrder":229},{"sectionNumber":"178","sectionType":"section","heading":"National Board may take action","content":"178 National Board may take action\n(a) a National Board reasonably believes, because of a notification\nor for any other reason—\n(i) the way a registered health practitioner registered in a\nhealth profession for which the Board is established practises\nthe health profession, or the practitioner’s professional\nconduct, is or may be unsatisfactory; or\n(ii) a registered health practitioner or student registered in a\nhealth profession for which the Board is established has or\nmay have an impairment; or\n\nAction by National Board Division 10\n(iii) a student has been charged with an offence, or has been\nconvicted or found guilty of an offence, that is punishable\nby 12 months imprisonment or more; or\n(iv) a student has or may have contravened a condition of the\nstudent’s registration or an undertaking given by the\nstudent to a National Board; or\n(v) a registered health practitioner’s registration was\nimproperly obtained because the practitioner or someone\nelse gave the Board information or a document that was\nfalse or misleading in a material particular; and\n(b) the matter is not required to be referred to a responsible tribunal\nunder section 193, including because of a decision made under\nsection 193A that it is not in the public interest; and\n(c) the Board decides it is not necessary or appropriate to refer the\nmatter to a panel.\n(1A) This section also applies if—\n(a) on jointly considering a notification, complaint or other matter,\nthe health complaints entity is satisfied on reasonable grounds\nthat the National Board should take action under subsection (2)\n(a), (b) or (c) in relation to a registered health practitioner or\nstudent registered by the board; and\n(b) the action proposed by the health complaints entity to be taken\nby the board is more serious than any other action proposed by\nthe board to be taken.\n(2) The National Board may decide to take one or more of the following\nactions (relevant action) in relation to the registered health\npractitioner or student—\n(a) caution the registered health practitioner or student;\n(b) accept an undertaking from the registered health practitioner or\nstudent;\n\n(c) impose conditions on the practitioner’s or student’s registration,\nincluding, for example, in relation to a practitioner—\nfurther education or training within a specified period; or\nor recommend a specified person, or class of persons;\n(d) refer the matter to another entity, including, for example, a\n(3) If the National Board decides to impose a condition on the registered\nhealth practitioner’s or student’s registration, the Board must also\ndecide a review period for the condition.\n(4) If this section applies in relation to a registered health practitioner or\nstudent registered by the board because of subsection (1A), the\nNational Board must—\n(a) jointly consider with the health complaints entity the action to\nbe taken under subsection (2) (a), (b) or (c); and\n(b) take the action agreed after joint consideration.\n\nAction by National Board Division 10\n","sortOrder":230},{"sectionNumber":"179","sectionType":"section","heading":"Show cause process","content":"179 Show cause process\n(1) If a National Board is proposing to take relevant action in relation to\na registered health practitioner or student, the Board must—\n(a) give the practitioner or student written notice of the proposed\nrelevant action; and\n(b) invite the practitioner or student to make a written or verbal\nsubmission to the Board, within the reasonable time stated in the\nnotice, about the proposed relevant action.\n(2) After considering any submissions made by the registered health\npractitioner or student in accordance with this section, the National\nBoard must decide to—\n(a) take no action in relation to the matter; or\n(b) do any of the following—\n(i) take the proposed relevant action or other relevant action;\n(ii) take other action under this Part;\n(iii) refer the matter to another entity, including, for example, a\n","sortOrder":231},{"sectionNumber":"180","sectionType":"section","heading":"Notice to be given to health practitioner or student and","content":"180 Notice to be given to health practitioner or student and\nnotifier\n(1) As soon as practicable after making a decision under section 179 (2),\nthe National Board must give written notice of the decision to—\n(a) the registered health practitioner or student; and\n(b) if the decision was the result of a notification, the notifier.\n(2) A notice under subsection (1) (b) may also include the reasons for the\n\n","sortOrder":232},{"sectionNumber":"181","sectionType":"section","heading":"Establishment of health panel","content":"181 Establishment of health panel\n(1) A National Board may establish a health panel if—\n(a) the Board reasonably believes, because of a notification or for\nany other reason, that a registered health practitioner or student\nhas or may have an impairment; and\n(b) the Board decides it is necessary or appropriate for the matter to\nbe referred to a panel.\n(1A) Also, a National Board must establish a health panel if the suspension\nof a practitioner’s or student’s registration is to be reconsidered under\nsection 191 (4A) or 191A (2) (c).\n(2) A health panel must consist of the following members chosen from a\nlist referred to in section 183—\n(a) at least one member who is a registered health practitioner in the\nsame health profession as the registered health practitioner or\nstudent the subject of the hearing;\n(b) at least one member who is a medical practitioner with expertise\nrelevant to the matter the subject of the hearing;\n(c) at least one member who is not, and has not been, a registered\nhealth practitioner in the same health profession as the registered\n(3) In choosing members of the panel, the National Board must, if\npossible, choose a member from the jurisdiction in which the matter\nthe subject of the hearing occurred.\n(4) No more than half of the members of the panel may be registered\nhealth practitioners in the same health profession as the registered\n\n(5) However, for subsection (4), if the subject of the hearing is a\nregistered health practitioner who is a medical practitioner, a member\nof the panel referred to in subsection (2)(b) is not to be considered to\nbe registered in the same health profession as the registered health\npractitioner the subject of the hearing.\n(6) A person cannot be appointed to the panel if the person has been\ninvolved in any proceedings relating to the matter the subject of the\nhearing by the panel.\n","sortOrder":233},{"sectionNumber":"182","sectionType":"section","heading":"Establishment of performance and professional","content":"182 Establishment of performance and professional\nstandards panel\n(1) A National Board may establish a performance and professional\nstandards panel if—\n(a) the Board reasonably believes, because of a notification or for\nany other reason, that—\n(i) the way a registered health practitioner practises the health\nprofession is or may be unsatisfactory; or\n(ii) the registered health practitioner’s professional conduct is\nor may be unsatisfactory; and\n(b) the Board decides it is necessary or appropriate for the matter to\nbe referred to a panel.\n(2) A performance and professional standards panel must consist of at\nleast 3 members.\n(3) In choosing members of the panel, the National Board must, if\npossible, choose a member from the jurisdiction in which the matter\nthe subject of the hearing occurred.\n(4) At least half, but no more than two-thirds, of the members of the panel\nmust be persons who are —\n(a) registered health practitioners in the same health profession as\nthe registered health practitioner the subject of the hearing; and\n\n(b) chosen from a list approved under section 183.\n(5) At least one member must be a person who represents the community\nand chosen from a list approved under section 183.\n(6) A person may not be appointed to the panel if the person has been\ninvolved in any proceedings relating to the matter the subject of the\nhearing by the panel.\n","sortOrder":234},{"sectionNumber":"183","sectionType":"section","heading":"List of approved persons for appointment to panels","content":"183 List of approved persons for appointment to panels\n(1) A National Board may appoint individuals to a list of persons\napproved to be appointed as members of panels.\n(2) To the extent practicable, individuals appointed under subsection (1)\nshould not—\n(a) for registered health practitioners, be individuals whose\nprincipal place of practice is in a co-regulatory jurisdiction; or\n(b) otherwise, be individuals who live in a co-regulatory\n","sortOrder":235},{"sectionNumber":"184","sectionType":"section","heading":"Notice to be given to registered health practitioner or","content":"184 Notice to be given to registered health practitioner or\n(1) A panel must give notice of its hearing of a matter to the registered\n(a) the day, time and place at which the hearing is to be held; and\n(b) the nature of the hearing and the matters to be considered at the\nhearing; and\n(c) that the registered health practitioner or student is required to\nattend the hearing; and\n(d) that the registered health practitioner may be accompanied at the\nhearing by an Australian legal practitioner or other person; and\n\nSection\n(e) that if the registered health practitioner or student fails to attend\nthe hearing the hearing may continue, and the panel may make\na decision, in the practitioner’s or student’s absence; and\n(f) the types of decision the panel may make at the end of the\nhearing.\n(2A) The panel must also give a copy of the notice to the health complaints\nentity as soon as practicable.\n(3) For a panel established under section 181 (1A), the panel—\n(a) may decide the hearing may be decided entirely on the basis of\ndocuments, without parties, their representatives or witnesses\nappearing at the hearing; and\n(b) if the hearing is to be decided entirely on the basis of\ndocuments—must give written notice of the decision to the\nregistered health practitioner or student the subject of the\nhearing.\n(4) The health practitioner or student may within 14 days after receiving\nthe notice under subsection (3) (b) give a written notice to the panel—\n(a) requesting a hearing; and\n(b) undertaking to be available to attend the hearing within 28 days\nafter giving the notice.\n(5) If the health practitioner or student gives a notice under\nsubsection (4), the panel must give the health practitioner or student\nnotice under subsection (1) stating a day for the hearing that is not\nmore than 28 days after the practitioner’s or student’s notice was\ngiven.\n(6) Subsection (1) does not apply if—\n(a) the panel makes a decision under subsection (3); and\n(b) the health practitioner or student does not give notice under\nsubsection (4).\n\n","sortOrder":236},{"sectionNumber":"185","sectionType":"section","heading":"Procedure of panel","content":"185 Procedure of panel\n(1) Subject to this Division, a panel may decide its own procedures.\n(2) A panel is required to observe the principles of natural justice but is\nnot bound by the rules of evidence.\n(3) A panel may have regard to—\n(a) a report prepared by an assessor about the registered health\npractitioner or student; and\n(b) any other information the panel considers relevant to the hearing\nof the matter.\n(4) A panel must have regard to evidence given by the health complaints\nentity under section 186A.\n","sortOrder":237},{"sectionNumber":"186","sectionType":"section","heading":"Legal representation","content":"186 Legal representation\n(1) At a hearing of a panel, the registered health practitioner or student\nthe subject of the hearing may be accompanied by an Australian legal\npractitioner or another person.\n(2) An Australian legal practitioner or other person accompanying the\nregistered health practitioner or student may appear on behalf of the\npractitioner or student only with the leave of the panel.\n(3) The panel may grant leave for an Australian legal practitioner or other\nperson to appear on behalf of the registered health practitioner or\nstudent only if the panel considers it appropriate in the particular\ncircumstances of the hearing.\n","sortOrder":238},{"sectionNumber":"186A","sectionType":"section","heading":"Role of health complaints entity","content":"186A Role of health complaints entity\nAt a hearing of a panel, the health complaints entity may—\n(a) be represented; and\n(b) give evidence about the consideration of a complaint or other\nmatter by the health complaints entity; and\n\n(c) be present at the hearing even if not giving evidence.\n","sortOrder":239},{"sectionNumber":"187","sectionType":"section","heading":"Submission by notifier","content":"187 Submission by notifier\nIf a matter the subject of a hearing before a panel relates to a\nnotification, the notifier may, with the leave of the panel, make a\nsubmission to the panel about the matter.\n","sortOrder":240},{"sectionNumber":"188","sectionType":"section","heading":"Panel may proceed in absence of registered health","content":"188 Panel may proceed in absence of registered health\npractitioner or student\nAt a hearing, a panel may proceed in the absence of the registered\nhealth practitioner or student the subject of the proceedings if the\npanel reasonably believes the practitioner or student has been given\nnotice of the hearing.\n","sortOrder":241},{"sectionNumber":"189","sectionType":"section","heading":"Hearing not open to the public","content":"189 Hearing not open to the public\nA hearing before a panel is not open to the public.\n","sortOrder":242},{"sectionNumber":"190","sectionType":"section","heading":"Referral to responsible tribunal or National Board","content":"190 Referral to responsible tribunal or National Board\n(1) A panel must stop hearing a matter and require the National Board\nthat established the panel to refer the matter to a responsible tribunal\nunder section 193 if, at any time—\n(a) the practitioner or student the subject of the hearing asks the\npanel for the matter to be referred to a responsible tribunal under\nsection 193; or\n(b) if the subject of the hearing is a registered health practitioner—\nthe panel reasonably believes the evidence demonstrates the\npractitioner may have behaved in a way that constitutes\nprofessional misconduct.\n\n(2) A panel must stop hearing a matter and refer the matter to the National\nBoard that established the panel if the panel reasonably believes the\nevidence demonstrates the practitioner’s registration may have been\nimproperly obtained because the practitioner or someone else gave\nthe Board information or a document that was false or misleading in\na material particular.\n","sortOrder":243},{"sectionNumber":"191","sectionType":"section","heading":"Decision of panel","content":"191 Decision of panel\n(1) After hearing a matter about a registered health practitioner, a panel\nmay decide—\n(a) the practitioner has no case to answer and no further action is to\nbe taken in relation to the matter; or\n(b) one or more of the following—\n(i) the practitioner has behaved in a way that constitutes\nunsatisfactory professional performance;\n(ii) the practitioner has behaved in a way that constitutes\nunprofessional conduct;\n(iii) the practitioner has an impairment;\n(iv) the matter must be referred to a responsible tribunal under\nsection 193;\n(v) the matter must be referred to another entity, including, for\nexample, a health complaints entity, for investigation or\nother action.\n(2) After hearing a matter about a student, a health panel may decide—\n(a) the student has an impairment; or\n(b) the matter must be referred to another entity, including, for\nexample, a health complaints entity, for investigation or other\naction; or\n\n(c) the student has no case to answer and no further action is to be\ntaken in relation to the matter.\n(3) If a panel decides a registered health practitioner or student has an\nimpairment, or that a practitioner has behaved in a way that\nconstitutes unsatisfactory professional performance or unprofessional\nconduct, the panel may decide to do one or more of the following—\n(a) impose conditions on the practitioner’s or student’s registration,\nincluding, for example, in relation to a practitioner—\nfurther education or training within a specified period; or\nor recommend a specified person, or class of persons;\n(b) for a health panel, suspend the practitioner’s or student’s\n(c) for a performance and professional standards panel, caution or\nreprimand the practitioner.\n(4) If a panel decides to impose a condition on a registered health\npractitioner’s or student’s registration, the panel must also decide a\n\n(4A) If a panel suspends a health practitioner’s or student’s registration,\nthe panel must decide a date (the reconsideration date) by which the\nsuspension must be reconsidered by a panel established under\nsection 181 (1A).\n(5) A decision by a panel that a registered health practitioner has no case\nto answer in relation to a matter does not prevent a National Board or\nadjudication body taking the matter into consideration at a later time\nas part of a pattern of conduct or practice by the health practitioner.\n","sortOrder":244},{"sectionNumber":"191A","sectionType":"section","heading":"Decision of panel after reconsideration of suspension","content":"191A Decision of panel after reconsideration of suspension\n(1) This section applies if the suspension of a health practitioner’s or\nstudent’s registration is reconsidered by a panel established under\nsection 181 (1A).\n(2) The panel may—\n(a) revoke the suspension; or\n(b) revoke the suspension, impose conditions under\nsection 191 (3) (a) and decide a review period for the conditions\nunder section 191 (4); or\n(c) not revoke the suspension and decide a new reconsideration\ndate.\n","sortOrder":245},{"sectionNumber":"191B","sectionType":"section","heading":"Change of reconsideration date for suspension of","content":"191B Change of reconsideration date for suspension of\nregistration\n(1) This section applies if the suspension of a health practitioner’s or\nstudent’s registration is to be reconsidered by a panel established\nunder section 181 (1A) on a reconsideration date.\n(2) The panel may decide an earlier reconsideration date if—\n(a) the health practitioner or student advises the panel of a material\nchange in the practitioner’s or student’s circumstances and\nrequests an earlier reconsideration date because of the change;\nand\n\n(b) the panel is reasonably satisfied an earlier reconsideration date\nis necessary because of the change in circumstances.\n(3) For subsection (2), the panel must give the practitioner or student\nwritten notice of—\n(a) if the panel decides an earlier reconsideration date—the earlier\ndate; or\n(b) if the panel decides to refuse the request for an earlier\nreconsideration date—the panel’s decision and the reasons for\nthe decision.\n(4) The panel may decide a later reconsideration date if the panel is\nreasonably satisfied it is necessary to enable the panel to reconsider\nthe suspension.\nExamples of when the panel may be reasonably satisfied a later\nreconsideration date may be decided—\n(a) the health practitioner or student is required for a hearing and cannot\nattend because of illness;\n(b) the panel requires extra time to consider further evidence supplied by the\nhealth practitioner or student;\n(c) extra time is required to appoint a panel member for a panel member who\nis ill.\n(5) For subsection (4), the panel must give the health practitioner or\nstudent written notice of the later reconsideration date and the reasons\nfor the decision.\n(6) The suspension of the health practitioner’s or student’s registration\nremains in force until the panel makes a decision to revoke the\nsuspension.\n\n","sortOrder":246},{"sectionNumber":"192","sectionType":"section","heading":"Notice to be given about panel’s decision","content":"192 Notice to be given about panel’s decision\n(1) As soon as practicable after making a decision under section 191\nor 191A, a panel must give notice of its decision to the National Board\nthat established it.\n(2) The National Board must, within 30 days after the panel makes its\ndecision, give written notice of the decision to—\n(a) the registered health practitioner or student the subject of the\nhearing; and\n(b) if the hearing related to a notification, the notifier.\n(3) The notice given to the registered health practitioner or student must\nstate—\n(a) the decision made by the panel; and\n(c) that the registered health practitioner or student may appeal\n(d) how an application for appeal may be made and the period\n(3A) The National Board must also, within 30 days after the panel makes\nits decision, give the health complaints entity a copy of the notice\ngiven to the registered health practitioner or student.\n(4) A notice under subsection (2) (b) may also include the reasons for the\n\n","sortOrder":247},{"sectionNumber":"Div 12","sectionType":"division","heading":"Referring matter to responsible","content":"Division 12 Referring matter to responsible\ntribunals\n","sortOrder":248},{"sectionNumber":"193","sectionType":"section","heading":"Matters to be referred to responsible tribunal","content":"193 Matters to be referred to responsible tribunal\n(1) Subject to section 193A, a National Board must refer a matter about\na registered health practitioner or student to a responsible tribunal\nif—\n(a) for a registered health practitioner, the Board reasonably\nbelieves, based on a notification or for any other reason, the\npractitioner has behaved in a way that constitutes professional\nmisconduct; or\n(b) for a registered health practitioner or student, a panel established\nby the Board requires the Board to refer the matter to a\nresponsible tribunal.\n(2) The National Board must—\n(a) refer the matter to—\nwhich the behaviour the subject of the matter occurred; or\n(ii) if the behaviour occurred in more than one jurisdiction, the\nresponsible tribunal for the participating jurisdiction in\nwhich the practitioner’s principal place of practice is\nlocated; and\n(b) give written notice of the referral to the registered health\npractitioner or student to whom the matter relates.\n\n(3) Subsection (1) (a) does not require a National Board to refer a matter\nto a responsible tribunal if the behaviour constituting the professional\nmisconduct consists of a registered health practitioner improperly\nobtaining registration because the practitioner or someone else gave\nthe Board information or a document that was false or misleading in\na material particular.\nNote See section 85C (b) which provides for the action a National Board may\ntake if the Board decides a registered health practitioner’s registration\nwas improperly obtained.\n","sortOrder":249},{"sectionNumber":"193A","sectionType":"section","heading":"National Boards may decide not to refer certain matters","content":"193A National Boards may decide not to refer certain matters\n(1) A National Board may decide not to refer a matter about a registered\nhealth practitioner mentioned in section 193(1)(a) to a responsible\ntribunal if the Board decides there is no public interest in the matter\nbeing heard by a responsible tribunal.\n(2) In deciding whether or not there is public interest in the matter being\nheard by a responsible tribunal, the National Board must have regard\nto the following—\n(a) the need to protect the health and safety of the public;\n(b) the seriousness of the alleged conduct, including whether the\nregistered health practitioner may have engaged in wilful\nmisconduct;\n(c) whether the practitioner is the subject of more than one\nnotification or has previously been the subject of a notification;\n(d) whether the practitioner is still registered and, if not still\nregistered, may again seek registration in the future;\n(e) any other benefit the public may receive by having the matter\nreferred to a responsible tribunal, including the benefit of a\npublic decision in relation to the matter;\n(f) any other matter the Board considers relevant to the decision.\n\n(3) If a decision is made under this section to not refer a matter to a\nresponsible tribunal, the National Agency must publish information\nabout the decision in its annual report.\n","sortOrder":250},{"sectionNumber":"194","sectionType":"section","heading":"Parties to the proceedings","content":"194 Parties to the proceedings\nThe parties to proceedings relating to a matter being heard by a\nresponsible tribunal are—\n(a) the registered health practitioner or student who is the subject of\nthe proceedings; and\n(b) the National Board that referred the matter to the tribunal.\n","sortOrder":251},{"sectionNumber":"195","sectionType":"section","heading":"Costs","content":"195 Costs\nThe responsible tribunal may make any order about costs it considers\nappropriate for the proceedings.\n","sortOrder":252},{"sectionNumber":"196","sectionType":"section","heading":"Decision by responsible tribunal about registered health","content":"196 Decision by responsible tribunal about registered health\n(1) After hearing a matter about a registered health practitioner, a\nresponsible tribunal may decide—\n(a) the practitioner has no case to answer and no further action is to\nbe taken in relation to the matter; or\n(b) one or more of the following—\n(i) the practitioner has behaved in a way that constitutes\nunsatisfactory professional performance;\n(ii) the practitioner has behaved in a way that constitutes\nunprofessional conduct;\n(iii) the practitioner has behaved in a way that constitutes\nprofessional misconduct;\n(iv) the practitioner has an impairment;\n\n(v) the practitioner’s registration was improperly obtained\nbecause the practitioner or someone else gave the National\nBoard established for the practitioner’s health profession\ninformation or a document that was false or misleading in\na material particular; or\n(2) If a responsible tribunal makes a decision referred to in subsection (1)\n(b), the tribunal may decide to do one or more of the following—\n(a) caution or reprimand the practitioner;\n(b) impose a condition on the practitioner’s registration, including,\nfor example—\nfurther education or training, or to undergo counselling,\nwithin a specified period; or\nor recommend a specified person, or class of persons,\n(c) require the practitioner to pay a fine of not more than $30,000 to\nthe National Board that registers the practitioner;\n(d) suspend the practitioner’s registration for a specified period;\n(e) cancel the practitioner’s registration.\n\n(3) If the responsible tribunal decides to impose a condition on the\npractitioner’s registration, the tribunal must also decide a review\nperiod for the condition.\n(4) If the tribunal decides to cancel a person’s registration under this Law\nor the person does not hold registration under this Law, the tribunal\nmay also decide to do one or more of the following—\n(a) disqualify the person from applying for registration as a\nregistered health practitioner for a specified period;\n(b) prohibit the person, either permanently or for a stated period,\nfrom doing either or both of the following—\n(i) providing any health service or a specified health service;\n(ii) using any title or a specified title;\n(c) impose restrictions, either permanently or for a stated period, on\nthe provision of any health service or a specified health service\nby the person.\n","sortOrder":253},{"sectionNumber":"196A","sectionType":"section","heading":"Offences relating to prohibition orders","content":"196A Offences relating to prohibition orders\n(1) A person must not contravene a prohibition order.\n(2) A person who is subject to a prohibition order (the prohibited person)\nmust, before providing a health service, give written notice of the\norder to the following persons—\n(a) the person to whom the prohibited person intends to provide the\nhealth service or, if that person is under 16 years of age or under\nguardianship, a parent or guardian of the person;\n(b) if the health service is to be provided by the prohibited person\nas an employee—the person’s employer;\n\n(c) if the health service is to be provided by the prohibited person\nunder a contract for services or any other arrangement with an\nentity—that entity;\n(d) if the health service is to be provided by the prohibited person\nas a volunteer for or on behalf of an entity—that entity.\n(3) A person must not advertise a health service to be provided by a\nprohibited person unless the advertisement states that the prohibited\nperson is subject to a prohibition order.\n","sortOrder":254},{"sectionNumber":"197","sectionType":"section","heading":"Decision by responsible tribunal about student","content":"197 Decision by responsible tribunal about student\n(1) After hearing a matter about a student, a responsible tribunal may\ndecide—\n(a) the student has an impairment; or\n(b) the student has no case to answer and no further action is to be\ntaken in relation to the matter.\n(2) If the responsible tribunal decides the student has an impairment, the\ntribunal may decide—\n(a) impose a condition on the student’s registration; or\n(b) suspend the student’s registration.\n","sortOrder":255},{"sectionNumber":"198","sectionType":"section","heading":"Relationship with Act establishing responsible tribunal","content":"198 Relationship with Act establishing responsible tribunal\nThis Division applies despite any provision to the contrary of the Act\nthat establishes the responsible tribunal but does not otherwise limit\nthat Act.\n\nAppeals Division 13\n","sortOrder":256},{"sectionNumber":"199","sectionType":"section","heading":"Appellable decisions","content":"199 Appellable decisions\n(1) A person who is the subject of any of the following decisions (an\nappellable decision) may appeal against the decision to the\nappropriate responsible tribunal for the appellable decision—\n(a) a decision by a National Board to refuse to register the person;\n(aa) a decision by a National Board to withdraw the person’s\n(b) a decision by a National Board to refuse to endorse the person’s\n(c) a decision by a National Board to refuse to renew the person’s\n(d) a decision by a National Board to refuse to renew the\nendorsement of the person’s registration;\n(e) a decision by a National Board to impose or change a condition\non a person’s registration or the endorsement of the person’s\nregistration, other than—\n(i) a condition relating to the person’s qualification for general\nregistration in the health profession; and\n(ii) a condition imposed by section 112 (3) (a);\n(f) a decision by a National Board to refuse to change or remove a\ncondition imposed on the person’s registration or the\nendorsement of the person’s registration;\n(g) a decision by a National Board to refuse to change or revoke an\nundertaking given by the person to the Board;\n(h) a decision by a National Board to suspend the person’s\n\n(ha) a decision by a regulatory body to issue or extend an interim\nprohibition order under Division 7A;\n(hb) a decision by a regulatory body to make or revise a public\nstatement under Division 7B;\n(i) a decision by a panel to impose a condition on the person’s\n(j) a decision by a health panel to suspend the person’s registration;\n(ja) a decision by a health panel not to revoke a suspension;\n(k) a decision by a performance and professional standards panel to\nreprimand the person.\n(2) For the purposes of subsection (1), the appropriate responsible\ntribunal for an appellable decision is—\n(a) for a decision to take health, conduct or performance action in\nrelation to a registered health practitioner or student—\nwhich the behaviour the subject of the decision occurred;\nor\n(ii) if the behaviour the subject of the decision occurred in\nmore than one jurisdiction, the responsible tribunal for the\nparticipating jurisdiction in which the practitioner’s\nprincipal place of practice is located; or\n(b) for another decision in relation to a registered health\npractitioner, the responsible tribunal for the participating\njurisdiction in which the practitioner’s principal place of\npractice is located; or\n(c) for another decision in relation to a student, the responsible\ntribunal for the participating jurisdiction in which the student is\nundertaking the approved program of study or clinical training;\nor\n\nAppeals Division 13\n(d) for a decision in relation to another person—\nwhich the person lives, or\n(ii) if the person does not live in a participating jurisdiction,\nthe responsible tribunal for the participating jurisdiction\nnominated by the National Board that made the appellable\ndecision and specified in the notice given to the person of\nthe appellable decision.\n","sortOrder":257},{"sectionNumber":"200","sectionType":"section","heading":"Parties to the proceedings","content":"200 Parties to the proceedings\nThe parties to proceedings relating to an appellable decision being\nheard by a responsible tribunal are—\n(a) the person who is the subject of the appellable decision; and\n(b) the National Board that—\n(i) made the appellable decision; or\n(ii) established the panel that made the appellable decision;\nand\n(c) the National Agency if—\n(i) the appellable decision is a decision mentioned in\nsection 199 (1) (ha) or (hb); and\n(ii) the National Agency made the appellable decision.\n","sortOrder":258},{"sectionNumber":"201","sectionType":"section","heading":"Costs","content":"201 Costs\nThe responsible tribunal may make any order about costs it considers\nappropriate for the proceedings.\n","sortOrder":259},{"sectionNumber":"202","sectionType":"section","heading":"Decision","content":"202 Decision\n(1) After hearing the matter, the responsible tribunal may—\n(a) confirm the appellable decision; or\n\n(b) amend the appellable decision; or\n(c) substitute another decision for the appellable decision.\n(2) In substituting another decision for the appellable decision, the\nresponsible tribunal has the same powers as the entity that made the\nappellable decision.\n","sortOrder":260},{"sectionNumber":"203","sectionType":"section","heading":"Relationship with Act establishing responsible tribunal","content":"203 Relationship with Act establishing responsible tribunal\nThis Division applies despite any provision to the contrary of the Act\nthat establishes the responsible tribunal but does not otherwise limit\nthat Act.\n","sortOrder":261},{"sectionNumber":"204","sectionType":"section","heading":"Notice from adjudication body","content":"204 Notice from adjudication body\n(1) If an adjudication body, other than a court, makes a decision in\nrelation to a health practitioner or student registered in a health\nprofession, it must give written notice of the decision to the National\nBoard established for the profession.\n(a) the decision made by the adjudication body; and\n(c) the date the decision takes effect; and\n(d) any action the National Board must take to give effect to the\n","sortOrder":262},{"sectionNumber":"205","sectionType":"section","heading":"Implementation of decisions","content":"205 Implementation of decisions\n(1) A National Board must give effect to a decision of an adjudication\nbody unless the decision is stayed on appeal.\n\nMiscellaneous Division 14\n(2) Without limiting subsection (1), the National Board must, if the\nnotice given to the Board states that a health practitioner’s or\nstudent’s registration is cancelled, remove the practitioner’s or\nstudent’s name from the appropriate register kept by the Board.\n","sortOrder":263},{"sectionNumber":"206","sectionType":"section","heading":"National Board to give notice to registered health","content":"206 National Board to give notice to registered health\npractitioner’s employer and other entities\n(a) a National Board—\n(i) decides to take health, conduct or performance action\nagainst a registered health practitioner; or\n(ii) receives notice from an adjudication body that the\nadjudication body has decided to take health, conduct or\nperformance action against a registered health practitioner;\nor\n(iii) receives notice from a co-regulatory authority that an\nadjudication body in the co-regulatory jurisdiction has\ndecided to take health, conduct or performance action\nagainst a registered health practitioner; and\n(b) the National Board has been given practice information under\nsection 132 or becomes aware of practice information it should\nhave been given under that section.\n(2) If the practice information given to the National Board, or of which\nthe Board becomes aware, is information referred to in paragraph (a)\nof the definition of practice information in section 132 (4) and\nincludes the names of other registered health practitioners, the Board,\nas soon as practicable after an event specified in subsection (1) (a)\noccurs, may give written notice of the decision to—\n(a) the named registered health practitioners with whom the\npractitioner currently shares premises and the cost of the\npremises; and\n\n(b) the named registered health practitioners with whom the\npractitioner previously shared premises and the cost of the\npremises if the Board reasonably believes the practitioner’s\nhealth, conduct or performance while the practitioner shared the\npremises with the registered health practitioners posed—\n(i) a risk of harm to a person or a class of persons; or\n(ii) a risk to public health or safety.\n(3) If the practice information given to the Board, or of which the Board\nbecomes aware, is information referred to in paragraph (b) of the\ndefinition of practice information in section 132(4), the Board, as\nsoon as practicable after an event specified in subsection (1)(a)\n(a) if the registered health practitioner has a current practice\narrangement with an entity named in the information—must\ngive written notice of the decision to the entity; or\n(b) if the practitioner had a previous practice arrangement with an\nentity named in the information—may give written notice of the\ndecision to the entity if the Board reasonably believes the\npractitioner’s health, conduct or performance while the\npractitioner had a practice arrangement with the entity posed—\n(i) a risk of harm to a person or a class of persons; or\n(ii) a risk to public health or safety.\ndecision means a decision of a National Board or adjudication body\nto take health, conduct or performance action against a registered\nhealth practitioner.\n\nMiscellaneous Division 14\n","sortOrder":264},{"sectionNumber":"207","sectionType":"section","heading":"Effect of suspension","content":"207 Effect of suspension\nIf a person’s registration as a health practitioner or student is\nsuspended under this Law the person is taken during the period of\nsuspension not to be registered under this Law, other than for the\npurposes of this Part.\n\n","sortOrder":265},{"sectionNumber":"208","sectionType":"section","heading":"Australian Health Practitioner Regulation Agency Fund","content":"208 Australian Health Practitioner Regulation Agency Fund\n(1) The Australian Health Practitioner Regulation Agency Fund is\nestablished.\n(2) The Agency Fund is to have a separate account for each National\n(3) The Agency Fund is a fund to be administered by the National\nAgency.\n(4) The National Agency may establish accounts with any financial\ninstitution for money in the Agency Fund.\n(5) The Agency Fund does not form part of the consolidated fund or\nconsolidated account of a participating jurisdiction or the\n","sortOrder":266},{"sectionNumber":"209","sectionType":"section","heading":"Payments into Agency Fund","content":"209 Payments into Agency Fund\n(1) There is payable into the Agency Fund—\n(a) all money appropriated by the Parliament of any participating\njurisdiction or the Commonwealth for the purposes of the Fund;\nand\n(b) all fees, costs and expenses paid or recovered under this Law;\nand\n(c) all fines paid to, or recovered by, a National Board in accordance\nwith an order of an adjudication body; and\n(d) the proceeds of the investment of money in the Fund; and\n(e) all grants, gifts and donations made to the National Agency or a\nNational Board, but subject to any trusts declared in relation to\nthe grants, gifts or donations; and\n\nFinance Part 9\n(f) all money directed or authorised to be paid into the Fund by or\nunder this Law, any law of a participating jurisdiction or any law\nof the Commonwealth; and\n(g) any other money or property received by the National Agency\nor a National Board in connection with the exercise of its\nfunctions.\n(2) Any money paid into the Agency Fund under subsection (1) for or on\nbehalf of a National Board must be paid into the Board’s account kept\nwithin the Agency Fund.\n","sortOrder":267},{"sectionNumber":"210","sectionType":"section","heading":"Payments out of Agency Fund","content":"210 Payments out of Agency Fund\n(1) Payments may be made from the Agency Fund for the purpose of—\n(a) paying any costs or expenses, or discharging any liabilities,\nincurred in the administration or enforcement of this Law; and\n(b) making payments to co-regulatory authorities; and\n(c) any other payments recommended by the National Board or\nNational Agency and approved by the Ministerial Council.\n(2) Without limiting subsection (1) (a), a payment may be made from the\nAgency Fund to a responsible tribunal to meet the expenses of the\nresponsible tribunal in performing functions under this Law.\n(3) A payment under subsection (1) may be made from a National\nBoard’s account kept within the Agency Fund only if the payment is\nin accordance with the Board’s budget or otherwise approved by the\n\n","sortOrder":268},{"sectionNumber":"211","sectionType":"section","heading":"Investment of money in Agency Fund","content":"211 Investment of money in Agency Fund\n(1) Subject to this section, the National Agency may invest money in the\nAgency Fund in the way it considers appropriate.\n(2) The National Agency may invest money in a National Board’s\naccount kept within the Agency Fund only if the Agency has\nconsulted the Board about the investment.\n(3) An investment under this section must be—\n(a) in Australian money; and\n(b) undertaken in Australia.\n(4) The National Agency must use its best efforts to invest money in the\nAgency Fund in a way it considers is most appropriate in all the\n(5) The National Agency must keep records that show it has invested in\nthe way most appropriate in the circumstances.\n(6) A security, safe custody acknowledgment or other document\nevidencing title accepted, guaranteed or issued for an investment\narrangement must be held by the National Agency.\n","sortOrder":269},{"sectionNumber":"212","sectionType":"section","heading":"Financial management duties of National Agency and","content":"212 Financial management duties of National Agency and\nNational Boards\n(1) The National Agency must—\n(a) ensure that its operations are carried out efficiently, effectively\nand economically; and\n(b) keep proper books and records in relation to the Agency Fund;\nand\n(c) ensure that expenditure is made from the Agency Fund for\nlawful purposes only and, as far as possible, reasonable value is\nobtained for moneys expended from the Fund; and\n\nFinance Part 9\n(d) ensure that its procedures, including internal control procedures,\nafford adequate safeguards with respect to—\n(i) the correctness, regularity and propriety of payments made\nfrom the Agency Fund; and\n(ii) receiving and accounting for payments made to the Agency\nFund; and\n(iii) prevention of fraud or mistake; and\n(e) take any action necessary to ensure the preparation of accurate\nfinancial statements in accordance with Australian Accounting\nStandards for inclusion in its annual report; and\n(f) take any action necessary to facilitate the audit of those financial\nstatements in accordance with this Law; and\n(g) arrange for any further audit by a qualified person of the books\nand records kept by the National Agency in relation to the\nAgency Fund, if directed to do so by the Ministerial Council.\n(2) A National Board must—\n(a) ensure that its operations are carried out efficiently, effectively\nand economically; and\n(b) take any action necessary to ensure that the National Agency is\nable to comply with this section in relation to the funding of the\nNational Board in exercising its functions.\n\n","sortOrder":270},{"sectionNumber":"212A","sectionType":"section","heading":"Application of Commonwealth AIC Act","content":"212A Application of Commonwealth AIC Act\n(1) The AIC Act applies as a law of a participating jurisdiction for the\n(2) For the purposes of subsection (1), the AIC Act applies—\n(a) as if a reference to the Office of the Australian Information\nCommissioner were a reference to the Office of the National\nHealth Practitioner Privacy Commissioner; and\n(b) as if a reference to the Information Commissioner were a\nreference to the National Health Practitioner Privacy\nCommissioner; and\n(c) with any other modifications made by the regulations.\n(3) Without limiting subsection (2)(c), the regulations may—\n(a) provide that the AIC Act applies under subsection (1) as if a\nprovision of the AIC Act specified in the regulations were\n(b) provide that the AIC Act applies under subsection (1) as if an\namendment to the AIC Act made by a law of the\nAIC Act means the Australian Information Commissioner Act 2010\nof the Commonwealth, as in force from time to time.\n\nPrivacy Division 1\n","sortOrder":271},{"sectionNumber":"Div 1","sectionType":"division","heading":"Privacy","content":"Division 1 Privacy\n","sortOrder":272},{"sectionNumber":"213","sectionType":"section","heading":"Application of Commonwealth Privacy Act","content":"213 Application of Commonwealth Privacy Act\n(1) The Privacy Act applies as a law of a participating jurisdiction for the\n(2) For the purposes of subsection (1), the Privacy Act applies—\n(a) as if a reference to the Commissioner were a reference to the\nNational Health Practitioner Privacy Commissioner; and\n(b) with any other modifications made by the regulations.\n(3) Without limiting subsection (2) (b), the regulations may—\n(a) provide that the Privacy Act applies under subsection (1) as if a\nprovision of the Privacy Act specified in the regulations were\n(b) provide that the Privacy Act applies under subsection (1) as if\nan amendment to the Privacy Act made by a law of the\nPrivacy Act means the Privacy Act 1988 of the Commonwealth, as in\nforce from time to time.\n\n","sortOrder":273},{"sectionNumber":"Div 2","sectionType":"division","heading":"Disclosure of information and","content":"Division 2 Disclosure of information and\nconfidentiality\n","sortOrder":274},{"sectionNumber":"214","sectionType":"section","heading":"Definition","content":"214 Definition\nprotected information means information that comes to a person’s\nknowledge in the course of, or because of, the person exercising\nfunctions under this Law.\n","sortOrder":275},{"sectionNumber":"215","sectionType":"section","heading":"Application of Commonwealth FOI Act","content":"215 Application of Commonwealth FOI Act\n(1) The FOI Act applies as a law of a participating jurisdiction for the\n(2) For the purposes of subsection (1), the FOI Act applies—\n(a) as if a reference to the Office of the Australian Information\nCommissioner were a reference to the Office of the National\nHealth Practitioner Privacy Commissioner; and\n(b) as if a reference to the Information Commissioner were a\nreference to the National Health Practitioner Privacy\nCommissioner; and\n(c) with any other modifications made by the regulations.\n(3) Without limiting subsection (2) (c), the regulations may—\n(a) provide that the FOI Act applies under subsection (1) as if a\nprovision of the FOI Act specified in the regulations were\n(b) provide that the FOI Act applies under subsection (1) as if an\namendment to the FOI Act made by a law of the\n\nFOI Act means the Freedom of Information Act 1982 of the\nCommonwealth, as in force from time to time.\n","sortOrder":276},{"sectionNumber":"216","sectionType":"section","heading":"Duty of confidentiality","content":"216 Duty of confidentiality\n(1) A person who is, or has been, a person exercising functions under this\nLaw must not disclose to another person protected information.\n(2) However, subsection (1) does not apply if—\n(a) the information is disclosed in the exercise of a function under,\nor for the purposes of, this Law; or\n(b) the disclosure—\n(i) is to a co-regulatory authority; or\n(ii) is authorised or required by any law of a participating\n(c) the disclosure is otherwise required or permitted by law; or\n(d) the disclosure is with the agreement of the person to whom the\ninformation relates; or\n(e) the disclosure is in a form that does not identify the identity of a\nperson; or\n(f) the information relates to proceedings before a responsible\ntribunal and the proceedings are or were open to the public; or\n(g) the information is, or has been, accessible to the public,\nincluding because it is or was recorded in a National Register;\nor\n\n(h) the disclosure is otherwise authorised by the Ministerial\nCouncil.\n","sortOrder":277},{"sectionNumber":"217","sectionType":"section","heading":"Disclosure of information for workforce planning","content":"217 Disclosure of information for workforce planning\n(1) The Ministerial Council may, by written notice given to a National\nBoard, ask the Board for information required by the Council for\nplanning the workforce of health practitioners, or a class of\npractitioners, in Australia or a part of Australia.\n(2) If a National Board receives a request under subsection (1), the Board\nmay, by written notice given to health practitioners registered in a\nhealth profession for which the Board is established, ask the\npractitioners for information relevant to the request.\n(3) A registered health practitioner who is asked to provide information\nunder subsection (2) may, but is not required to, provide the\ninformation.\n(4) The National Board—\n(a) must give information received from a registered health\npractitioner to the Ministerial Council in a way that does not\nidentify any registered health practitioner; and\n(b) must not use information received under this section that\nidentifies a registered health practitioner for any other purpose.\n(5) The Ministerial Council must publish information it receives under\nthis section in a way that is timely and ensures it is accessible to the\npublic.\n\n","sortOrder":278},{"sectionNumber":"218","sectionType":"section","heading":"Disclosure of information for information management","content":"218 Disclosure of information for information management\nand communication purposes\n(1) A person may disclose protected information to an information\nmanagement agency if the disclosure is in accordance with an\nauthorisation given by the Ministerial Council under subsection (2).\n(2) The Ministerial Council may authorise the disclosure of protected\ninformation to an information management agency if the Council is\nsatisfied—\n(a) the protected information will be collected, stored and used by\nthe information management agency in a way that ensures the\nprivacy of the persons to whom it relates is protected; and\n(b) the provision of the protected information to the information\nmanagement agency is necessary to enable the agency to\nexercise its functions.\n(3) An authorisation under subsection (2)—\n(a) may apply to protected information generally or a class of\nprotected information; and\n(b) may be subject to conditions.\ninformation management agency means a Commonwealth, State or\nTerritory agency that has functions relating to the identification of\nhealth practitioners for information management and communication\npurposes, including, for example, the National E-health Transition\nAuthority.\n\n","sortOrder":279},{"sectionNumber":"219","sectionType":"section","heading":"Disclosure of information to other Commonwealth, State","content":"219 Disclosure of information to other Commonwealth, State\nand Territory entities\n(1) A person exercising functions under this Law may disclose protected\ninformation to the following entities—\n(a) the Chief Executive Medicare under the Human Services\n(Medicare) Act 1973 of the Commonwealth;\n(b) an entity performing functions under the Health Insurance\nAct 1973 of the Commonwealth;\n(c) the Secretary within the meaning of the National Health Act\n1953 of the Commonwealth;\n(d) the Secretary to the Department in which the Migration Act 1958\nof the Commonwealth is administered;\n(e) another Commonwealth, State or Territory entity having\nfunctions relating to professional services provided by health\npractitioners or the regulation of health practitioners.\n(2) However, a person may disclose protected information under\nsubsection (1) only if the person is satisfied—\n(a) the protected information will be collected, stored and used by\nthe entity to which it is disclosed in a way that ensures the\nprivacy of the persons to whom it relates is protected; and\n(b) the provision of the protected information to the entity is\nnecessary to enable the entity to exercise its functions.\n","sortOrder":280},{"sectionNumber":"220","sectionType":"section","heading":"Disclosure to protect health or safety of patients or other","content":"220 Disclosure to protect health or safety of patients or other\npersons\n(1) This section applies if a National Board reasonably believes that—\n(a) either of the following poses, or may pose, a risk to public\nhealth—\n(i) a registered health practitioner;\n\n(ii) a person who provides a health service but is not a\nregistered health practitioner; or\n(b) the health or safety of a patient or class of patients is or may be\nat risk because of—\n(i) a registered health practitioner’s practice as a health\n(ii) the provision of a health service by a person who is not a\n(2) The National Board may give written notice of the risk and any\nrelevant information about a person mentioned in subsection (1) (a)\nor (b) to an entity of the Commonwealth or a State or Territory that\nthe Board considers may be required to take action in relation to the\nrisk.\n","sortOrder":281},{"sectionNumber":"220A","sectionType":"section","heading":"Disclosure of information about registered health","content":"220A Disclosure of information about registered health\npractitioners to protect health or safety of persons\n(a) because of a notification or an investigation under this Law, a\nNational Board reasonably believes that—\n(i) because of the registered health practitioner’s health,\nconduct or performance, the practitioner poses a serious\nrisk to persons; and\n(ii) it is necessary to give notice under this section to protect\npublic health or safety; and\n(b) the Board has been given practice information under section 132\nor becomes aware of practice information the Board has the\npower to request under that section.\n\n(2) If the practice information given to the National Board, or of which\nthe Board becomes aware, is information referred to in paragraph (a)\nof the definition of practice information in section 132 (4) and\nincludes the names of other registered health practitioners, the Board\nmay give the following to the named registered health practitioners\nwith whom the practitioner currently shares premises and the cost of\nthe premises—\n(a) written notice of the risk;\n(b) any relevant information about the registered health practitioner.\n(3) If the practice information given to the National Board, or of which\nthe Board becomes aware, is information referred to in paragraph (b)\nof the definition of practice information in section 132 (4), the\nBoard, as soon as practicable after receiving or becoming aware of\nthe information, must give the following to a named entity that has a\ncurrent practice arrangement with the registered health practitioner—\n(a) written notice of the risk;\n(b) any relevant information about the registered health practitioner.\n(4) To avoid doubt, subsections (2) and (3) do not allow the Board to give\nhealth information about a patient to—\n(a) the named registered health practitioners with whom the\npractitioner currently shares premises and the cost of the\npremises; or\n(b) the named entity that has a current practice arrangement with the\n\n(5) Subsections (2) and (3) do not apply if the National Board decides it\nis not in the public interest to give the notice.\nA National Board may decide it is not in the public interest to give the notice\nbecause—\n(a) it would impact on an investigation into the registered health practitioner; or\n(b) it would place a notifier at risk of harassment, harm or intimidation; or\n(c) the public interest is outweighed by the registered health practitioner’s right to\nprivacy.\n(6) Subsection (3) does not apply if the National Board has already\nnotified the named entity about the practitioner, in relation to the same\nrisk, under section 206 or another provision of this Law.\n(7) In this section—\nhealth information has the same meaning as in the Privacy\nAct 1988 of the Commonwealth.\n","sortOrder":282},{"sectionNumber":"220B","sectionType":"section","heading":"Disclosure of information about unregistered persons to","content":"220B Disclosure of information about unregistered persons to\nprotect health or safety of persons\n(a) because of an investigation into a possible offence against\nPart 7, or a prosecution of an offence against that Part, the\nNational Agency or a National Board reasonably believes that—\n(i) an unregistered person poses a serious risk to persons; and\n(ii) it is necessary to give notice under this section to protect\npublic health or safety; and\n(b) the unregistered person—\n(i) is self-employed and shares premises and the cost of the\npremises with registered health practitioners; or\n(ii) has a practice arrangement with an entity.\n\n(2) The National Agency or the National Board may give written notice\nof the risk, and any relevant information about the unregistered\nperson, to the registered health practitioners or entities mentioned in\nsubsection (1) (b).\n(3) To avoid doubt, subsection (2) does not allow the Board to give health\ninformation about a patient to the registered health practitioners or\nentities mentioned in subsection (1) (b).\nhealth information has the same meaning as in the Privacy Act\n1988 of the Commonwealth.\n","sortOrder":283},{"sectionNumber":"221","sectionType":"section","heading":"Disclosure to registration authorities","content":"221 Disclosure to registration authorities\nA person exercising functions under this Law may disclose protected\ninformation to a registration authority if the disclosure is necessary\nfor the authority to exercise its functions.\nDivision 3 Registers in relation to registered\nhealth practitioner\n","sortOrder":284},{"sectionNumber":"222","sectionType":"section","heading":"Public national registers","content":"222 Public national registers\n(1) A public national register, with the name listed in column 1 of the\nfollowing table, is to be kept for each health profession.\n(2) A public national register for a health profession is to include the\nnames of all health practitioners (other than specialist health\npractitioners) currently registered in the profession.\n(3) If divisions are listed beside the public national register in column 2\nof the Table, the register is to be kept in a way that ensures it includes\nthose divisions.\n\n(4) In addition, a public national register for a health profession is to\ninclude—\n(a) the names of all health practitioners (other than specialist health\npractitioners) whose registration has been cancelled by an\nadjudication body; and\n(b) the names of all persons (other than specialist health\npractitioners or persons who were previously specialist health\npractitioners) subject to a prohibition order; and\n(c) the names of all persons who were previously registered health\npractitioners (other than persons who were previously specialist\nhealth practitioners) who are subject to an interim prohibition\n(5) A public national register required to be kept under this section is to\nbe kept by the National Board prescribed by the regulations for the\nregister, in conjunction with the National Agency.\nTable—Public national registers\nName of public national register Divisions of public national register\nRegister of Aboriginal and Torres Strait\nIslander Health Practitioners\nRegister of Chinese Medicine\nPractitioners\nAcupuncturists, Chinese herbal medicine\npractitioners, Chinese herbal dispensers\nRegister of Chiropractors\nRegister of Dental Practitioners Dentists, Dental therapists, Dental hygienists,\nDental prosthetists, Oral health therapists\nRegister of Medical Practitioners\nRegister of Medical Radiation\nPractitioners\nDiagnostic radiographers, Nuclear medicine\ntechnologists, Radiation therapists\nRegister of Midwives\n\nName of public national register Divisions of public national register\nRegister of Nurses Registered nurses (Division 1), Enrolled nurses\n(Division 2)\nRegister of Occupational Therapists\nRegister of Optometrists\nRegister of Osteopaths\nRegister of Paramedics\nRegister of Pharmacists\nRegister of Physiotherapists\nRegister of Podiatrists\nRegister of Psychologists\n","sortOrder":285},{"sectionNumber":"223","sectionType":"section","heading":"Specialists Registers","content":"223 Specialists Registers\nThe National Board established for a health profession for which\nspecialist recognition operates under this Law must, in conjunction\nwith the National Agency, keep—\n(a) a public national specialists register that includes the names of\nall specialist health practitioners currently registered in a health\nprofession for which the Board is established; and\n(b) a public national register that includes the names of all—\n(i) specialist health practitioners whose registration has been\ncancelled by an adjudication body; and\n(ii) persons who are subject to a prohibition order; and\n(iii) persons who were previously specialist health practitioners\nwho are subject to an interim prohibition order.\n\n","sortOrder":286},{"sectionNumber":"224","sectionType":"section","heading":"Way registers are to be kept","content":"224 Way registers are to be kept\nSubject to this Division, a register a National Board is required to\nkeep under this Division must be kept—\n(a) in a way that ensures it is up-to-date and accurate; and\n(b) otherwise in the way the National Agency considers appropriate.\n","sortOrder":287},{"sectionNumber":"225","sectionType":"section","heading":"Information to be recorded in National Register or","content":"225 Information to be recorded in National Register or\nSpecialists Register\nA National Register or Specialists Register must include the\nfollowing information for each registered health practitioner whose\nname is included in the register—\n(a) the practitioner’s sex;\n(aa) any alternative name for the practitioner that has been notified\nto the National Board under section 131A, unless—\n(i) the alternative name is a prohibited name; and\n(ii) the National Board has decided under section 131A(2)(a)\nto refuse to record the name in a National Register or\nSpecialists Register;\n(b) the suburb and postcode of the practitioner’s principal place of\npractice;\n(c) the registration number or code given to the practitioner by the\nNational Board;\n(d) the date on which the practitioner was first registered in the\nhealth profession in Australia, whether under this Law or a\ncorresponding prior Act;\n(e) the date on which the practitioner’s registration expires;\n(f) the type of registration held by the practitioner;\n\n(g) if the register includes divisions, the division in which the\npractitioner is registered;\n(h) if the practitioner holds specialist registration, the recognised\nspecialty in which the practitioner is registered;\n(i) if the practitioner holds limited registration, the purpose for\nwhich the practitioner is registered;\n(j) if the practitioner has been reprimanded, the fact that the\npractitioner has been reprimanded;\n(k) if a condition has been imposed on the practitioner’s registration\nor the National Board has entered into an undertaking with the\npractitioner—\n(i) if section 226 (1) applies, the fact that a condition has been\nimposed or an undertaking accepted; or\n(ii) otherwise, details of the condition or undertaking;\n(l) if the practitioner’s registration is suspended, the fact that the\npractitioner’s registration has been suspended and, if the\nsuspension is for a specified period, the period during which the\nsuspension applies;\n(m) if the practitioner’s registration has been endorsed, details of the\nendorsement;\n(n) details of any qualifications relied on by the practitioner to\nobtain registration or to have the practitioner’s registration\nendorsed;\n(o) if the practitioner has advised the National Board the\npractitioner fluently speaks a language other than English,\ndetails of the other language spoken;\n(p) any other information the National Board considers appropriate.\n\n","sortOrder":288},{"sectionNumber":"226","sectionType":"section","heading":"National Board may decide not to include or to remove","content":"226 National Board may decide not to include or to remove\ncertain information in register\n(1) A National Board may decide that a condition imposed on a registered\nhealth practitioner’s registration, or the details of an undertaking\naccepted from a registered health practitioner, because the\npractitioner has an impairment is not to be recorded in a National\nRegister or Specialists Register in which the practitioner’s name is\nincluded if—\n(a) it is necessary to protect the practitioner’s privacy; and\n(b) there is no overriding public interest for the condition or the\ndetails of the undertaking to be recorded.\n(2) A National Board may decide that information relating to a registered\nhealth practitioner is not to be recorded in a National Register or\nSpecialists Register in which the practitioner’s name is included if—\n(a) the practitioner asks the Board not to include the information in\nthe register; and\n(b) the Board reasonably believes the inclusion of the information\nin the register would present a serious risk to the health or safety\nof—\n(i) the practitioner; or\n(ii) a member of the practitioner’s family or an associate of the\n(2A) A National Board may decide to record information, which it\npreviously excluded under subsection (2), in a National Register or\nSpecialists Register if the Board reasonably believes the\ncircumstances on which the previous exclusion was based have\nchanged.\n\n(3) A National Board may decide to remove information that a registered\nhealth practitioner has been reprimanded from a National Register or\nSpecialists Register in which the practitioner’s name is included if it\nconsiders it is no longer necessary or appropriate for the information\nto be recorded on the Register.\nassociate, of a registered health practitioner, includes a friend,\nneighbour or colleague of the practitioner.\nfamily, of a registered health practitioner, includes—\n(a) persons related to the practitioner by blood, marriage or\nadoption, for example, the practitioner’s spouse, children and\nparents; and\n(b) persons in a de facto relationship with the practitioner; and\n(c) persons connected to the practitioner through Aboriginal and\nTorres Strait Islander kinship ties.\n","sortOrder":289},{"sectionNumber":"227","sectionType":"section","heading":"Register about former registered health practitioners","content":"227 Register about former registered health practitioners\nA register kept by a National Board under section 222 or 223(b) must\ninclude the following—\n(a) for each health practitioner whose registration was cancelled by\nan adjudication body—\n(i) the fact the practitioner’s registration was cancelled by an\nadjudication body; and\n(ii) the grounds on which the practitioner’s registration was\ncancelled; and\n(iii) if the adjudication body’s hearing was open to the public,\ndetails of the conduct that formed the basis of the\nadjudication;\n\nStudent registers Division 4\n(b) for each person subject to a prohibition order, a copy of the\n","sortOrder":290},{"sectionNumber":"228","sectionType":"section","heading":"Inspection of registers","content":"228 Inspection of registers\n(1) The National Agency—\n(a) must keep each register kept by a National Board under this\nDivision open for inspection, free of charge, by members of the\npublic—\n(i) at its national office and each of its local offices during\nordinary office hours; and\n(ii) on the Agency’s website; and\n(b) must give a person an extract from the register on payment of\nthe relevant fee; and\n(c) may give a person a copy of the register on payment of the\nrelevant fee.\n(2) The National Agency may give a person a copy of the register under\nsubsection (1) (c) only if the Agency is satisfied it would be in the\npublic interest to do so.\n(3) The National Agency may waive, wholly or partly, the payment of a\nfee by a person under subsection (1) (b) or (c) if the Agency considers\nit appropriate in the circumstances.\n","sortOrder":291},{"sectionNumber":"229","sectionType":"section","heading":"Student registers","content":"229 Student registers\n(1) Each National Board must, in conjunction with the National Agency,\nkeep a student register that includes the name of all persons currently\nregistered as students by the Board.\n(2) A student register is not to be open to inspection by the public.\n\n","sortOrder":292},{"sectionNumber":"230","sectionType":"section","heading":"Information to be recorded in student register","content":"230 Information to be recorded in student register\n(1) Subject to this Division, a student register kept by a National Board\nmust be kept in the way the National Agency considers appropriate.\n(2) A student register kept by a National Board must include the\nfollowing information for each student whose name is included in the\nregister—\n(a) the student’s name;\n(b) the student’s date of birth;\n(c) the student’s sex;\n(d) the student’s mailing address and any other contact details;\n(e) the name of the education provider that is providing the\napproved program of study being undertaken by the student;\n(f) the date on which the student was first registered, whether under\nthis law or a corresponding prior Act;\n(g) the date on which the student started the approved program of\nstudy;\n(h) the date on which the student is expected to complete the\napproved program of study;\n(i) if the student has completed or otherwise ceased to be enrolled\nin the approved program of study, the date of the completion or\ncessation;\n(j) if a condition has been imposed on the student’s registration,\ndetails of the condition;\n(k) if the Board accepts an undertaking from the student, details of\nthe undertaking;\n(l) any other information the Board considers appropriate.\n\nOther records Division 5\n","sortOrder":293},{"sectionNumber":"Div 5","sectionType":"division","heading":"Other records","content":"Division 5 Other records\n","sortOrder":294},{"sectionNumber":"231","sectionType":"section","heading":"Other records to be kept by National Boards","content":"231 Other records to be kept by National Boards\nA National Board must keep a record of the following information for\neach health practitioner it registers—\n(a) information that identifies the practitioner;\n(b) the practitioner’s contact details;\n(c) information about the practitioner’s registration or endorsement;\n(d) information about any previous registration of the practitioner,\nwhether in Australia or overseas;\n(e) information about any notification made about the practitioner\nand any investigation and health, conduct or performance action\ntaken as a result of the notification;\n(f) information about the practitioner’s professional indemnity\ninsurance arrangements;\n(g) information about checks carried out by the Board about the\npractitioner’s criminal history and identity, including the nature\nof the check carried out, when it was carried out and the nature\nof the information provided by the check.\n","sortOrder":295},{"sectionNumber":"232","sectionType":"section","heading":"Record of adjudication decisions to be kept and made","content":"232 Record of adjudication decisions to be kept and made\npublicly available\n(1) A National Board is to keep and publish on its website a record of\ndecisions made by—\n(a) panels established by the Board; and\n(b) responsible tribunals that relate to registered health practitioners\nor students registered in a health profession for which the Board\nis established.\n\n(2) The record is to be kept—\n(a) in a way that does not identify persons involved in the matter,\nunless the decision was made by a responsible tribunal and the\nhearing was open to the public; and\n(b) otherwise in the way decided by the National Board.\n","sortOrder":296},{"sectionNumber":"233","sectionType":"section","heading":"Unique identifier to be given to each registered health","content":"233 Unique identifier to be given to each registered health\n(a) a National Board registers a person in a health profession for\nwhich the Board is established; and\n(b) the person has not previously been registered by that Board or\nany other National Board.\n(2) The National Board must, at the time of registering the person, give\nthe person an identifying number or code (a unique identifier) that is\nunique to the person.\n(3) The National Board must keep a record of the unique identifier given\nto the person.\n(4) If the person is subsequently registered by the National Board or\nanother Board the person is to continue to be identified by the unique\nidentifier given to the person under subsection (2).\n\nProvisions relating to persons exercising functions under Law Division 1\nDivision 1 Provisions relating to persons\nexercising functions under Law\n","sortOrder":297},{"sectionNumber":"234","sectionType":"section","heading":"General duties of persons exercising functions under this","content":"234 General duties of persons exercising functions under this\nLaw\n(1) A person exercising functions under this Law must, when exercising\nthe functions, act honestly and with integrity.\n(2) A person exercising functions under this Law must exercise the\nperson’s functions under this Law—\n(a) in good faith; and\n(b) in a financially responsible manner; and\n(c) with a reasonable degree of care, diligence and skill.\n(3) A person exercising functions under this Law must not make\nimproper use of the person’s position or of information that comes to\nthe person’s knowledge in the course of, or because of, the person’s\nexercise of the functions—\n(a) to gain an advantage for himself or herself or another person; or\n(b) to cause a detriment to the development, implementation or\noperation of the national registration and accreditation scheme.\n","sortOrder":298},{"sectionNumber":"235","sectionType":"section","heading":"Application of Commonwealth Ombudsman Act","content":"235 Application of Commonwealth Ombudsman Act\n(1) The Ombudsman Act applies as a law of a participating jurisdiction\nfor the purposes of the national registration and accreditation scheme.\n(2) For the purposes of subsection (1), the Ombudsman Act applies—\n(a) as if a reference to the Commonwealth Ombudsman were a\nreference to the National Health Practitioner Ombudsman; and\n(b) with any other modifications made by the regulations.\n\nDivision 1 Provisions relating to persons exercising functions under Law\n(3) Without limiting subsection (2), the regulations may—\n(a) provide that the Ombudsman Act applies under subsection (1)\nas if a provision of the Ombudsman Act specified in the\nregulations were omitted; or\n(b) provide that the Ombudsman Act applies under subsection (1)\nas if an amendment to the Ombudsman Act made by a law of\nthe Commonwealth, and specified in the regulations, had not\ntaken effect; or\nOmbudsman Act means the Ombudsman Act 1976 of the\nCommonwealth, as in force from time to time.\n","sortOrder":299},{"sectionNumber":"236","sectionType":"section","heading":"Protection from personal liability for persons exercising","content":"236 Protection from personal liability for persons exercising\nfunctions\n(1) A protected person is not personally liable for anything done or\nomitted to be done in good faith—\n(a) in the exercise of a function under this Law; or\n(b) in the reasonable belief that the act or omission was the exercise\nof a function under this Law.\n(2) Any liability resulting from an act or omission that would, but for\nsubsection (1), attach to a protected person attaches instead to the\nNational Agency.\nprotected person means any of the following—\n(b) a member of the Agency Board;\n(c) a member of a National Board or a committee of the National\nBoard;\n\nProvisions relating to persons exercising functions under Law Division 1\n(d) a member of an external accreditation entity;\n(e) a member of the staff of the National Agency;\n(f) a consultant or contractor engaged by the National Agency;\n(g) a person appointed by the National Agency to conduct an\nexamination or assessment for a National Board;\n(h) a person employed or engaged by an external accreditation\nentity to assist it with its accreditation function.\n","sortOrder":300},{"sectionNumber":"237","sectionType":"section","heading":"Protection from liability for persons making notification","content":"237 Protection from liability for persons making notification\nor otherwise providing information\n(1) This section applies to a person who, in good faith—\n(a) makes a notification under this Law; or\n(b) gives information in the course of an investigation or for another\npurpose under this Law to a person exercising functions under\n(2) The person is not liable, civilly, criminally or under an administrative\nprocess, for giving the information.\n(3) Without limiting subsection (2)—\n(a) the making of the notification or giving of the information does\nnot constitute a breach of professional etiquette or ethics or a\ndeparture from accepted standards of professional conduct; and\n(b) no liability for defamation is incurred by the person because of\nthe making of the notification or giving of the information.\n(4) The protection given to the person by this section extends to—\n(a) a person who, in good faith, provided the person with any\ninformation on the basis of which the notification was made or\nthe information was given; and\n\n(b) a person who, in good faith, was otherwise concerned in the\nmaking of the notification or giving of the information.\n","sortOrder":301},{"sectionNumber":"238","sectionType":"section","heading":"Functions and powers of inspectors","content":"238 Functions and powers of inspectors\n(1) An inspector has the function of conducting investigations to enforce\ncompliance with this Law.\n(2) Schedule 6 sets out provisions relating to the powers of an inspector.\n","sortOrder":302},{"sectionNumber":"239","sectionType":"section","heading":"Appointment of inspectors","content":"239 Appointment of inspectors\n(1) A National Board may appoint the following persons as inspectors—\n(a) members of the National Agency’s staff;\n(b) contractors engaged by the National Agency.\n(2) An inspector holds office on the conditions stated in the instrument\nof appointment.\n(3) If an inspector’s appointment provides for a term of appointment, the\ninspector ceases holding office at the end of the term.\n(4) An inspector may resign by signed notice of resignation given to the\nNational Board that appointed the inspector.\n","sortOrder":303},{"sectionNumber":"240","sectionType":"section","heading":"Identity card","content":"240 Identity card\n(1) A National Board must give an identity card to each inspector it\nappoints.\n(2) The identity card must—\n(a) contain a recent photograph of the inspector; and\n(b) be signed by the inspector; and\n(c) identify the person as an inspector appointed by the National\nBoard; and\n\nInspectors Division 2\n(d) include an expiry date.\n(3) This section does not prevent the issue of a single identity card to a\nperson—\n(a) if the person is appointed as an inspector for this Law by more\nthan one National Board; or\n(b) if the person is appointed as an inspector and investigator for\nthis Law by a National Board; or\n(c) for this Law and other Acts.\n(4) A person who ceases to be an inspector must give the person’s\nidentity card to the National Board that appointed the person within\n7 days after the person ceases to be an inspector, unless the person\nhas a reasonable excuse.\n","sortOrder":304},{"sectionNumber":"241","sectionType":"section","heading":"Display of identity card","content":"241 Display of identity card\n(1) An inspector may exercise a power in relation to someone else (the\nother person) only if the inspector—\n(a) first produces the inspector’s identity card for the other person’s\ninspection; or\n(b) has the identity card displayed so it is clearly visible to the other\nsubsection (1) before exercising the power, the inspector must\nproduce the identity card for the other person’s inspection at the first\nreasonable opportunity.\n\n","sortOrder":305},{"sectionNumber":"241A","sectionType":"section","heading":"Proceedings for indictable offences","content":"241A Proceedings for indictable offences\n(1) An offence against any of the following provisions is an indictable\noffence—\n(a) Division 10 of Part 7;\n(b) section 159O(1);\n(c) section 196A(1).\n(2) A proceeding for an indictable offence may be taken—\n(a) by way of a summary proceeding before a court of summary\n(b) on indictment.\n(3) Subsection (2) applies subject to another law of the participating\njurisdiction in which the proceeding is started.\n","sortOrder":306},{"sectionNumber":"242","sectionType":"section","heading":"Proceedings for other offences","content":"242 Proceedings for other offences\nA proceeding for an offence against this Law, other than an offence\nmentioned in section 241A(1), is to be by way of a summary\nproceeding before a court of summary jurisdiction.\n","sortOrder":307},{"sectionNumber":"243","sectionType":"section","heading":"Conduct may constitute offence and be subject of","content":"243 Conduct may constitute offence and be subject of\n(1) If a person’s behaviour constitutes an offence against this Law or\nanother Act and constitutes professional misconduct, unsatisfactory\nprofessional performance or unprofessional conduct under this\nLaw—\n(a) the fact that proceedings for an offence have been taken in\nrelation to the behaviour does not prevent proceedings being\ntaken before an adjudication body under this Law for the same\nbehaviour; and\n\nLegal proceedings Division 3\n(b) the fact that proceedings have been taken before an adjudication\nbody under this Law in relation to the conduct does not prevent\nproceedings for an offence being taken for the same behaviour.\n(2) If a person’s behaviour may be dealt with by a health complaints\nentity under the law of a participating jurisdiction and constitutes\nprofessional misconduct, unsatisfactory professional performance or\nunprofessional conduct under this Law—\n(a) the fact that the behaviour has been dealt with by the health\ncomplaints entity does not prevent proceedings being taken\nbefore an adjudication body under this Law for the same\nbehaviour; and\n(b) the fact that proceedings have been taken before an adjudication\nbody under this Law in relation to the behaviour does not\nprevent action being taken by the health complaints entity under\nthe law of the participating jurisdiction for the same behaviour.\n","sortOrder":308},{"sectionNumber":"244","sectionType":"section","heading":"Evidentiary certificates","content":"244 Evidentiary certificates\nA certificate purporting to be signed by the chief executive officer of\nthe National Agency and stating any of the following matters is prima\nfacie evidence of the matter—\n(a) a stated document is one of the following things made, given,\nissued or kept under this Law—\n(i) an appointment, approval or decision;\n(ii) a notice, direction or requirement;\n(iii) a certificate of registration;\n(iv) a register, or an extract from a register;\n(v) a record, or an extract from a record;\n(b) a stated document is another document kept under this Law;\n\n(c) a stated document is a copy of a document mentioned in\nparagraph (a) or (b);\n(d) on a stated day, or during a stated period, a stated person was or\nwas not a registered health practitioner or a student;\n(e) on a stated day, or during a stated period, a registration or\nendorsement was or was not subject to a stated condition;\n(f) on a stated day, a registration was suspended or cancelled;\n(g) on a stated day, or during a stated period, an appointment as an\ninvestigator or inspector was, or was not, in force for a stated\nperson;\n(h) on a stated day, a stated person was given a stated notice or\ndirection under this Law;\n(i) on a stated day, a stated requirement was made of a stated\n","sortOrder":309},{"sectionNumber":"245","sectionType":"section","heading":"National regulations","content":"245 National regulations\n(1) The Ministerial Council may make regulations for the purposes of\n(2) The regulations may provide for any matter that is necessary or\nconvenient to be prescribed for carrying out or giving effect to this\nLaw.\n(3) The regulations are to be published by the Victorian Government\nPrinter in accordance with the arrangements for the publication of the\nmaking of regulations in Victoria.\n(4) A regulation commences on the day or days specified in the\nregulation for its commencement (being not earlier than the date it is\npublished).\n\nRegulations Division 4\nVictorian Government Printer means the person appointed to be the\nGovernment Printer for Victoria under section 72 of the Constitution\nAct 1975 of Victoria.\n","sortOrder":310},{"sectionNumber":"246","sectionType":"section","heading":"Parliamentary scrutiny of national regulations","content":"246 Parliamentary scrutiny of national regulations\n(1) A regulation made under this Law must be tabled in, or notice of its\nmaking given to, the Parliament of each participating jurisdiction—\n(a) if a regulation made under an Act of that jurisdiction must be\ntabled in the Parliament of that jurisdiction—in the same way a\nregulation must be tabled in that jurisdiction; or\n(b) if notice of the making of a regulation made under an Act of that\njurisdiction must be given to the Parliament of that\njurisdiction—in the same way notice must be given in that\n(1A) However, failure to comply with subsection (1) does not affect the\nvalidity of the regulation.\n(1B) The regulation may be disallowed in a participating jurisdiction by a\nHouse of the Parliament of that jurisdiction in the same way that a\nregulation made under an Act of that jurisdiction may be disallowed.\n(1C) However, subsection (1D) applies if—\n(a) a regulation is not tabled in accordance with the law of a\nparticipating jurisdiction; and\n(b) under the law of that jurisdiction a regulation may be disallowed\nonly after its tabling.\n(1D) The regulation is taken to be have been tabled in the Parliament of\nthat jurisdiction on the first sitting day after the regulation was\nrequired to be tabled under the law of the jurisdiction.\n\n(2) A regulation disallowed under subsection (1) does not cease to have\neffect in the participating jurisdiction, or any other participating\njurisdiction, unless the regulation is disallowed in a majority of the\nparticipating jurisdictions.\n(3) If a regulation is disallowed in a majority of the participating\njurisdictions, it ceases to have effect in all participating jurisdictions\non the date of its disallowance in the last of the jurisdictions forming\nthe majority.\nregulation includes a provision of a regulation.\n","sortOrder":311},{"sectionNumber":"247","sectionType":"section","heading":"Effect of disallowance of national regulation","content":"247 Effect of disallowance of national regulation\n(1) The disallowance of a regulation in a majority of jurisdictions has the\nsame effect as a repeal of the regulation.\n(2) If a regulation ceases to have effect under section 246 any law or\nprovision of a law repealed or amended by the regulation is revived\nas if the disallowed regulation had not been made.\n(3) The restoration or revival of a law under subsection (2) takes effect\nat the beginning of the day on which the disallowed regulation by\nwhich it was amended or repealed ceases to have effect.\nregulation includes a provision of a regulation.\n","sortOrder":312},{"sectionNumber":"248","sectionType":"section","heading":"Combined notice may be given","content":"248 Combined notice may be given\nIf an entity is required under this Law to give another entity (the\nrecipient) notices under more than one provision, the entity may give\nthe recipient a combined notice for the provisions.\n\nMiscellaneous Division 5\n249 Fees\nThe National Agency may, in accordance with a health profession\nagreement entered into with a National Board—\n(a) refund a relevant fee paid into the Board’s account kept in the\nAgency Fund; or\n(b) waive, in whole or in part, a relevant fee payable for a service\nprovided by the Board; or\n(c) require a person who pays a relevant fee late to pay an additional\nfee.\n\n","sortOrder":313},{"sectionNumber":"250","sectionType":"section","heading":"Definitions","content":"250 Definitions\nIn this Part—\ncommencement day means 1 July 2010.\nlocal registration authority means an entity that had functions under\na law of a participating jurisdiction that included the registration of\npersons as health practitioners.\nparticipation day, for a participating jurisdiction, means—\n(a) for a health profession other than a relevant health profession—\n(i) 1 July 2010; or\n(ii) the later day on which the jurisdiction became a\nparticipating jurisdiction; or\n(b) for a relevant health profession, 1 July 2012.\nrelevant health profession means—\n(a) Aboriginal and Torres Strait Islander health practice; or\n(b) Chinese medicine; or\n(c) medical radiation practice; or\n(d) occupational therapy.\nrepealed Law means the Health Practitioner Regulation\n(Administrative Arrangements) National Law set out in the Schedule\nto the Health Practitioner Regulation (Administrative Arrangements)\nNational Law Act 2008 of Queensland.\n\nMinisterial Council Division 2\n","sortOrder":314},{"sectionNumber":"251","sectionType":"section","heading":"References to registered health practitioners","content":"251 References to registered health practitioners\n(1) A reference in an Act of a participating jurisdiction, or another\ninstrument, to the Health Practitioner Regulation (Administrative\nArrangements) National Law may, if the context permits, be taken to\nbe a reference to this Law.\n(2) A reference in an Act of a participating jurisdiction, or another\ninstrument, to a health practitioner registered in a health profession\nunder a corresponding prior Act may, if the context permits, be taken\nafter the participation day to be a reference to a health practitioner\nregistered in the health profession under this Law.\n","sortOrder":315},{"sectionNumber":"252","sectionType":"section","heading":"Directions given by Ministerial council","content":"252 Directions given by Ministerial council\nA direction given by the Ministerial Council to the National Agency\nor a National Board under the repealed Law, and in force immediately\nbefore the commencement day, is taken from the commencement day\nto be a direction given by the Ministerial Council under this Law.\n","sortOrder":316},{"sectionNumber":"253","sectionType":"section","heading":"Accreditation functions exercised by existing","content":"253 Accreditation functions exercised by existing\naccreditation entities\n(1) This section applies to an entity that, immediately before the\ncommencement day, was an entity appointed by the Ministerial\nCouncil under the repealed Law to exercise functions with respect to\naccreditation for a health profession under the national registration\nand accreditation scheme.\n(2) From the commencement day, the entity is taken to have been\nappointed under this Law to exercise the functions for the health\n\n(3) An accreditation standard approved by the entity for a health\nprofession, and in force immediately before the commencement day,\nis taken to be an approved accreditation standard for the health\nprofession under this Law.\n(4) The National Board established for the health profession must, not\nlater than 3 years after the commencement day, review the\narrangements for the exercise of accreditation functions for the health\n(5) The National Board must ensure the process for the review includes\nwide-ranging consultation about the arrangements for the exercise of\nthe accreditation functions.\n(6) If an entity is taken under subsection (2) to have been appointed to\nexercise an accreditation function for a health profession, the\nNational Board established for the profession must not, before the day\nthat is 3 years after the commencement day, end that entity’s\nappointment.\n","sortOrder":317},{"sectionNumber":"254","sectionType":"section","heading":"Health profession standards approved by Ministerial","content":"254 Health profession standards approved by Ministerial\nCouncil\nA health profession standard approved by the Ministerial Council\nunder the repealed Law is taken from the commencement day to be\nan approved registration standard under this Law.\n","sortOrder":318},{"sectionNumber":"255","sectionType":"section","heading":"Accreditation standards approved by National Board","content":"255 Accreditation standards approved by National Board\nAn accreditation standard approved by a National Board under the\nrepealed Law is taken from the commencement day to be an approved\naccreditation standard under this Law.\n\nAdvisory Council Division 3\nDivision 3 Advisory Council\n","sortOrder":319},{"sectionNumber":"256","sectionType":"section","heading":"Members of Advisory Council","content":"256 Members of Advisory Council\nmember of the Australian Health Workforce Advisory Council under\nthe repealed Law is taken to be a member of the Advisory Council\n(2) Without limiting subsection (1), a member of the Advisory Council\ncontinues to hold office—\n(a) on the same terms and conditions that applied to the member’s\n(3) The person who, immediately before the commencement day, held\noffice as Chairperson of the Australian Health Workforce Advisory\nCouncil under the repealed Law continues to hold office as\nChairperson of the Advisory Council under this Law.\nDivision 4 National Agency\n","sortOrder":320},{"sectionNumber":"257","sectionType":"section","heading":"Health profession agreements","content":"257 Health profession agreements\nFrom the commencement day, a health profession agreement entered\ninto by the Australian Health Practitioner Regulation Agency and in\nforce immediately before the commencement day is taken to be a\nhealth profession agreement entered into by the National Agency\n\n","sortOrder":321},{"sectionNumber":"258","sectionType":"section","heading":"Service agreement","content":"258 Service agreement\n(a) a local registration authority in that jurisdiction exercised\nfunctions in relation to related health professionals; or\n(b) a local registration authority in that jurisdiction was a party to a\nservice agreement for an entity to provide administrative or\noperational support to the authority and the entity also provided\nsupport under a service agreement to an authority that registers\nrelated health professionals.\n(2) From the participation day for the participating jurisdiction, the\nNational Agency may enter into an agreement with the authority that\nis responsible for registering the related health professionals to\nprovide services to the authority.\nrelated health professionals means persons who practise a profession\nproviding health services that is not a health profession under this\nLaw.\n","sortOrder":322},{"sectionNumber":"259","sectionType":"section","heading":"Members of Agency Management Committee","content":"259 Members of Agency Management Committee\nmember of the Australian Health Practitioner Regulation Agency\nManagement Committee under the repealed Law is taken to be a\nmember of the Agency Management Committee appointed under this\nLaw.\n(2) Without limiting subsection (1), a member of the Agency\nManagement Committee continues to hold office—\n(a) on the same terms and conditions that applied to the person’s\n\nStaff, consultants and contractors of National Agency Division 6\n(3) The person who, immediately before the commencement day, held\noffice as Chairperson of the Australian Health Practitioner Regulation\nAgency Management Committee under the repealed Law continues\nto hold office as Chairperson of the Agency Management Committee\nDivision 6 Staff, consultants and contractors of\nNational Agency\n","sortOrder":323},{"sectionNumber":"260","sectionType":"section","heading":"Chief executive officer","content":"260 Chief executive officer\nThe person who, immediately before the commencement day, held\noffice as chief executive officer of the Australian Health Practitioner\nRegulation Agency under the repealed Law is taken, from the\ncommencement day, to have been appointed as the chief executive\nofficer of the National Agency under this Law on the same terms and\nconditions that applied to the person’s appointment under the\nrepealed Law.\n","sortOrder":324},{"sectionNumber":"261","sectionType":"section","heading":"Staff","content":"261 Staff\n(1) A person who, immediately before the commencement day, was\nemployed by the Australian Health Practitioner Regulation Agency\nunder the repealed Law is taken, from the commencement day, to\nhave been employed by the National Agency under this Law.\n(2) A secondment arrangement in force immediately before the\ncommencement day is taken, from the commencement day, to have\nbeen made by the National Agency under this Law.\n\nsecondment arrangement means an arrangement made under the\nrepealed Law by the Australian Health Practitioner Regulation\nAgency for the services of any staff of a government agency of a\nparticipating jurisdiction or the Commonwealth.\n","sortOrder":325},{"sectionNumber":"262","sectionType":"section","heading":"Consultants and contractors","content":"262 Consultants and contractors\nA person who, immediately before the commencement day, was a\nconsultant or contractor engaged by the Australian Health\nPractitioner Regulation Agency under the repealed Law is taken,\nfrom the commencement day, to have been engaged by the National\nAgency under this Law.\n","sortOrder":326},{"sectionNumber":"263","sectionType":"section","heading":"Annual report","content":"263 Annual report\nSections 35 and 36 of the repealed Law continue to apply to the\npreparation and submission of the first annual report of the Australian\nHealth Practitioner Regulation Agency as if this Law had not\ncommenced.\n","sortOrder":327},{"sectionNumber":"Div 8","sectionType":"division","heading":"National Boards","content":"Division 8 National Boards\n","sortOrder":328},{"sectionNumber":"264","sectionType":"section","heading":"Members of National Boards","content":"264 Members of National Boards\nmember of a National Health Practitioner Board under the repealed\nLaw is taken to be a member of the National Board of the same name\n(2) Without limiting subsection (1), a member of a National Board holds\noffice—\n(a) on the same terms and conditions that applied to the person’s\n\nNational Boards Division 8\n(3) A person who, immediately before the commencement day, held\noffice as Chairperson of a National Health Practitioner Board is taken,\nfrom the commencement day, to hold office as Chairperson of the\nNational Board of the same name.\n","sortOrder":329},{"sectionNumber":"265","sectionType":"section","heading":"Committees","content":"265 Committees\n(1) From the commencement day, a committee established by a National\nHealth Practitioner Board under the repealed Law and in existence\nimmediately before the commencement day is taken to be a\ncommittee established under this Law by the National Board of the\nsame name.\n(2) A person who, immediately before the commencement day, held\noffice as a member of a committee established by a National Health\nPractitioner Board under the repealed Law is taken, from the\ncommencement day, to hold office as a member of the committee as\ncontinued in existence under subsection (1).\n","sortOrder":330},{"sectionNumber":"266","sectionType":"section","heading":"Delegation","content":"266 Delegation\n(1) This section applies if, under the repealed Law—\n(a) a National Health Practitioner Board had delegated any of its\nfunctions to a committee or the Australian Health Practitioner\nRegulation Agency and the delegation was in force immediately\nbefore the commencement day; or\n(b) the Australian Health Practitioner Regulation Agency had\nsubdelegated a function delegated to it by a National Health\nPractitioner Board to a member of the Agency’s staff and the\nsubdelegation was in force immediately before the\ncommencement day.\n\n(2) From the commencement day, the delegation or subdelegation\ncontinues as if it were a delegation or subdelegation under this Law.\n","sortOrder":331},{"sectionNumber":"267","sectionType":"section","heading":"Agency Fund","content":"267 Agency Fund\nFrom the commencement day, the Australian Health Practitioner\nRegulation Agency Fund established by the repealed Law is taken to\nbe the Agency Fund established by this Law.\nDivision 10 Offences\n","sortOrder":332},{"sectionNumber":"268","sectionType":"section","heading":"Offences","content":"268 Offences\nProceedings for an offence against the repealed Law may be started\nor continued as if this Law had not commenced.\n","sortOrder":333},{"sectionNumber":"269","sectionType":"section","heading":"General registration","content":"269 General registration\nparticipation day for a participating jurisdiction, held general\nof that jurisdiction.\n(2) From the participation day, the person is taken to hold general\nregistration under this Law in the health profession.\ngeneral registration includes—\n(a) full registration, unconditional registration and registration\nwithout conditions; and\n(b) enrolment, unconditional enrolment and enrolment without\nconditions.\n\n","sortOrder":334},{"sectionNumber":"270","sectionType":"section","heading":"Specialist registration","content":"270 Specialist registration\njurisdiction, a person was a specialist health practitioner in a\nspecialty in a health profession under the law of that jurisdiction;\nand\n(b) from the participation day—\n(i) the specialty is a recognised specialty in the health\n(ii) a recognised specialty in the health profession under this\nLaw includes, or is equivalent to, the specialty.\n(2) From the participation day, the person is taken to hold specialist\nregistration in the recognised specialty in the health profession under\nsubstantially equivalent to, a purpose for which limited registration\nmay be granted under this Law.\nspecialist health practitioner, in a specialty in a health profession,\nmeans a person who held specialist registration in, or was endorsed\nor otherwise authorised to practise, the specialty in the health\nprofession but does not include a person who held registration to\npractise the profession only for a corresponding purpose.\n\n","sortOrder":335},{"sectionNumber":"271","sectionType":"section","heading":"Provisional registration","content":"271 Provisional registration\nparticipation day for a participating jurisdiction, held registration\n(however described) under a law of that jurisdiction to enable the\nperson to complete a period of supervised practice or internship in a\nhealth profession required for the person to be eligible for general\nregistration (however described) in the profession.\n(2) From the participation day, the person is taken to hold provisional\n","sortOrder":336},{"sectionNumber":"272","sectionType":"section","heading":"Limited registration","content":"272 Limited registration\nof that jurisdiction that was granted for the practice of the health\nprofession only for a corresponding purpose.\n(2) From the participation day, the person is taken to hold limited\nregistration in the health profession for that purpose under this Law.\nsubstantially equivalent to, a purpose for which limited registration\nmay be granted under this Law.\n\n","sortOrder":337},{"sectionNumber":"273","sectionType":"section","heading":"Limited registration (public interest-occasional practice)","content":"273 Limited registration (public interest-occasional practice)\nof that jurisdiction that was granted—\n(a) subject to the following conditions limiting the scope of the\nperson’s practise of the profession—\n(i) the person must not practise the profession other than—\n(A) to refer a person to another registered health\n(B) to prescribe scheduled medicines in specified\ncircumstances; and\n(ii) the person must not receive a fee or other benefit for\nproviding a service referred to in subparagraph (i); or\n(b) on the basis the person had indicated the person was retired from\nregular practise and intended only to practise on an occasional\nbasis.\n(2) From the participation day, the person is taken to hold limited\nregistration in the public interest under this Law for the limited scope\nthat applied to the person’s practise of the health profession\nimmediately before the participation day.\n","sortOrder":338},{"sectionNumber":"274","sectionType":"section","heading":"Non-practising registration","content":"274 Non-practising registration\nof that jurisdiction that was granted subject to the condition that the\nperson must not practise the profession.\n(2) From the participation day, the person is taken to hold non-practising\n\n","sortOrder":339},{"sectionNumber":"275","sectionType":"section","heading":"Registration for existing registered students","content":"275 Registration for existing registered students\nparticipating jurisdiction, a person held registration as a student in a\nhealth profession under the law of that jurisdiction.\n(2) From the participation day, the person is taken to hold student\n","sortOrder":340},{"sectionNumber":"276","sectionType":"section","heading":"Registration for new students","content":"276 Registration for new students\n(1) This section applies in relation to a person who, immediately before\nthe participation day for a participating jurisdiction—\n(a) was a student undertaking a program of study, provided by an\neducation provider located in the jurisdiction, that from the\nparticipation day is an approved program of study for a health\n(b) was not required under the law of that jurisdiction to be\nregistered as a student in the health profession to undertake the\nprogram of study or any part of the program, including any\nclinical training or other practice of the profession related to\nundertaking the program.\n(2) Despite Division 7 of Part 7, the National Board established for the\nhealth profession is not required before 1 March 2011 to register the\nstudent in the profession.\n","sortOrder":341},{"sectionNumber":"277","sectionType":"section","heading":"Other registrations","content":"277 Other registrations\njurisdiction, a class of persons held a type of registration in, or\nwas endorsed or otherwise authorised to practise, a health\nprofession under the law of that jurisdiction; and\n\n(b) from the participation day, persons in that class are not\nregistered, endorsed or otherwise authorised to practise the\nprofession by another provision of this Division.\n(2) From the participation day, persons in that class are taken to hold the\ntype of registration in the health profession that is specified for the\nclass of persons in the registration transition plan prepared under\nsubsection (3) by the National Board established for that profession.\n(3) Before the participation day, each National Board must prepare a\nregistration transition plan that includes details of the type of\nregistration that is to be held under this Law by a class of persons\nreferred to in subsection (1).\n(4) In preparing a registration transition plan, a National Board must—\n(a) comply with any directions given by the Ministerial Council that\nare relevant to the transitional arrangements for the registration\nof the class of persons; and\n(b) have regard to the principle that persons in the class are to be\ngiven the widest possible scope of practice of the profession that\nis consistent with—\n(i) the authority the class of persons had to practise the\nprofession before the participation day; and\n(ii) the protection of the safety of the public.\n","sortOrder":342},{"sectionNumber":"278","sectionType":"section","heading":"Endorsements","content":"278 Endorsements\nparticipation day for a participating jurisdiction—\n(a) held a type of registration in that jurisdiction in a health\nprofession for a corresponding purpose; or\n(b) held general registration in that jurisdiction in a health\nprofession that had been endorsed for a corresponding purpose.\n\n(2) From the participation day, the person is taken to hold general\nregistration in the health profession that has been endorsed under this\nLaw for the purpose that is equivalent to, or substantially equivalent\nto, the corresponding purpose.\nsubstantially equivalent to, a purpose for which an endorsement may\nbe granted under this Law.\n","sortOrder":343},{"sectionNumber":"279","sectionType":"section","heading":"Conditions imposed on registration or endorsement","content":"279 Conditions imposed on registration or endorsement\n(a) a person is taken to be registered under this Law, or the person’s\nregistration under this Law is taken to be endorsed, because of\nthe person’s registration or endorsement under the law of a\nparticipating jurisdiction before the participation day for the\n(b) the person’s registration or endorsement under the law of that\njurisdiction was, immediately before the participation day,\nsubject to a condition—\n(i) whether described as a condition, restriction or otherwise;\nand\n(ii) whether imposed by or under an Act of that jurisdiction.\n(2) From the participation day, the person’s registration or endorsement\nunder this Law is taken to be subject to the same condition.\n\n","sortOrder":344},{"sectionNumber":"280","sectionType":"section","heading":"Expiry of registration and endorsement","content":"280 Expiry of registration and endorsement\n(1) This section applies if, under this Division, a person is taken to be\nregistered under this Law because of the person’s registration or\nendorsement under the law of a participating jurisdiction.\n(2) The person’s registration, and any endorsement of the registration,\nexpires on—\n(a) if the person was registered in more than one participating\njurisdiction, the end of the latest day on which under the law of\na participating jurisdiction—\n(i) any of the registrations would have expired; or\n(ii) an annual registration fee for any of the registrations would\nhave become payable; or\n(b) otherwise, at the end of the day on which under the law of the\n(i) the registration would have expired; or\n(ii) an annual registration fee for the registration would have\nbecome payable.\n(3) Subsection (2) does not prevent a National Board suspending or\ncancelling the person’s registration under this Law.\n","sortOrder":345},{"sectionNumber":"281","sectionType":"section","heading":"Protected titles for certain specialist health practitioners","content":"281 Protected titles for certain specialist health practitioners\njurisdiction, a person held specialist registration in a health\nprofession in that jurisdiction; and\n(b) on the participation day the health profession is not a profession\nfor which specialist recognition operates under this Law.\n\n(2) Despite section 118, the person does not commit an offence during\nthe transition period merely because the person takes or uses—\n(a) the title “specialist health practitioner”; or\n(b) another title the person was entitled to use under the law of the\nparticipating jurisdiction as in force immediately before the\nparticipation day.\ntransition period means the period—\n(a) starting at the beginning of the commencement day; and\n(b) ending at the end of the day that is 3 years after the\ncommencement day.\n","sortOrder":346},{"sectionNumber":"282","sectionType":"section","heading":"First renewal of registration or endorsement","content":"282 First renewal of registration or endorsement\n(a) a health practitioner’s registration or endorsement expires under\nsection 280; and\n(b) the National Board decides to renew the health practitioner’s\nregistration or endorsement under section 112.\n(2) Despite section 112 (6), the National Board may decide that the\nperiod for which the registration or endorsement is renewed is a\nperiod of not more than 2 years.\n","sortOrder":347},{"sectionNumber":"283","sectionType":"section","heading":"Programs of study","content":"283 Programs of study\nparticipating jurisdiction, a program of study provided a qualification\nfor registration in a health profession in that jurisdiction.\n(2) From the participation day, the program of study is taken to be an\napproved program of study for that health profession as if it had been\napproved under this Law.\n\n(3) The National Agency must, as soon as practicable after the\nparticipation day, include an approved program of study under\nsubsection (2) in the list published under section 49 (5).\n","sortOrder":348},{"sectionNumber":"284","sectionType":"section","heading":"Exemption from requirement for professional indemnity","content":"284 Exemption from requirement for professional indemnity\ninsurance arrangements for midwives practising private\nmidwifery\n(1) During the transition period, a midwife does not contravene\nsection 129 (1) merely because the midwife practises private\nmidwifery if—\n(a) the practise occurs in a participating jurisdiction in which,\nimmediately before the participation day for that jurisdiction, a\nperson was not prohibited from attending homebirths in the\ncourse of practising midwifery unless professional indemnity\ninsurance arrangements were in place; and\n(b) informed consent has been given by the woman in relation to\nwhom the midwife is practising private midwifery; and\n(c) the midwife complies with any requirements set out in a code or\nguideline approved by the National Board under section 39\nabout the practise of private midwifery, including—\n(i) any requirement in a code or guideline about reports to be\nprovided by midwives practising private midwifery; and\n(ii) any requirement in a code or guideline relating to the safety\nand quality of the practise of private midwifery.\n(2) A midwife who practises private midwifery under this section is not\nrequired to include in an annual statement under section 109 a\ndeclaration required by subsection (1) (a) (iv) and (v) of that section\nin relation to the midwife’s practise of private midwifery during a\nperiod of registration that is within the transition period.\n(3) For the purposes of this section, the transition period—\n(a) starts on 1 July 2010; and\n\n(b) ends on the prescribed day.\n(4) If the National Board decides appropriate professional indemnity\narrangements are available in relation to the practice of private\nmidwifery, the Board may recommend to the Ministerial Council that\nthe transition period, and the exemption provided by this section\nduring the transition period, should end.\nhomebirth means a birth in which the mother gives birth at her own\nhome or another person’s home.\ninformed consent means written consent given by a woman after she\nhas been given a written statement by a midwife that includes—\n(a) a statement that appropriate professional indemnity insurance\narrangements will not be in force in relation to the midwife’s\npractise of private midwifery; and\n(b) any other information required by the National Board.\nmidwife means a person whose name is included in the Register of\nMidwives kept by the National Board.\nNational Board means the National Board for midwifery.\nprivate midwifery means practising the midwifery profession—\n(a) in the course of attending a homebirth; and\n(b) without appropriate professional indemnity insurance\narrangements being in force in relation to that practise; and\n(c) other than as an employee of an entity.\ntransition period means the period referred to in subsection (3).\n\nApplications for registration and endorsement Division 12\nDivision 12 Applications for registration and\n","sortOrder":349},{"sectionNumber":"285","sectionType":"section","heading":"Applications for registration","content":"285 Applications for registration\nparticipating jurisdiction, an application for registration or renewal of\nregistration in a health profession had been made to a local\nregistration authority for the jurisdiction but not decided.\n(2) From the participation day, the application is taken to have been made\nunder this Law to the National Board for the health profession.\n","sortOrder":350},{"sectionNumber":"286","sectionType":"section","heading":"Applications for endorsement","content":"286 Applications for endorsement\nparticipating jurisdiction, an application for endorsement or renewal\nof an endorsement of a registration in a health profession had been\nmade to a local registration authority for the jurisdiction but not\ndecided.\n(2) From the participation day, the application is taken to have been made\nunder this Law to the National Board for the health profession.\n","sortOrder":351},{"sectionNumber":"287","sectionType":"section","heading":"Disqualifications and conditions relevant to applications","content":"287 Disqualifications and conditions relevant to applications\nfor registration\n(a) under a corresponding prior Act or another law of a participating\njurisdiction, a person’s registration in a health profession had\nbeen cancelled in that jurisdiction by an entity; and\n\n(b) in cancelling the person’s registration the entity also made any\nof the following decisions—\n(i) a decision to set a period during which the person was\ndisqualified from applying for registration, or being\nregistered, in a health profession in the participating\njurisdiction;\n(ii) a decision to set conditions under which the person might\nreapply for registration in the profession;\n(iii) a decision to set conditions that must be imposed on any\nfuture registration of the person in the profession; and\n(c) immediately before the participation day, the decision was still\nin force.\n(2) From the participation day, the decision continues as if it had been\nmade under this Law by the responsible tribunal for the participating\n","sortOrder":352},{"sectionNumber":"Div 13","sectionType":"division","heading":"Complaints, notifications and","content":"Division 13 Complaints, notifications and\n","sortOrder":353},{"sectionNumber":"288","sectionType":"section","heading":"Complaints and notifications made but not being dealt","content":"288 Complaints and notifications made but not being dealt\nwith on participation day\nparticipating jurisdiction, a local registration authority for the\njurisdiction had received but not started dealing with a complaint or\nnotification about a person registered in a health profession by the\n(2) From the participation day, the complaint or notification is taken to\nbe a notification made under this Law to the National Agency.\n(3) This section does not apply to a co-regulatory jurisdiction.\n\nComplaints, notifications and disciplinary proceedings Division 13\n","sortOrder":354},{"sectionNumber":"289","sectionType":"section","heading":"Complaints and notifications being dealt with on","content":"289 Complaints and notifications being dealt with on\nparticipation day\nparticipating jurisdiction, a local registration authority for the\njurisdiction had started but not completed dealing with a complaint or\nnotification about a person registered in a health profession by the\n(2) From the participation day—\n(a) the complaint or notification is taken to be a notification made\nunder this Law and is to be dealt with by the National Board for\nthe health profession; and\n(b) the notification is to continue to be dealt with under the Act of\nthe participating jurisdiction under which it was made, and any\nproceedings or appeal relating to the notification may be dealt\nwith, as if that Act had not been repealed.\n(3) For the purposes of this section, the Act of the participating\njurisdiction applies—\n(a) as if a reference to the local registration authority were a\nreference to the National Board; and\n(b) with any other changes that are necessary or convenient.\n(4) The National Board must give effect to a decision made on an inquiry,\ninvestigation, proceeding or appeal completed under the Act of the\nparticipating jurisdiction as if it were a decision under this Law.\n(5) This section does not apply to a co-regulatory jurisdiction.\n","sortOrder":355},{"sectionNumber":"290","sectionType":"section","heading":"Effect of suspension","content":"290 Effect of suspension\n(a) because of another provision of this Part, a person is taken to be\nregistered under this Law; and\n\n(b) immediately before the participation day for the participating\njurisdiction in which the person was registered under a\ncorresponding prior Act, the person’s registration was\nsuspended under a law of that jurisdiction.\n(2) From the participation day, the person’s registration is taken to have\nbeen suspended under this Law.\n","sortOrder":356},{"sectionNumber":"291","sectionType":"section","heading":"Undertakings and other agreements","content":"291 Undertakings and other agreements\nparticipating jurisdiction, an undertaking or other agreement between\na person registered under a corresponding prior Act and the local\nregistration authority for a health profession was in force.\n(2) From the participation day, the undertaking or other agreement is\ntaken to have been entered into under this Law between the person\nand the National Board established for the health profession.\n","sortOrder":357},{"sectionNumber":"292","sectionType":"section","heading":"Orders","content":"292 Orders\n(a) under a corresponding prior Act of a participating jurisdiction,\nan adjudication body had, at the end of a proceeding before the\nadjudication body about a health practitioner’s practice or\nconduct, ordered the health practitioner to do, or refrain from\ndoing, something; and\n(b) immediately before the participation day, the order was still in\nforce.\n(2) From the participation day, the order continues in force as if it had\nbeen made under this Law.\nadjudication body means a court, tribunal, panel or local registration\n\nLocal registration authority Division 14\n","sortOrder":358},{"sectionNumber":"293","sectionType":"section","heading":"List of approved persons","content":"293 List of approved persons\nparticipating jurisdiction, a person was appointed as a member of a\nlist of persons approved to be appointed as members of a body that\nexercised functions that correspond to a panel for a health profession.\n(2) From the participation day, the person is taken to have been appointed\nby the National Board established for the health profession to the list\nkept by that Board under section 183.\n","sortOrder":359},{"sectionNumber":"294","sectionType":"section","heading":"Definition","content":"294 Definition\ntransfer day, for a participating jurisdiction, means—\n(a) for a health profession other than a relevant health profession—\n(i) 1 July 2010; or\n(ii) the later day on which the jurisdiction became a\nparticipating jurisdiction; or\n(b) for a relevant health profession, 1 July 2012.\n","sortOrder":360},{"sectionNumber":"295","sectionType":"section","heading":"Assets and liabilities","content":"295 Assets and liabilities\n(1) From the transfer day for a participating jurisdiction—\n(a) the assets and liabilities of a local registration authority for a\nhealth profession in a participating jurisdiction are taken to be\nassets and liabilities of the National Agency and are to be paid\ninto or out of the account kept in the Agency Fund for the\nNational Board established for the profession; and\n\n(b) any contract, other than an employment contract, entered into by\nor on behalf of the local registration authority and all guarantees,\nundertakings and securities given by or on behalf of the\nauthority, in force immediately before the participation day, are\ntaken to have been entered into or given by or to the National\nAgency and may be enforced against or by the Agency; and\n(c) any property that, immediately before the participation day, was\nheld on trust, or subject to a condition, by the local registration\nauthority continues to be held by the National Agency on the\nsame trust, or subject to the same condition and is to be paid into\nthe account kept in the Agency Fund for the National Board.\nemployment contract means either of the following under which a\nperson is employed—\n(a) a contract of employment;\n(b) a contract for services.\n","sortOrder":361},{"sectionNumber":"296","sectionType":"section","heading":"Records relating to registration and accreditation","content":"296 Records relating to registration and accreditation\n(1) This section applies to a record of a local registration authority for a\nhealth profession in a participating jurisdiction that relates to the\nauthority’s functions in relation to the following—\n(a) the registration of individuals;\n(b) complaints and notifications about, and proceedings against,\nindividuals who are or were registered;\n(c) accreditation of courses that qualify individuals for registration.\n(2) From the transfer day for the participating jurisdiction, the record is\ntaken to be a record of the National Board for the health profession.\n\nLocal registration authority Division 14\n","sortOrder":362},{"sectionNumber":"297","sectionType":"section","heading":"Financial and administrative records","content":"297 Financial and administrative records\n(1) This section applies to a record of a local registration authority in a\nparticipating jurisdiction that relates to the authority’s financial or\nadministrative functions.\n(2) From the transfer day for the participating jurisdiction, the record is\ntaken to be a record of the National Agency.\n","sortOrder":363},{"sectionNumber":"298","sectionType":"section","heading":"Pharmacy businesses and premises","content":"298 Pharmacy businesses and premises\nSections 295 to 297 do not apply to an asset, liability, contract,\nproperty or record of a local registration authority that relates to the\nregulation of a pharmacy business, pharmacy premises, a pharmacy\ndepartment or any other pharmacy-related entity that is not an\n","sortOrder":364},{"sectionNumber":"299","sectionType":"section","heading":"Members of local registration authority","content":"299 Members of local registration authority\n(1) This section applies if, in anticipation of a jurisdiction becoming a\nparticipating jurisdiction, a National Board established for a health\nprofession establishes a State or Territory Board for the jurisdiction.\n(2) A person who, immediately before the State or Territory Board was\nestablished, was a member of the local registration authority for the\nprofession in the participating jurisdiction is taken to be a member of\nthe State or Territory Board.\n(3) Section 36 (5) and (6) do not apply to the membership of a State or\nTerritory Board for a jurisdiction for 12 months after the jurisdiction\nbecomes a participating jurisdiction.\nNote Section 36 (5) and (6) provide requirements for the number of practitioner\nmembers and community members required by a State or Territory\n\n","sortOrder":365},{"sectionNumber":"Div 15","sectionType":"division","heading":"Staged commencement for certain","content":"Division 15 Staged commencement for certain\nhealth professions\n","sortOrder":366},{"sectionNumber":"300","sectionType":"section","heading":"Application of Law to relevant health profession between","content":"300 Application of Law to relevant health profession between\ncommencement and 1 July 2012\n(1) This Law does not apply with respect to a relevant health profession\nduring the period starting on the commencement day and ending on\n(2) The following Parts of this Law do not apply with respect to a relevant\nhealth profession during the period starting on 1 July 2011 and ending\non 30 June 2012—\n(a) Part 7, other than Division 10;\n(b) Parts 8 to 11.\n(3) Despite subsection (2) (a), a person does not commit an offence\nagainst a provision of Division 10 of Part 7 merely because, before 1\nJuly 2012, the person—\n(a) takes or uses a title, name, initial, symbol, word or description\nthat, having regard to the circumstances in which it is taken or\nused, indicates or could be reasonably understood to indicate\nthat the person is authorised or qualified to practise in a relevant\nhealth profession; or\n(b) uses a title that is listed in the Table to section 113 opposite a\nrelevant health profession.\n\nStaged commencement for certain health professions Division 15\n","sortOrder":367},{"sectionNumber":"301","sectionType":"section","heading":"Ministerial Council may appoint external accreditation","content":"301 Ministerial Council may appoint external accreditation\n(1) The Ministerial Council may appoint an entity, other than a\ncommittee established by a National Board, to exercise an\naccreditation function for a relevant health profession.\n(2) Without limiting subsection (1), an entity that accredited courses for\nthe purposes of registration in a relevant health profession under a\ncorresponding prior Act may be appointed to exercise an\naccreditation function for the profession under this Law.\n(3) The National Board established for the health profession must, not\nlater than 1 July 2015, review the arrangements for the exercise of the\naccreditation functions for the health profession.\n(4) The National Board must ensure the process for the review includes\nwide-ranging consultation about the arrangements for the exercise of\nthe accreditation functions.\n(5) If an entity is appointed under subsection (1) to exercise an\naccreditation function for a health profession, the National Board\nestablished for the profession must not, before 1 July 2015, end that\nentity’s appointment.\n","sortOrder":368},{"sectionNumber":"302","sectionType":"section","heading":"Application of Law to appointment of first National Board","content":"302 Application of Law to appointment of first National Board\nfor relevant professions\nDespite section 34 (2), a person is eligible for appointment as a\npractitioner member of the first National Board for a relevant health\nprofession if the person—\n(a) is registered in the profession under a law of a participating\n(b) holds a qualification that entitles the person to registration in the\nprofession under a law of a participating jurisdiction; or\n(c) is otherwise eligible to apply for or hold registration in the\nprofession under the law of a participating jurisdiction.\n\n","sortOrder":369},{"sectionNumber":"303","sectionType":"section","heading":"Qualifications for general registration in relevant","content":"303 Qualifications for general registration in relevant\nprofession\n(1) For the purposes of section 52 (1) (a), an individual who applies for\nregistration in a relevant health profession before 1 July 2015 is\nqualified for general registration in the profession if the individual—\n(a) holds a qualification or has completed training in the profession,\nwhether in a participating jurisdiction or elsewhere, that the\nNational Board established for the profession considers is\nadequate for the purposes of practising the profession; or\n(b) holds a qualification or has completed training in the profession,\nwhether in a participating jurisdiction or elsewhere, and has\ncompleted any further study, training or supervised practice in\nthe profession required by the Board for the purposes of this\nsection; or\n(c) has practised the profession at any time between 1 July 2002 and\n30 June 2012 for a consecutive period of 5 years or for any\nperiods which together amount to 5 years.\n(2) This section applies despite section 53.\n","sortOrder":370},{"sectionNumber":"304","sectionType":"section","heading":"Relationship with other provisions of Law","content":"304 Relationship with other provisions of Law\nThis Division applies despite any other provision of this Law but does\nnot affect the operation of clause 30 of Schedule 7.\n\n","sortOrder":371},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional and other provisions","content":"Part 13 Transitional and other provisions\nfor Health Practitioner Regulation\nNational Law and Other\nLegislation Amendment Bill 2017\nDivision 1 Paramedicine Board and registration\nof paramedics\n","sortOrder":372},{"sectionNumber":"306","sectionType":"section","heading":"Definitions","content":"306 Definitions\nIn this division—\nAmbulance Service of New South Wales, for the issue of a Diploma\nof Paramedical Science, includes another entity prescribed by\nregulation for issuing the diploma.\nDiploma of Paramedical Science see section 312 (5).\nParamedicine Board means—\n(a) the Paramedicine Board of Australia established under\nsection 307; or\n(b) the Board continued in force on the participation day by a\nregulation made under section 31; or\n(c) if, after the participation day, the Paramedicine Board is\ndissolved and replaced by another Board established for the\nhealth profession of paramedicine by a regulation made under\nsection 31—the other Board.\nparticipation day means a day prescribed by regulation after which\nan individual may be registered in paramedicine under this Law.\nrelevant day means the day that is 3 years after the participation day.\n\n","sortOrder":373},{"sectionNumber":"307","sectionType":"section","heading":"Establishment of Paramedicine Board","content":"307 Establishment of Paramedicine Board\n(1) The Paramedicine Board of Australia is established as a National\nHealth Practitioner Board for the health profession of paramedicine.\n(2) The Board—\n(3) The Board represents the State.\n(4) This section applies until the Board is continued in force by a\nregulation made under section 31.\n","sortOrder":374},{"sectionNumber":"308","sectionType":"section","heading":"Powers and functions of Paramedicine Board","content":"308 Powers and functions of Paramedicine Board\n(1) Sections 32, 33, 34, 37, 40, 234 and schedule 4 apply to the\nParamedicine Board until the participation day.\n(2) However, for section 34, the Ministerial Council may, until the\nparticipation day, appoint as practitioner members persons who the\nCouncil is satisfied have skills and experience in paramedicine\nrelevant to the Board’s functions.\n(3) The Paramedicine Board may perform the following functions until\nthe participation day—\n(a) develop and recommend one or more registration standards to\nthe Ministerial Council under section 38 for its approval under\nsection 12;\n(b) develop and approve codes and guidelines under section 39;\n(c) decide the day after which individuals may apply for registration\nin paramedicine;\n(d) do anything under part 6 in relation to accreditation for\nparamedicine;\n\n(e) do anything under part 7 to register individuals in paramedicine;\n(f) anything else the Board may do under this division.\n","sortOrder":375},{"sectionNumber":"309","sectionType":"section","heading":"Paramedicine Board taken to be a National Board for","content":"309 Paramedicine Board taken to be a National Board for\nstated matters\nThe Paramedicine Board is taken to be a National Board for the\nfollowing provisions of this Law until the participation day—\n(a) part 2;\n(b) part 4;\n(c) part 9;\n(d) part 10, except for division 3;\n(e) section 236.\n","sortOrder":376},{"sectionNumber":"310","sectionType":"section","heading":"CAA accredited programs of study","content":"310 CAA accredited programs of study\n(1) The Paramedicine Board may, until the relevant day, approve, or\nrefuse to approve, a CAA accredited program of study as providing a\nqualification for the purposes of registration in paramedicine.\n(2) An approval of a program of study under subsection (1)—\n(a) may be granted subject to the conditions the Board considers\nnecessary or desirable in the circumstances; and\n(b) does not take effect until the program is included in the list\npublished under subsection (3).\n(3) A program of study approved by the Board under subsection (1)\nmust—\n(a) be published in a list on the National Agency’s website; and\n(b) include, for each program of study, the name of the education\nprovider that provides the program.\n\n(4) A program of study approved under this section is taken to be an\napproved program of study for this Law.\n(5) This section applies despite section 49 (1).\n(6) In this section—\nCAA accredited program of study means a program of study\naccredited by the Council of Ambulance Authorities Inc. and\npublished on the Council’s website—\n(a) immediately before the commencement; or\n(b) between the commencement and the participation day.\n","sortOrder":377},{"sectionNumber":"311","sectionType":"section","heading":"Qualifications for general registration in paramedicine for","content":"311 Qualifications for general registration in paramedicine for\na limited period\n(1) For the purposes of section 52 (1) (a), an individual who applies for\nregistration in paramedicine before the relevant day is qualified for\ngeneral registration in paramedicine if the individual—\n(a) holds a qualification or has completed training in paramedicine,\nwhether in a participating jurisdiction or elsewhere, that the\nParamedicine Board considers is adequate for the purposes of\npractising the profession; or\n(b) holds a qualification or has completed training in paramedicine,\nwhether in a participating jurisdiction or elsewhere, and has\ncompleted any further study, training or supervised practice in\nthe profession required by the Paramedicine Board for the\npurposes of this section; or\n(c) has practised paramedicine during the 10 years before the\nparticipation day for a consecutive period of 5 years or for any\nperiods which together amount to 5 years and satisfies the\nParamedicine Board that he or she is competent to practise\nparamedicine.\n(2) This section applies despite section 53.\n\n","sortOrder":378},{"sectionNumber":"312","sectionType":"section","heading":"Accepted qualification for general registration in","content":"312 Accepted qualification for general registration in\nparamedicine\n(1) This section applies to an individual who holds a Diploma of\nParamedical Science issued by the Ambulance Service of New South\nWales.\n(2) The individual is qualified for general registration in paramedicine\nfor the purposes of section 52 (1) (a).\n(3) This section applies despite section 53.\n(4) Nothing in this section makes a Diploma of Paramedical Science\nissued by the Ambulance Service of New South Wales an approved\nqualification for section 53 (b).\nDiploma of Paramedical Science means any of the following—\n(a) a Diploma of Paramedical Science;\n(b) a Diploma of Paramedical Science (Ambulance) or an Advanced\nDiploma of Paramedical Science (Ambulance);\n(c) a Diploma in Paramedical Science (Pre-Hospital Care) or an\nAdvanced Diploma Paramedical Sciences (Pre-Hospital Care);\n(d) a qualification—\n(i) that has replaced the diploma mentioned in paragraph (a)\nand is prescribed by regulation; and\n(ii) issued by the Ambulance Service of New South Wales.\n","sortOrder":379},{"sectionNumber":"313","sectionType":"section","heading":"Provisions that apply to student registration for Diploma","content":"313 Provisions that apply to student registration for Diploma\nof Paramedical Science\nA Diploma of Paramedical Science issued by the Ambulance Service\nof New South Wales is taken to be an approved program of study for\nPart 7, division 7, subdivisions 1 and 3.\n\n","sortOrder":380},{"sectionNumber":"314","sectionType":"section","heading":"Applications for registration in paramedicine and period","content":"314 Applications for registration in paramedicine and period\nof registration\n(1) An individual may apply to the Paramedicine Board for registration\nin paramedicine—\n(a) before the participation day; and\n(b) after the day decided by the Board under section 308 (3) (c).\n(2) Subsection (3) applies if an individual applies for registration in\nparamedicine under subsection (1) and the Board grants the\napplication under part 7.\n(3) Despite section 56, the registration period—\n(a) does not start until the participation day; and\n(b) may be a period of not more than 2 years decided by the Board.\n","sortOrder":381},{"sectionNumber":"315","sectionType":"section","heading":"Applications for registration in paramedicine made but","content":"315 Applications for registration in paramedicine made but\nnot decided before participation day\n(a) before the participation day an individual applies to the\nParamedicine Board for registration in paramedicine; and\n(b) the application is not decided by the Board by the participation\nday; and\n(c) while the application for registration is being decided, the\nindividual takes or uses a title, or does anything else, relating to\nparamedicine, that would contravene section 113 or 116.\n(2) The individual does not commit an offence against section 113 or 116\nwhile the application is being decided.\nNote See section 85 for when an application not decided by a National Board\nis taken to be a decision to refuse the application.\n\n","sortOrder":382},{"sectionNumber":"316","sectionType":"section","heading":"Period after participation day during which an individual","content":"316 Period after participation day during which an individual\ndoes not commit an offence under ss 113 and 116\n(1) This section applies if an individual eligible for registration in\nparamedicine—\n(a) has not applied to the Paramedicine Board for registration in\nparamedicine before the participation day; and\n(b) takes or uses a title, or does anything else, relating to\nparamedicine, that would contravene section 113 or 116.\nNote An individual may be qualified for general registration in paramedicine\nunder section 311 or 312.\n(2) The individual does not commit an offence against section 113 or 116\nduring the period of 90 days after the participation day.\n","sortOrder":383},{"sectionNumber":"317","sectionType":"section","heading":"Application of ss 113 and 116 to individual temporarily","content":"317 Application of ss 113 and 116 to individual temporarily\npractising paramedicine in another jurisdiction\n(1) This section applies to an individual who—\n(a) usually practises paramedicine in a participating jurisdiction that\nhas yet to enact a law that substantially corresponds with the\nprovisions of this law about paramedicine; and\n(b) temporarily takes or uses a title or does anything else, relating\nto paramedicine in another jurisdiction, that would contravene\nsection 113 or 116; and\n(c) complies with any regulation made under this Law about\ntemporarily taking or using a title or doing anything else,\nrelating to paramedicine in another jurisdiction.\n(2) The individual does not commit an offence against section 113 or\n116.\nanother jurisdiction means a participating jurisdiction in which the\nprovisions of this Law about paramedicine apply.\n\n","sortOrder":384},{"sectionNumber":"318","sectionType":"section","heading":"Deciding review period for decision on application made","content":"318 Deciding review period for decision on application made\nunder section 125 before commencement\n(a) before the commencement, a registered health practitioner or\nstudent applied to a National Board under section 125 to change\nor remove a condition or change or revoke an undertaking; and\n(b) immediately before the commencement, the application had not\nbeen decided by the Board; and\n(c) after the commencement, the Board’s decision results in a\nregistration or endorsement being subject to a condition, or an\nundertaking is still in place.\n(2) The National Board may decide a review period for the condition or\nundertaking under section 125 (5A) and give the registered health\npractitioner or student notice under section 125 (6).\n","sortOrder":385},{"sectionNumber":"319","sectionType":"section","heading":"Deciding review period for decision after notice given","content":"319 Deciding review period for decision after notice given\nunder section 126 before commencement\n(a) before the commencement, a National Board had given notice\nto a registered health practitioner or student under section 126\nabout changing a condition on the practitioner’s or student’s\n(b) immediately before the commencement the Board had not made\na decision in relation to the matter; and\n(c) after the commencement, the Board’s decision results in the\npractitioner’s or student’s registration being subject to a\ncondition.\n\nOther transitional provisions Division 2\n(2) The National Board may decide a review period for the condition\nunder section 126 (5A) and give the registered health practitioner or\nstudent notice under section 126 (6).\n","sortOrder":386},{"sectionNumber":"320","sectionType":"section","heading":"Membership of continued National Boards","content":"320 Membership of continued National Boards\n(a) a person holds office as a member of a National Board\nimmediately before the commencement; and\n(b) the Board is continued in force after the commencement (the\ncontinued Board) by a regulation made under section 31.\n(2) The person continues to hold office as a member of the continued\nBoard after the commencement—\n(a) on the terms and conditions that applied to the person’s\nappointment before commencement; and\n(b) until the office of the member becomes vacant under this Law.\n(3) Also, a person who is Chairperson of a National Board immediately\nbefore the commencement continues to hold office as Chairperson of\nthe continued Board after the commencement.\n(4) Subsection (5) applies if the process for appointing a person as a\nmember of a National Board is started but not completed before the\ncommencement.\n(5) The process may continue after the commencement and the person\nmay be appointed as a member of the continued Board.\n","sortOrder":387},{"sectionNumber":"321","sectionType":"section","heading":"Offences relating to prohibition orders made before","content":"321 Offences relating to prohibition orders made before\nSection 196A also applies to a prohibition order made before the\ncommencement.\n\n","sortOrder":388},{"sectionNumber":"322","sectionType":"section","heading":"Register to include prohibition orders made before","content":"322 Register to include prohibition orders made before\n(1) For section 222 (4) (b) and section 223 (b), a National Board may also\nrecord in the register the names of persons subject to a prohibition\norder made before the commencement.\n(2) Also, for section 227 (b), a National Board may also include in the\nregister copies of prohibition orders made before the commencement.\n","sortOrder":389},{"sectionNumber":"323","sectionType":"section","heading":"Public national registers","content":"323 Public national registers\n(1) This section applies to a register kept under section 222 or 223\nimmediately before the commencement.\n(2) The register continues in force immediately after the commencement.\n\nTransitional provisions for Health Practitioner Regulation National Law and\n","sortOrder":390},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional provisions for Health","content":"Part 14 Transitional provisions for Health\nPractitioner Regulation National\nLaw and Other Legislation\nAmendment Act 2022\n","sortOrder":391},{"sectionNumber":"324","sectionType":"section","heading":"Renaming of Agency Management Committee","content":"324 Renaming of Agency Management Committee\n(1) The renaming of the Agency Management Committee by the Health\nPractitioner Regulation National Law and Other Legislation\nAmendment Act 2022 does not affect the validity of an appointment of a\nperson to the Committee before the renaming.\nAgency Management Committee means the Australian Health\nPractitioner Regulation Agency Management Committee established\nby section 29, as in force immediately before the commencement of\nthis section.\n","sortOrder":392},{"sectionNumber":"325","sectionType":"section","heading":"Saving of endorsement of midwife practitioner","content":"325 Saving of endorsement of midwife practitioner\n(1) If, immediately before the commencement of section 75 of the Health\nPractitioner Regulation National Law and Other Legislation\nAmendment Act 2022, a registered health practitioner’s registration was\nendorsed as being qualified to practise as a midwife practitioner, the\npractitioner may do any of the following as if section 96 had not been\nrepealed—\n(a) if the practitioner continues to comply with any approved\nregistration standard relevant to the endorsement—continue to\nhold and renew the endorsement, subject to any conditions\nstated in the endorsement;\n(b) while holding the endorsement, use the title “midwife\npractitioner” or otherwise hold himself or herself out as holding\nthe endorsement.\n\nPart 14 Transitional provisions for Health Practitioner Regulation National Law and\n(2) Section 119 continues to apply in relation to a claim by any other\nregistered health practitioner to hold, or to be qualified to hold, an\nendorsement as a midwife practitioner as if section 96 had not been\nrepealed.\n\nTransitional provision for Health Practitioner Regulation National Law\n(Surgeons) Amendment Act 2023\n","sortOrder":393},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional provision for Health","content":"Part 15 Transitional provision for Health\nPractitioner Regulation National\nLaw (Surgeons) Amendment\nAct 2023\n","sortOrder":394},{"sectionNumber":"326","sectionType":"section","heading":"Application of ss 196A, 222, 223 and 227 to particular","content":"326 Application of ss 196A, 222, 223 and 227 to particular\nprohibition orders\n(1) This section applies in relation to a prohibition order that is—\n(a) a decision by a responsible tribunal of this jurisdiction under\nsection 196 (4) (c); or\n(b) a decision by a responsible tribunal of another participating\njurisdiction under section 196 (4) (c) as it applies in the other\n(2) Sections 196A, 222, 223 and 227 apply in relation to the prohibition\norder even if the order was made before the commencement.\n\n(Section 29)\n1 Definitions\nIn this Schedule—\nChairperson means the Chairperson of the Agency Board.\nmember means a member of the Agency Board.\n\n2 Terms of office of members\nSubject to this Schedule, a member holds office for the period (not\nexceeding 3 years) specified in the member’s instrument of\nappointment, but is eligible (if otherwise qualified) for\nreappointment.\n3 Remuneration\nA member is entitled to be paid such remuneration (including\ntravelling and subsistence allowances) as the Ministerial Council may\nfrom time to time determine with respect to the member.\n4 Vacancy in office of member\n(1) The office of a member becomes vacant if the member—\n(a) completes a term of office; or\n(b) resigns the office by instrument in writing addressed to the\nChairperson of the Ministerial Council; or\n(c) is removed from office by the Chairperson of the Ministerial\nCouncil under this clause; or\n(d) is absent, without leave first being granted by the Chairperson\nof the Agency Board, from 3 or more consecutive meetings of\nthe Agency Board of which reasonable notice has been given to\nthe member personally or by post; or\n(e) dies.\n\n(2) The Chairperson of the Ministerial Council may remove a member\nfrom office if—\n(a) the member has been found guilty of an offence (whether in a\nparticipating jurisdiction or elsewhere) that, in the opinion of the\nChairperson of the Ministerial Council, renders the member\nunfit to continue to hold the office of member; or\n(b) the member, as a result of the member’s misconduct,\nimpairment or incompetence—\n(i) ceases to be a registered health practitioner; or\n(ii) if the member is registered in more than one health\nprofession—ceases to be registered in either or any of the\n(c) the member becomes bankrupt, applies to take the benefit of any\nlaw for the relief of bankrupt or insolvent debtors, compounds\nwith the member’s creditors or makes an assignment of the\nmember’s remuneration for their benefit; or\n(d) the Agency Board recommends the removal of the member, on\nthe basis that the member has engaged in misconduct or has\nfailed or is unable to properly exercise the member’s functions\nas a member.\n(3) In addition, the Chairperson of the Ministerial Council may remove\nthe Chairperson of the Agency Board from office as a member if the\nChairperson of the Agency Board becomes a registered health\n\n5 Vacancies to be advertised\n(1) Before the Ministerial Council appoints a member of the Agency\nBoard, the vacancy to be filled is to be publicly advertised.\n(2) It is not necessary to advertise a vacancy in the membership of the\nAgency Board before appointing a person to act in the office of a\nNote The general interpretation provisions applicable to this Law under\nsection 6 confer power to appoint acting members of the Agency Board.\n","sortOrder":395},{"sectionNumber":"6","sectionType":"section","heading":"Extension of term of office during vacancy in","content":"6 Extension of term of office during vacancy in\nmembership\n(1) If the office of a member becomes vacant because the member has\ncompleted the member’s term of office, the member is taken to\ncontinue to be a member during that vacancy until the date on which\nthe vacancy is filled (whether by reappointment of the member or\nappointment of a successor to the member).\n(2) However, this clause ceases to apply to the member if—\n(a) the member resigns the member’s office by instrument in\nwriting addressed to the Chairperson of the Ministerial Council;\nor\n(b) the Chairperson of the Ministerial Council determines that the\nservices of the member are no longer required.\n(3) The maximum period for which a member is taken to continue to be\na member under this clause after completion of the member’s term of\noffice is 6 months.\n\n","sortOrder":396},{"sectionNumber":"7","sectionType":"section","heading":"Members to act in public interest","content":"7 Members to act in public interest\n(1) A member of the Agency Board is to act impartially and in the public\ninterest in the exercise of the member’s functions as a member.\n(2) Accordingly, a member of the Agency Board is to put the public\ninterest before the interests of particular health practitioners or any\nbody or organisation that represents health practitioners.\n8 Disclosure of conflict of interest\n(1) If—\n(a) a member has a direct or indirect pecuniary or other interest in a\nmatter being considered or about to be considered at a meeting\nof the Agency Board; and\n(b) the interest appears to raise a conflict with the proper\nperformance of the member’s duties in relation to the\nconsideration of the matter;\nthe member must, as soon as possible after the relevant facts have\ncome to the member’s knowledge, disclose the nature of the interest\nat a meeting of the Agency Board.\n(2) Particulars of any disclosure made under this clause must be recorded\nby the Agency Board in a book kept for the purpose.\n(3) After a member has disclosed the nature of an interest in any matter,\nthe member must not, unless the Ministerial Council or the Agency\nBoard otherwise determines—\n(a) be present during any deliberation of the Agency Board with\nrespect to the matter; or\n(b) take part in any decision of the Agency Board with respect to\nthe matter.\n\n(4) For the purposes of the making of a determination by the Agency\nBoard under subclause (3), a member who has a direct or indirect\npecuniary or other interest in a matter to which the disclosure relates\nmust not—\n(a) be present during any deliberation of the Agency Board for the\npurpose of making the determination; or\n(b) take part in the making of the determination by the Agency\n(5) A contravention of this clause does not invalidate any decision of the\n\nPart 3 Procedure\nPart 3 Procedure\n9 General procedure\nThe procedure for the calling of meetings of the Agency Board and\nfor the conduct of business at those meetings is, subject to this Law,\nto be as determined by the Agency Board.\n10 Quorum\nThe quorum for a meeting of the Agency Board is a majority of its\nmembers for the time being.\n11 Chief executive officer may attend meetings\nThe chief executive officer of the National Agency may attend\nmeetings of the Agency Board and may participate in discussions of\nthe Agency Board, but is not entitled to vote at a meeting.\n12 Presiding member\n(1) The Chairperson (or, in the absence of the Chairperson, a person\nelected by the members of the Agency Board who are present at a\nmeeting of the Agency Board) is to preside at a meeting of the Agency\n(2) The presiding member has a deliberative vote and, in the event of an\nequality of votes, has a second or casting vote.\n13 Voting\nA decision supported by a majority of the votes cast at a meeting of\nthe Agency Board at which a quorum is present is the decision of the\n\nProcedure Part 3\nClause 14\n14 Transaction of business outside meetings or by\ntelecommunication\n(1) The Agency Board may, if it thinks fit, transact any of its business by\nthe circulation of papers among all the members of the Agency Board\nfor the time being, and a resolution in writing approved in writing by\na majority of those members is taken to be a decision of the Agency\n(2) The Agency Board may, if it thinks fit, transact any of its business at\na meeting at which members (or some members) participate by\ntelephone, closed-circuit television or other means, but only if any\nmember who speaks on a matter before the meeting can be heard by\nthe other members.\n(3) For the purposes of—\n(a) the approval of a resolution under subclause (1); or\n(b) a meeting held in accordance with subclause (2);\nthe Chairperson and each member have the same voting rights as they\nhave at an ordinary meeting of the Agency Board.\n(4) Papers may be circulated among the members for the purposes of\nsubclause (1) by facsimile, email or other transmission of the\ninformation in the papers concerned.\n15 First meeting\nThe Chairperson may call the first meeting of the Agency Board in\nany manner the Chairperson thinks fit.\n16 Defects in appointment of members\nA decision of the Agency Board is not invalidated by any defect or\nirregularity in the appointment of any member (or acting member) of\nthe Agency Board.\n\nPart 1 Chief executive officer\n(Section 23)\nPart 1 Chief executive officer\n1 Chief executive officer\n(1) The Agency Board is to appoint a person as chief executive officer of\nthe National Agency.\n(2) The chief executive officer of the National Agency is to be appointed\nfor a period, not more than 5 years, specified in the officer’s\ninstrument of appointment, but is eligible for reappointment.\n(3) The chief executive officer of the National Agency is taken, while\nholding that office, to be a member of the staff of the National\nAgency.\n2 Functions of chief executive officer\n(1) The chief executive officer of the National Agency has the functions\nconferred on the chief executive officer by written instrument of the\n(2) The Agency Board may delegate any of the functions of the National\nAgency, or of the Agency Board, to the chief executive officer of the\nNational Agency, other than this power of delegation.\n\nNational Agency Schedule 3\nChief executive officer Part 1\n3 Delegation and subdelegation by chief executive officer\n(1) The chief executive officer of the National Agency may delegate any\nof the functions conferred on the officer under clause 2 (1) to a\nmember of the staff of the National Agency, other than this power of\ndelegation.\n(2) The chief executive officer of the National Agency may subdelegate\nany function delegated to the officer under clause 2 (2) to any member\nof the staff of the National Agency if the chief executive officer is\nauthorised to do so by the Agency Board.\n4 Vacancy in office\n(1) The office of the chief executive officer of the National Agency\nbecomes vacant if—\n(a) the chief executive officer resigns the officer’s office by written\ninstrument addressed to the Chairperson of the Agency Board;\nor\n(b) the appointment of the chief executive officer is terminated by\nthe Agency Board under this clause.\n(2) The Agency Board may, at any time and for any reason, terminate the\nappointment of the chief executive officer of the National Agency by\nwritten notice given to the chief executive officer.\n\nPart 2 Staff, consultants and contractors\nPart 2 Staff, consultants and\ncontractors\n5 Staff of National Agency\n(1) The National Agency may, for the purpose of performing its\nfunctions, employ staff.\n(2) The staff of the National Agency are to be employed on the terms and\nconditions decided by the National Agency from time to time.\n(3) Subclause (2) is subject to any relevant industrial award or agreement\nthat applies to the staff.\n6 Staff seconded to National Agency\nThe National Agency may make arrangements for the services of any\nof the following persons to be made available to the National Agency\nin connection with the exercise of its functions—\n(a) a person who is a member of the staff of a government agency\nof a participating jurisdiction or the Commonwealth;\n(b) a person who is a member of the staff of a local registration\n7 Consultants and contractors\n(1) The National Agency may engage persons with suitable\nqualifications and experience as consultants or contractors.\n(2) The terms and conditions of engagement of consultants or contractors\nare as decided by the National Agency from time to time.\n\nNational Agency Schedule 3\nReporting obligations Part 3\n","sortOrder":397},{"sectionNumber":"Part 3","sectionType":"part","heading":"Reporting obligations","content":"Part 3 Reporting obligations\n8 Annual report\n(1) The National Agency must, within 3 months after the end of each\nfinancial year, submit an annual report for the financial year to the\nMinisterial Council.\n(2) The annual report must include—\n(a) a financial statement for the National Agency, and each National\nBoard, for the period to which the report relates; and\n(b) a report about the Agency’s performance of its functions under\nthis Law during the period to which the annual report relates.\n(3) The financial statement is to be prepared in accordance with\nAustralian Accounting Standards.\n(4) The financial statement is to be audited by a public sector auditor and\na report is to be provided by the auditor.\n(5) The Ministerial Council is to make arrangements for the tabling of\nthe annual report of the National Agency, and the report of the public\nsector auditor with respect to the financial statement in the report, in\nthe Parliament of each participating jurisdiction and the\n(6) The Ministerial Council may extend, or further extend, the period for\nsubmission of an annual report to the Council by a total period of up\nto 3 months.\n(7) In this clause—\npublic sector auditor means—\n(a) the Auditor-General (however described) of a participating\n(b) an auditor employed, appointed or otherwise engaged by an\nAuditor-General of a participating jurisdiction.\n\nPart 3 Reporting obligations\n9 Reporting by National Boards\n(1) A National Board must, if asked by the National Agency, give the\nNational Agency the information the National Agency requires to\ncompile its annual report, including—\n(a) a report about the National Board’s performance of its functions\nunder this Law during the period to which the annual report\nrelates; and\n(b) a statement of the income and expenditure of the National Board\nfor the period to which the annual report relates, presented by\nreference to the budget of the National Board for that period.\n(2) The information provided by the National Board is to be incorporated\nin the relevant annual report for the National Agency.\n\nGeneral Part 1\n(Section 33)\n1 Definitions\nIn this Schedule—\nChairperson means the Chairperson of a National Board.\ncommunity member means a member of a National Board appointed\nas a community member.\nmember means a member of a National Board.\n\n2 Terms of office of members\n(1) Subject to this Schedule, a member holds office for the period (not\nexceeding 3 years) specified in the member’s instrument of\nappointment, but is eligible (if otherwise qualified) for\nreappointment.\n(2) However, a member’s term of office ends if the National Board to\nwhich the member was appointed is dissolved by a regulation made\nunder section 31.\n3 Remuneration\nA member is entitled to be paid such remuneration (including\ntravelling and subsistence allowances) as the Ministerial Council may\nfrom time to time determine with respect to the member.\n4 Vacancy in office of member\n(1) The office of a member becomes vacant if the member—\n(a) completes a term of office; or\n(b) resigns the office by instrument in writing addressed to the\nChairperson of the Ministerial Council; or\n(c) is removed from office by the Chairperson of the Ministerial\nCouncil under this clause; or\n(d) is absent, without leave first being granted by the Chairperson\nof the Board, from 3 or more consecutive meetings of the\nNational Board of which reasonable notice has been given to the\nmember personally or by post; or\n(e) dies.\n\n(2) The Chairperson of the Ministerial Council may remove a member\nfrom office if—\n(a) the member has been found guilty of an offence (whether in a\nparticipating jurisdiction or elsewhere) that, in the opinion of the\nChairperson of the Ministerial Council, renders the member\nunfit to continue to hold the office of member; or\n(b) the member, as a result of the member’s misconduct,\nimpairment or incompetence—\n(i) ceases to be a registered health practitioner; or\n(ii) if the member is registered in more than one health\nprofession—ceases to be registered in either or any of the\n(c) the member ceases to be eligible for appointment to the office\nthat the member holds on the National Board; or\n(d) the member becomes bankrupt, applies to take the benefit of any\nlaw for the relief of bankrupt or insolvent debtors, compounds\nwith member’s creditors or makes an assignment of the\nmember’s remuneration for their benefit; or\n(e) the National Board recommends the removal of the member, on\nthe basis that the member has engaged in misconduct or has\nfailed or is unable to properly exercise the member’s functions\nas a member.\n5 Vacancies to be advertised\n(1) Before the Ministerial Council appoints a member of a National\nBoard, the vacancy to be filled is to be publicly advertised.\n(2) The National Agency may assist the Ministerial Council in the\nprocess of appointing members of a National Board, including in the\nadvertising of vacancies.\n\nClause 6\n(3) It is not necessary to advertise a vacancy in the membership of a\nNational Board before appointing a person to act in the office of a\nNote The general interpretation provisions applicable to this Law under section\n6 confer power to appoint acting members of a National Board.\n6 Extension of term of office during vacancy in\nmembership\n(1) If the office of a member becomes vacant because the member has\ncompleted the member’s term of office, the member is taken to\ncontinue to be a member during that vacancy until the date on which\nthe vacancy is filled (whether by reappointment of the member or\nappointment of a successor to the member).\n(2) However, this clause ceases to apply to the member if—\n(a) the member resigns the member’s office by instrument in\nwriting addressed to the Chairperson of the Ministerial Council;\nor\n(b) the Chairperson of the Ministerial Council determines that the\nservices of the member are no longer required.\n(3) The maximum period for which a member is taken to continue to be\na member under this clause after completion of the member’s term of\noffice is 6 months.\n7 Members to act in public interest\n(1) A member of a National Board is to act impartially and in the public\ninterest in the exercise of the member’s functions as a member.\n(2) Accordingly, a member of a National Board is to put the public\ninterest before the interests of particular health practitioners or any\nentity that represents health practitioners.\n\n8 Disclosure of conflict of interest\n(1) If—\n(a) a member has a direct or indirect pecuniary or other interest in a\nmatter being considered or about to be considered at a meeting\nof the National Board; and\n(b) the interest appears to raise a conflict with the proper\nperformance of the member’s duties in relation to the\nconsideration of the matter;\nthe member must, as soon as possible after the relevant facts have\ncome to the member’s knowledge, disclose the nature of the interest\nat a meeting of the National Board.\n(2) Particulars of any disclosure made under this clause must be recorded\nby the National Board in a book kept for the purpose.\n(3) After a member has disclosed the nature of an interest in any matter,\nthe member must not, unless the Ministerial Council or the National\nBoard otherwise determines—\n(a) be present during any deliberation of the National Board with\nrespect to the matter; or\n(b) take part in any decision of the National Board with respect to\nthe matter.\n(4) For the purposes of the making of a determination by the National\nBoard under subclause (3), a member who has a direct or indirect\npecuniary or other interest in a matter to which the disclosure relates\nmust not—\n(a) be present during any deliberation of the National Board for the\npurpose of making the determination; or\n(b) take part in the making of the determination by the National\n\n(5) A contravention of this clause does not invalidate any decision of the\n(6) This clause applies to a member of a committee of a National Board\nand the committee in the same way as it applies to a member of the\nNational Board and the National Board.\n\nFunctions and powers Part 3\nPart 3 Functions and powers\n9 Requirement to consult other National Boards\nIf a National Board (the first Board) proposes to make a\nrecommendation to the Ministerial Council about a matter that may\nreasonably be expected to be of interest to another National Board\n(the other Board), the first Board must—\n(a) consult with the other Board about the proposed\nrecommendation; and\n(b) if the first Board makes the recommendation to the Ministerial\nCouncil, advise the Council about any contrary views expressed\nby the other Board about the recommendation.\n10 Boards may obtain assistance\nA National Board may, for the purposes of exercising its functions,\nobtain the assistance of or advice from a local registration authority\nor another entity having knowledge of matters relating to a health\nprofession for which it is established.\n11 Committees\nA National Board may establish committees to do any of the\n(a) to develop registration standards for a health profession for\nwhich the Board is established;\n(b) to develop codes or guidelines for a health profession for which\nthe Board is established;\n(c) to exercise any other functions of the Board or to provide\nassistance or advice to the Board in the exercise of its functions.\n\nPart 4 Procedure\nPart 4 Procedure\n12 General procedure\nThe procedure for the calling of meetings of the National Board and\nfor the conduct of business at those meetings is, subject to this Law,\nto be as determined by the National Board.\n13 Quorum\nThe quorum for a meeting of the National Board is a majority of its\nmembers for the time being, at least one of whom is a community\n14 Presiding member\n(1) The Chairperson (or, in the absence of the Chairperson, a person\nelected by the members of the National Board who are present at a\nmeeting of the National Board) is to preside at a meeting of the\n(2) The presiding member has a deliberative vote and, in the event of an\nequality of votes, has a second or casting vote.\n15 Voting\nA decision supported by a majority of the votes cast at a meeting of\nthe National Board at which a quorum is present is the decision of the\n16 Transaction of business outside meetings or by\ntelecommunication\n(1) The National Board may, if it thinks fit, transact any of its business\nby the circulation of papers among all the members of the National\nBoard for the time being, and a resolution in writing approved in\nwriting by a majority of those members is taken to be a decision of\nthe National Board.\n\nProcedure Part 4\n(2) The National Board may, if it thinks fit, transact any of its business at\na meeting at which members (or some members) participate by\ntelephone, closed-circuit television or other means, but only if any\nmember who speaks on a matter before the meeting can be heard by\nthe other members.\n(3) For the purposes of—\n(a) the approval of a resolution under subclause (1); or\n(b) a meeting held in accordance with subclause (2);\nthe Chairperson and each member have the same voting rights as they\nhave at an ordinary meeting of the National Board.\n(4) Papers may be circulated among the members for the purposes of\nsubclause (1) by facsimile, email or other transmission of the\ninformation in the papers concerned.\n17 First meeting\nThe Chairperson may call the first meeting of the National Board in\nany manner the Chairperson thinks fit.\n18 Defects in appointment of members\nA decision of the National Board or of a committee of the National\nBoard is not invalidated by any defect or irregularity in the\nappointment of any member (or acting member) of the National\nBoard or of a committee of the National Board.\n\n(section 163)\n1 Powers of investigators\nFor the purposes of conducting an investigation, an investigator may,\nby written notice given to a person, require the person to—\n(a) give stated information to the investigator within a stated\nreasonable time and in a stated reasonable way; or\n(b) attend before the investigator at a stated time and a stated place\nto answer questions or produce documents.\n2 Offence for failing to produce information or attend\nbefore investigator\n(1) A person required to give stated information to an investigator under\nclause 1 (a) must not fail, without reasonable excuse, to give the\ninformation as required by the notice.\n(2) A person given a notice to attend before an investigator must not fail,\nwithout reasonable excuse, to—\n(a) attend as required by the notice; and\n(b) continue to attend as required by the investigator until excused\nfrom further attendance; and\n\n(c) answer a question the person is required to answer by the\ninvestigator; and\n(d) produce a document the person is required to produce by the\nnotice.\n(3) For subclauses (1) and (2), it is not a reasonable excuse for an\nindividual to fail to give stated information, answer a question or\nproduce a document only because giving the information, answering\nthe question or producing the document might tend to incriminate the\n(4) However—\n(a) the information, answer or document required to be given,\nanswered or provided by the individual is not admissible in\nevidence against the individual in a criminal proceeding, other\nthan a proceeding for—\n(i) an offence against this schedule; or\n(ii) an offence in relation to the falsity of the information,\nanswer or document; and\n(b) evidence that was discovered as a result of the information or\nanswer, and that could not have been discovered but for the\ngiving of the information or answering of the question, is not\nadmissible against the individual in a criminal proceeding.\n\n3 Inspection of documents\n(1) If a document is produced to an investigator, the investigator may—\n(c) keep the document while it is necessary for the investigation.\n(2) If the investigator keeps the document, the investigator must permit a\nreasonable time and in the reasonable way decided by the\ninvestigator.\n\n4 Entering places\nFor the purposes of conducting an investigation, an investigator may\nenter a place if—\n(a) its occupier consents to the entry of the place; or\n(b) it is a public place and the entry is made when it is open to the\npublic; or\n(c) the entry is authorised by a warrant.\n5 Application for warrant\n(1) An investigator may apply to a magistrate of a participating\njurisdiction for a warrant for a place.\n(2) The investigator must prepare a written application that states the\ngrounds on which the warrant is sought.\n(3) The written application must be sworn.\n(4) The magistrate may refuse to consider the application until the\ninvestigator gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n6 Issue of warrant\n(1) The magistrate may issue the warrant only if the magistrate is\nsatisfied there are reasonable grounds for suspecting there is evidence\nabout a matter being investigated by the investigator at the place.\n(2) The warrant must state—\n(a) that a stated investigator may, with necessary and reasonable\nhelp and force—\n(i) enter the place and any other place necessary for entry; and\n(ii) exercise the investigator’s powers under this Part; and\n\n(b) the matter for which the warrant is sought; and\n(c) the evidence that may be seized under the warrant; and\n(d) the hours of the day or night when the place may be entered; and\n(e) the date, within 14 days after the warrant’s issue, the warrant\n7 Application by electronic communication\n(1) An investigator may apply for a warrant by phone, facsimile, email,\nradio, video conferencing or another form of communication if the\ninvestigator considers it necessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances, including the investigator’s remote\nlocation.\n(2) The application—\n(a) may not be made before the investigator prepares the written\napplication under clause 5 (2); but\n(b) may be made before the written application is sworn.\n(3) The magistrate may issue the warrant (the original warrant) only if\nthe magistrate is satisfied—\n(a) it was necessary to make the application under subclause (1);\nand\n(b) the way the application was made under subclause (1) was\nappropriate.\n(4) After the magistrate issues the original warrant—\n(a) if there is a reasonably practicable way of immediately giving a\ncopy of the warrant to the investigator, for example, by sending\na copy by fax or email, the magistrate must immediately give a\ncopy of the warrant to the investigator; or\n\n(i) the magistrate must tell the investigator the date and time\nthe warrant is issued and the other terms of the warrant;\nand\n(ii) the investigator must complete a form of warrant including\nby writing on it—\n(A) the magistrate’s name; and\n(B) the date and time the magistrate issued the warrant;\nand\n(C) the other terms of the warrant.\n(5) The copy of the warrant referred to in subclause (4) (a), or the form\nof warrant completed under subclause (4) (b) (in either case the\nduplicate warrant), is a duplicate of, and as effectual as, the original\nwarrant.\n(6) The investigator must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the written application complying with clause 5 (2) and (3); and\n(b) if the investigator completed a form of warrant under subclause\n(4) (b), the completed form of warrant.\n(7) The magistrate must keep the original warrant and, on receiving the\ndocuments under subclause (6), file the original warrant and\ndocuments in the court.\n(8) Despite subclause (5), if—\n(a) an issue arises in a proceeding about whether an exercise of a\npower was authorised by a warrant issued under this clause; and\n\n(b) the original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the\nexercise of the power to prove a warrant authorised the exercise of\n(9) This clause does not limit clause 5.\n8 Procedure before entry under warrant\n(1) Before entering a place under a warrant, an investigator must do or\nmake a reasonable attempt to do the following—\n(a) identify himself or herself to a person present at the place who\nis an occupier of the place by producing the investigator’s\nidentity card or another document evidencing the investigator’s\nappointment;\n(b) give the person a copy of the warrant;\n(c) tell the person the investigator is permitted by the warrant to\nenter the place;\n(d) give the person an opportunity to allow the investigator\nimmediate entry to the place without using force.\n(2) However, the investigator need not comply with subclause (1) if the\ninvestigator reasonably believes that immediate entry to the place is\nrequired to ensure the effective execution of the warrant is not\nfrustrated.\n9 Powers after entering places\n(1) This clause applies if an investigator enters a place under clause 4.\n(2) The investigator may for the purposes of the investigation do the\n(a) search any part of the place;\n\nClause 10\n(b) inspect, measure, test, photograph or film any part of the place\nor anything at the place;\n(c) take a thing, or a sample of or from a thing, at the place for\nanalysis, measurement or testing;\n(d) copy, or take an extract from, a document, at the place;\n(e) take into or onto the place any person, equipment and materials\nthe investigator reasonably requires for exercising a power\nunder this Part;\n(f) require the occupier of the place, or a person at the place, to give\nthe investigator reasonable help to exercise the investigator’s\npowers under paragraphs (a) to (e);\n(g) require the occupier of the place, or a person at the place, to give\nthe investigator information to help the investigator in\nconducting the investigation.\n(3) When making a requirement referred to in subclause (2) (f) or (g), the\ninvestigator must warn the person it is an offence to fail to comply\nwith the requirement unless the person has a reasonable excuse.\n10 Offences for failing to comply with requirement under\nclause 9\n(1) A person required to give reasonable help under clause 9 (2) (f) must\n\n(2) A person of whom a requirement is made under clause 9 (2) (g) must\n(3) It is a reasonable excuse for an individual not to comply with a\nrequirement under clause 9 (2) (f) or (g) that complying with the\nrequirement might tend to incriminate the individual.\n11 Seizure of evidence\n(1) An investigator who enters a public place when the place is open to\nthe public may seize a thing at the place if the investigator reasonably\nbelieves the thing is evidence that is relevant to the investigation\nbeing conducted by the investigator.\n(2) If an investigator enters a place with the occupier’s consent, the\ninvestigator may seize a thing at the place if—\n(a) the investigator reasonably believes the thing is evidence that is\nrelevant to the investigation being conducted by the investigator;\nand\n(b) seizure of the thing is consistent with the purpose of the entry as\ntold to the occupier when asking for the occupier’s consent.\n(3) If an investigator enters a place with a warrant, the investigator may\nseize the evidence for which the warrant was issued.\n(4) For the purposes of subclauses (2) and (3), the investigator may also\nseize anything else at the place if the investigator reasonably\nbelieves—\n(a) the thing is evidence that is relevant to the investigation; and\n(b) the seizure is necessary to prevent the thing being hidden, lost\nor destroyed.\n\n12 Securing seized things\nHaving seized a thing, an investigator may—\n(a) move the thing from the place where it was seized; or\n(b) leave the thing at the place where it was seized but take\nreasonable action to restrict access to it.\n13 Receipt for seized things\n(1) As soon as practicable after an investigator seizes a thing, the\ninvestigator must give a receipt for it to the person from whom it was\nseized.\nsubclause (1), the investigator must leave the receipt at the place of\nseizure in a conspicuous position and in a reasonably secure way.\n(3) The receipt must describe generally the seized thing and its condition.\n(4) This clause does not apply to a thing if it is impracticable or would be\nunreasonable to give the receipt given the thing’s nature, condition\nand value.\n14 Forfeiture of seized thing\n(1) A seized thing is forfeited to the National Agency if the investigator\nwho seized the thing—\n(a) cannot find its owner, after making reasonable inquiries; or\n(b) cannot return it to its owner, after making reasonable efforts.\n(2) In applying subclause (1)—\n(a) subclause (1) (a) does not require the investigator to make\ninquiries if it would be unreasonable to make inquiries to find\nthe owner; and\n\nClause 15\n(b) subclause (1) (b) does not require the investigator to make\nefforts if it would be unreasonable to make efforts to return the\nthing to its owner.\n(3) Regard must be had to a thing’s nature, condition and value in\ndeciding—\n(a) whether it is reasonable to make inquiries or efforts; and\n(b) if making inquiries or efforts, what inquiries or efforts, including\nthe period over which they are made, are reasonable.\n15 Dealing with forfeited things\n(1) On the forfeiture of a thing to the National Agency, the thing becomes\nthe Agency’s property and may be dealt with by the Agency as the\nAgency considers appropriate.\n(2) Without limiting subclause (1), the National Agency may destroy or\ndispose of the thing.\n16 Return of seized things\n(1) If a seized thing has not been forfeited, the investigator must return it\nto its owner—\n(a) at the end of 6 months; or\n(b) if proceedings involving the thing are started within 6 months,\nat the end of the proceedings and any appeal from the\nproceedings.\n(2) Despite subclause (1), unless the thing has been forfeited, the\ninvestigator must immediately return a thing seized as evidence to its\nowner if the investigator is no longer satisfied its continued retention\nas evidence is necessary.\n\n17 Access to seized things\n(1) Until a seized thing is forfeited or returned, an investigator must allow\nits owner to inspect it and, if it is a document, to copy it.\n(2) Subclause (1) does not apply if it is impracticable or would be\nunreasonable to allow the inspection or copying.\n\nClause 18\n18 Damage to property\n(1) This clause applies if—\n(a) an investigator damages property when exercising or purporting to\nexercise a power; or\n(b) a person (the other person) acting under the direction of an\ninvestigator damages property.\n(2) The investigator must promptly give written notice of particulars of\nthe damage to the person who appears to the investigator to be the\nowner of the property.\n(3) If the investigator believes the damage was caused by a latent defect\nin the property or circumstances beyond the investigator’s or other\nperson’s control, the investigator must state the belief in the notice.\n(4) If, for any reason, it is impracticable to comply with subclause (2),\nthe investigator must leave the notice in a conspicuous position and\nin a reasonably secure way where the damage happened.\n(5) This clause does not apply to damage the investigator reasonably\nbelieves is trivial.\n(6) In this clause—\nowner, of property, includes the person in possession or control of it.\n","sortOrder":398},{"sectionNumber":"19","sectionType":"section","heading":"Compensation","content":"19 Compensation\n(1) A person may claim compensation from the National Agency if the\nperson incurs loss or expense because of the exercise or purported\nexercise of a power under this Schedule by the investigator.\n(2) Without limiting subclause (1), compensation may be claimed for\nloss or expense incurred in complying with a requirement made of the\nperson under this Schedule.\n\n(3) Compensation may be claimed and ordered to be paid in a proceeding\nbrought in a court with jurisdiction for the recovery of the amount of\ncompensation claimed.\n(4) A court may order compensation to be paid only if it is satisfied it is\nfair to make the order in the circumstances of the particular case.\n","sortOrder":399},{"sectionNumber":"20","sectionType":"section","heading":"False or misleading information","content":"20 False or misleading information\nA person must not state anything to an investigator that the person\nknows is false or misleading in a material particular.\n","sortOrder":400},{"sectionNumber":"21","sectionType":"section","heading":"False or misleading documents","content":"21 False or misleading documents\n(1) A person must not give an investigator a document containing\ninformation the person knows is false or misleading in a material\nparticular.\n(2) Subclause (1) does not apply to a person who, when giving the\ndocument—\n(a) informs the investigator, to the best of the person’s ability, how\nit is false or misleading; and\n(b) gives the correct information to the investigator if the person\nhas, or can reasonably obtain, the correct information.\n\n","sortOrder":401},{"sectionNumber":"22","sectionType":"section","heading":"Obstructing investigators","content":"22 Obstructing investigators\n(1) A person must not obstruct an investigator in the exercise of a power,\nunless the person has a reasonable excuse.\n(2) If a person has obstructed an investigator and the investigator decides\nto proceed with the exercise of the power, the investigator must warn\nthe person that—\n(a) it is an offence to obstruct the investigator, unless the person has\na reasonable excuse; and\n(b) the investigator considers the person’s conduct is an obstruction.\n(3) In this clause—\nobstruct includes hinder and attempt to obstruct or hinder.\n23 Impersonation of investigators\nA person must not pretend to be an investigator.\nMaximum penalty— $5,000.\n\n(Section 238)\n1 Powers of inspectors\n(1) This clause applies if an inspector reasonably believes—\n(a) an offence against this Law has been committed; and\n(b) a person may be able to give information about the offence.\n(2) The inspector may, by written notice given to a person, require the\nperson to—\n(a) give stated information to the inspector within a stated\nreasonable time and in a stated reasonable way; or\n(b) attend before the inspector at a stated time and a stated place to\nanswer questions or produce documents.\n2 Offence for failing to produce information or attend\nbefore inspector\n(1) A person required to give stated information to an inspector under\nclause 1 (2) (a) must not fail, without reasonable excuse, to give the\ninformation as required by the notice.\n(2) A person given a notice to attend before an inspector must not fail,\nwithout reasonable excuse, to—\n(a) attend as required by the notice; and\n\n(b) continue to attend as required by the inspector until excused\nfrom further attendance; and\n(c) answer a question the person is required to answer by the\ninspector; and\n(d) produce a document the person is required to produce by the\nnotice.\n(3) For subclauses (1) and (2), it is not a reasonable excuse for an\nindividual to fail to give stated information, answer a question or\nproduce a document only because giving the information, answering\nthe question or producing the document might tend to incriminate the\n(4) However—\n(a) the information, answer or document required to be given,\nanswered or provided by the individual is not admissible in\nevidence against the individual in a criminal proceeding, other\nthan a proceeding for—\n(i) an offence against this schedule; or\n(ii) an offence in relation to the falsity of the information,\nanswer or document; and\n(b) evidence that was discovered as a result of the information or\nanswer, and that could not have been discovered but for the\ngiving of the information or answering of the question, is not\nadmissible against the individual in a criminal proceeding.\n\n3 Inspection of documents\n(1) If a document is produced to an inspector, the inspector may—\n(c) keep the document while it is necessary for the investigation.\n(2) If the inspector keeps the document, the inspector must permit a\nreasonable time and in the reasonable way decided by the inspector.\n\n4 Entering places\nAn inspector may enter a place if—\n(a) its occupier consents to the entry of the place; or\n(b) it is a public place and the entry is made when it is open to the\npublic; or\n(c) the entry is authorised by a warrant.\n5 Application for warrant\n(1) An inspector may apply to a magistrate of a participating jurisdiction\nfor a warrant for a place.\n(2) The inspector must prepare a written application that states the\ngrounds on which the warrant is sought.\n(3) The written application must be sworn.\n(4) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n6 Issue of warrant\n(1) The magistrate may issue the warrant only if the magistrate is\nsatisfied there are reasonable grounds for suspecting there is a\nparticular thing or activity that may provide evidence of an offence\nagainst this Law at the place.\n(2) The warrant must state—\n(a) that a stated inspector may, with necessary and reasonable help\nand force—\n(i) enter the place and any other place necessary for entry; and\n(ii) exercise the inspector’s powers under this Part; and\n\n(b) the matter for which the warrant is sought; and\n(c) the evidence that may be seized under the warrant; and\n(d) the hours of the day or night when the place may be entered; and\n(e) the date, within 14 days after the warrant’s issue, the warrant\n7 Application by electronic communication\n(1) An inspector may apply for a warrant by phone, facsimile, email,\nradio, video conferencing or another form of communication if the\ninspector considers it necessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances, including the inspector’s remote\nlocation.\n(2) The application—\n(a) may not be made before the inspector prepares the written\napplication under clause 5 (2); but\n(b) may be made before the written application is sworn.\n(3) The magistrate may issue the warrant (the original warrant) only if\nthe magistrate is satisfied—\n(a) it was necessary to make the application under subclause (1);\nand\n(b) the way the application was made under subclause (1) was\nappropriate.\n(4) After the magistrate issues the original warrant—\n(a) if there is a reasonably practicable way of immediately giving a\ncopy of the warrant to the inspector, for example, by sending a\ncopy by fax or email, the magistrate must immediately give a\ncopy of the warrant to the inspector; or\n\n(i) the magistrate must tell the inspector the date and time the\nwarrant is issued and the other terms of the warrant; and\n(ii) the inspector must complete a form of warrant including by\nwriting on it—\n(A) the magistrate’s name; and\n(B) the date and time the magistrate issued the warrant;\nand\n(C) the other terms of the warrant.\n(5) The copy of the warrant referred to in subclause (4) (a), or the form\nof warrant completed under subclause (4) (b) (in either case the\nduplicate warrant), is a duplicate of, and as effectual as, the original\nwarrant.\n(6) The inspector must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the written application complying with clause 5 (2) and (3); and\n(b) if the inspector completed a form of warrant under subclause\n(4)(b), the completed form of warrant.\n(7) The magistrate must keep the original warrant and, on receiving the\ndocuments under subclause (6), file the original warrant and\ndocuments in the court.\n(8) Despite subclause (5), if—\n(a) an issue arises in a proceeding about whether an exercise of a\npower was authorised by a warrant issued under this clause; and\n(b) the original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the\nexercise of the power to prove a warrant authorised the exercise of\n\n(9) This clause does not limit clause 5.\n8 Procedure before entry under warrant\n(1) Before entering a place under a warrant, an inspector must do or make\na reasonable attempt to do the following—\n(a) identify himself or herself to a person present at the place who\nis an occupier of the place by producing the inspector’s identity\ncard or another document evidencing the inspector’s\nappointment;\n(b) give the person a copy of the warrant;\n(c) tell the person the inspector is permitted by the warrant to enter\nthe place;\n(d) give the person an opportunity to allow the inspector immediate\nentry to the place without using force.\n(2) However, the inspector need not comply with subclause (1) if the\ninspector reasonably believes that immediate entry to the place is\nrequired to ensure the effective execution of the warrant is not\nfrustrated.\n9 Powers after entering places\n(1) This clause applies if an inspector enters a place under clause 4.\n(2) The inspector may for the purposes of the investigation do the\n(a) search any part of the place;\n(b) inspect, measure, test, photograph or film any part of the place\nor anything at the place;\n(c) take a thing, or a sample of or from a thing, at the place for\nanalysis, measurement or testing;\n(d) copy, or take an extract from, a document, at the place;\n\nClause 10\n(e) take into or onto the place any person, equipment and materials\nthe inspector reasonably requires for exercising a power under\nthis Part;\n(f) require the occupier of the place, or a person at the place, to give\nthe inspector reasonable help to exercise the inspector’s powers\nunder paragraphs (a) to (e);\n(g) require the occupier of the place, or a person at the place, to give\nthe inspector information to help the inspector ascertain whether\nthis Law is being complied with.\n(3) When making a requirement referred to in subclause (2) (f) or (g), the\ninspector must warn the person it is an offence to fail to comply with\nthe requirement unless the person has a reasonable excuse.\n10 Offences for failing to comply with requirement under\nclause 9\n(1) A person required to give reasonable help under clause 9 (2) (f) must\n(2) A person of whom a requirement is made under clause 9 (2) (g) must\n(3) It is a reasonable excuse for an individual not to comply with a\nrequirement under clause 9 (2) (f) or (g) that complying with the\nrequirement might tend to incriminate the individual.\n\n11 Seizure of evidence\n(1) An inspector who enters a public place when the place is open to the\npublic may seize a thing at the place if the inspector reasonably\nbelieves the thing is evidence that is relevant to the investigation\nbeing conducted by the inspector.\n(2) If an inspector enters a place with the occupier’s consent, the\ninspector may seize a thing at the place if—\n(a) the inspector reasonably believes the thing is evidence that is\nrelevant to the investigation being conducted by the inspector;\nand\n(b) seizure of the thing is consistent with the purpose of the entry as\ntold to the occupier when asking for the occupier’s consent.\n(3) If an inspector enters a place with a warrant, the inspector may seize\nthe evidence for which the warrant was issued.\n(4) For the purposes of subclauses (2) and (3), the inspector may also\nseize anything else at the place if the inspector reasonably believes—\n(a) the thing is evidence that is relevant to the investigation; and\n(b) the seizure is necessary to prevent the thing being hidden, lost\nor destroyed.\n12 Securing seized things\nHaving seized a thing, an inspector may—\n(a) move the thing from the place where it was seized; or\n(b) leave the thing at the place where it was seized but take\nreasonable action to restrict access to it.\n\nClause 13\n13 Receipt for seized things\n(1) As soon as practicable after an inspector seizes a thing, the inspector\nmust give a receipt for it to the person from whom it was seized.\nsubclause (1), the inspector must leave the receipt at the place of\nseizure in a conspicuous position and in a reasonably secure way.\n(3) The receipt must describe generally the seized thing and its condition.\n(4) This clause does not apply to a thing if it is impracticable or would be\nunreasonable to give the receipt given the thing’s nature, condition\nand value.\n14 Forfeiture of seized thing\n(1) A seized thing is forfeited to the National Agency if the inspector who\nseized the thing—\n(a) cannot find its owner, after making reasonable inquiries; or\n(b) cannot return it to its owner, after making reasonable efforts.\n(2) In applying subclause (1)—\n(a) subclause (1)(a) does not require the inspector to make inquiries\nif it would be unreasonable to make inquiries to find the owner;\nand\n(b) subclause (1)(b) does not require the inspector to make efforts if\nit would be unreasonable to make efforts to return the thing to\nits owner.\n(3) Regard must be had to a thing’s nature, condition and value in\ndeciding—\n(a) whether it is reasonable to make inquiries or efforts; and\n(b) if making inquiries or efforts, what inquiries or efforts, including\nthe period over which they are made, are reasonable.\n\nClause 15\n15 Dealing with forfeited things\n(1) On the forfeiture of a thing to the National Agency, the thing becomes\nthe Agency’s property and may be dealt with by the Agency as the\nAgency considers appropriate.\n(2) Without limiting subclause (1), the National Agency may destroy or\ndispose of the thing.\n16 Return of seized things\n(1) If a seized thing has not been forfeited, the inspector must return it to\nits owner—\n(a) if proceedings involving the thing are started within 6 months\nafter the thing is seized—at the end of the proceedings and any\nappeal from the proceedings; or\n(i) 6 months after the thing is seized; or\n(ii) at the end of any longer time for which the thing may be\nkept under subclause (3).\n(2) Despite subclause (1), unless the thing has been forfeited, the\ninspector must immediately return a thing seized as evidence to its\nowner if the inspector is no longer satisfied its continued retention as\nevidence is necessary.\n(3) If the seized thing is a document, the inspector may keep it while the\ninspector is satisfied it is needed, or may be needed, for the purposes\nof—\n(a) a proceeding for an offence against this Law that is likely to be\nstarted or that has been started but not completed; or\n(b) an appeal from a decision in a proceeding for an offence against\n\n17 Access to seized things\n(1) Until a seized thing is forfeited or returned, an inspector must allow\nits owner to inspect it and, if it is a document, to copy it or take an\nextract from it.\n(2) Subclause (1) does not apply if it is impracticable or would be\nunreasonable to allow the inspection, copying or taking of an extract.\n\nClause 18\n18 Damage to property\n(1) This clause applies if—\n(a) an inspector damages property when exercising or purporting to\nexercise a power; or\n(b) a person (the other person) acting under the direction of an\ninspector damages property.\n(2) The inspector must promptly give written notice of particulars of the\ndamage to the person who appears to the inspector to be the owner of\nthe property.\n(3) If the inspector believes the damage was caused by a latent defect in\nthe property or circumstances beyond the inspector’s or other\nperson’s control, the inspector must state the belief in the notice.\n(4) If, for any reason, it is impracticable to comply with subclause (2),\nthe inspector must leave the notice in a conspicuous position and in a\nreasonably secure way where the damage happened.\n(5) This clause does not apply to damage the inspector reasonably\nbelieves is trivial.\n(6) In this clause—\nowner, of property, includes the person in possession or control of it.\n19 Compensation\n(1) A person may claim compensation from the National Agency if the\nperson incurs loss or expense because of the exercise or purported\nexercise of a power under this Schedule by the inspector.\n(2) Without limiting subclause (1), compensation may be claimed for\nloss or expense incurred in complying with a requirement made of the\nperson under this Schedule.\n\n(3) Compensation may be claimed and ordered to be paid in a proceeding\nbrought in a court with jurisdiction for the recovery of the amount of\ncompensation claimed.\n(4) A court may order compensation to be paid only if it is satisfied it is\nfair to make the order in the circumstances of the particular case.\n20 False or misleading information\nA person must not state anything to an inspector that the person\nknows is false or misleading in a material particular.\n21 False or misleading documents\n(1) A person must not give an inspector a document containing\ninformation the person knows is false or misleading in a material\nparticular.\n(2) Subclause (1) does not apply to a person who, when giving the\ndocument—\n(a) informs the inspector, to the best of the person’s ability, how it\nis false or misleading; and\n(b) gives the correct information to the inspector if the person has,\nor can reasonably obtain, the correct information.\n\n22 Obstructing inspectors\n(1) A person must not obstruct an inspector in the exercise of a power,\nunless the person has a reasonable excuse.\n(2) If a person has obstructed an inspector and the inspector decides to\nproceed with the exercise of the power, the inspector must warn the\nperson that—\n(a) it is an offence to obstruct the inspector, unless the person has a\nreasonable excuse; and\n(b) the inspector considers the person’s conduct is an obstruction.\n(3) In this clause—\nobstruct includes hinder and attempt to obstruct or hinder.\n23 Impersonation of inspectors\nA person must not pretend to be an inspector.\n\n","sortOrder":402},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Miscellaneous provisions","content":"Schedule 7 Miscellaneous provisions\nrelating to interpretation\n(Section 6)\n1 Displacement of Schedule by contrary intention\nThe application of this Schedule may be displaced, wholly or partly,\nby a contrary intention appearing in this Law.\n\n2 Law to be construed not to exceed legislative power of\nLegislature\n(1) This Law is to be construed as operating to the full extent of, but so\nas not to exceed, the legislative power of the Legislature of this\n(2) If a provision of this Law, or the application of a provision of this\nLaw to a person, subject matter or circumstance, would, but for this\nclause, be construed as being in excess of the legislative power of the\nLegislature of this jurisdiction—\n(a) it is a valid provision to the extent to which it is not in excess of\nthe power; and\n(b) the remainder of this Law, and the application of the provision\nto other persons, subject matters or circumstances, is not\naffected.\n(3) This clause applies to this Law in addition to, and without limiting\nthe effect of, any provision of this Law.\n3 Every section to be a substantive enactment\nEvery section of this Law has effect as a substantive enactment\nwithout introductory words.\n4 Material that is, and is not, part of this Law\n(1) The heading to a Part, Division or Subdivision into which this Law is\ndivided is part of this Law.\n(2) A Schedule to this Law is part of this Law.\n(3) Punctuation in this Law is part of this Law.\n(4) A heading to a section or subsection of this Law does not form part\nof this Law.\n\n(5) Notes included in this Law (including footnotes and endnotes) do not\nform part of this Law.\n5 References to particular Acts and to enactments\n(a) an Act of this jurisdiction may be cited—\n(ii) by reference to the year in which it was passed and its\nnumber; and\n(b) a Commonwealth Act may be cited—\n(ii) in another way sufficient in a Commonwealth Act for the\ncitation of such an Act;\ntogether with a reference to the Commonwealth; and\n(c) an Act of another jurisdiction may be cited—\n(ii) in another way sufficient in an Act of the jurisdiction for\nthe citation of such an Act;\ntogether with a reference to the jurisdiction.\n6 References taken to be included in Act or Law citation etc\n(1) A reference in this Law to an Act includes a reference to—\n(a) the Act as originally enacted, and as amended from time to time\nsince its original enactment; and\n(b) if the Act has been repealed and re-enacted (with or without\nmodification) since the enactment of the reference—the Act as\nre-enacted, and as amended from time to time since its re-\nenactment.\n\n(2) A reference in this Law to a provision of this Law or of an Act\nincludes a reference to—\n(a) the provision as originally enacted, and as amended from time\nto time since its original enactment; and\n(b) if the provision has been omitted and re-enacted (with or without\nmodification) since the enactment of the reference—the\nprovision as re-enacted, and as amended from time to time since\nits re-enactment.\n(3) Subclauses (1) and (2) apply to a reference in this Law to a law of the\nCommonwealth or another jurisdiction as they apply to a reference in\nthis Law to an Act and to a provision of an Act.\n7 Interpretation best achieving Law’s purpose\n(1) In the interpretation of a provision of this Law, the interpretation that\nwill best achieve the purpose or object of this Law is to be preferred\nto any other interpretation.\n(2) Subclause (1) applies whether or not the purpose is expressly stated\nin this Law.\n8 Use of extrinsic material in interpretation\n(1) In this clause—\nextrinsic material means relevant material not forming part of this\nLaw, including, for example—\n(a) material that is set out in the document containing the text of this\nLaw as printed by the Government Printer; and\n(b) a relevant report of a Royal Commission, Law Reform\nCommission, commission or committee of inquiry, or a similar\nbody, that was laid before the Parliament of this jurisdiction\nbefore the provision concerned was enacted; and\n\n(c) a relevant report of a committee of the Parliament of this\njurisdiction that was made to the Parliament before the provision\nwas enacted; and\n(d) a treaty or other international agreement that is mentioned in this\n(e) an explanatory note or memorandum relating to the Bill that\ncontained the provision, or any relevant document, that was laid\nbefore, or given to the members of, the Parliament of this\njurisdiction by the member bringing in the Bill before the\nprovision was enacted; and\n(f) the speech made to the Parliament of this jurisdiction by the\nmember in moving a motion that the Bill be read a second time;\nand\n(g) material in the Votes and Proceedings of the Parliament of this\njurisdiction or in any official record of debates in the Parliament\nof this jurisdiction; and\n(h) a document that is declared by this Law to be a relevant\ndocument for the purposes of this clause.\nordinary meaning means the ordinary meaning conveyed by a\nprovision having regard to its context in this Law and to the purpose\nof this Law.\n(2) Subject to subclause (3), in the interpretation of a provision of this\nLaw, consideration may be given to extrinsic material capable of\nassisting in the interpretation—\n(a) if the provision is ambiguous or obscure—to provide an\ninterpretation of it; or\n(b) if the ordinary meaning of the provision leads to a result that is\nmanifestly absurd or is unreasonable—to provide an\ninterpretation that avoids such a result; or\n\n(c) in any other case—to confirm the interpretation conveyed by the\nordinary meaning of the provision.\n(3) In determining whether consideration should be given to extrinsic\nmaterial, and in determining the weight to be given to extrinsic\nmaterial, regard is to be had to—\n(a) the desirability of a provision being interpreted as having its\nordinary meaning; and\n(b) the undesirability of prolonging proceedings without\ncompensating advantage; and\n(c) other relevant matters.\n9 Effect of change of drafting practice and use of examples\nIf—\n(a) a provision of this Law expresses an idea in particular words;\nand\n(b) a provision enacted later appears to express the same idea in\ndifferent words for the purpose of implementing a different\nlegislative drafting practice, including, for example—\n(i) the use of a clearer or simpler style; or\n(ii) the use of gender-neutral language;\nthe ideas must not be taken to be different merely because different\nwords are used.\n10 Use of examples\nIf this Law includes an example of the operation of a provision—\n(a) the example is not exhaustive; and\n(b) the example does not limit, but may extend, the meaning of the\nprovision; and\n\n(c) the example and the provision are to be read in the context of\neach other and the other provisions of this Law, but, if the\nexample and the provision so read are inconsistent, the provision\nprevails.\n11 Compliance with forms\n(1) If a form is prescribed or approved by or for the purpose of this Law,\nstrict compliance with the form is not necessary and substantial\ncompliance is sufficient.\n(2) If a form prescribed or approved by or for the purpose of this Law\nrequires—\n(a) the form to be completed in a specified way; or\n(b) specified information or documents to be included in, attached\nto or given with the form; or\n(c) the form, or information or documents included in, attached to\nor given with the form, to be verified in a specified way,\nthe form is not properly completed unless the requirement is complied\nwith.\n\n12 Definitions\n(1) In this Law—\nAct means an Act of the Legislature of this jurisdiction.\nadult means an individual who is 18 or more.\naffidavit, in relation to a person allowed by law to affirm, declare or\npromise, includes affirmation, declaration and promise.\namend includes—\n(a) omit or omit and substitute; or\n(b) alter or vary; or\n(c) amend by implication.\nappoint includes reappoint.\nAustralia means the Commonwealth of Australia but, when used in a\ngeographical sense, does not include an external Territory.\nbusiness day means a day that is not—\n(a) a Saturday or Sunday; or\n(b) a public holiday, special holiday or bank holiday in the place in\nwhich any relevant act is to be or may be done.\ncalendar month means a period starting at the beginning of any day\nof one of the 12 named months and ending—\n(a) immediately before the beginning of the corresponding day of\nthe next named month; or\n(b) if there is no such corresponding day—at the end of the next\nnamed month.\ncalendar year means a period of 12 months beginning on 1 January.\n\ncommencement, in relation to this Law or an Act or a provision of\nthis Law or an Act, means the time at which this Law, the Act or\nprovision comes into operation.\nCommonwealth means the Commonwealth of Australia but, when\nused in a geographical sense, does not include an external Territory.\nconfer, in relation to a function, includes impose.\ncontravene includes fail to comply with.\ncountry includes—\n(a) a federation; or\n(b) a state, province or other part of a federation.\ndate of assent, in relation to an Act, means the day on which the Act\nreceives the Royal Assent.\ndefinition means a provision of this Law (however expressed) that—\n(a) gives a meaning to a word or expression; or\n(b) limits or extends the meaning of a word or expression.\ndocument includes—\n(a) any paper or other material on which there is writing; or\n(b) any paper or other material on which there are marks, figures,\nsymbols or perforations having a meaning for a person qualified\nto interpret them; or\n(c) any disc, tape or other article or any material from which sounds,\nimages, writings or messages are capable of being reproduced\n(with or without the aid of another article or device).\nelectronic communication means—\n(a) a communication of information in the form of data, text or\nimages by means of guided or unguided electromagnetic energy,\n\n(b) a communication of information in the form of sound by means\nof guided or unguided electromagnetic energy, or both, where\nthe sound is processed at its destination by an automated voice\nrecognition system.\nestate includes easement, charge, right, title, claim, demand, lien or\nencumbrance, whether at law or in equity.\nexpire includes lapse or otherwise cease to have effect.\nexternal Territory means a Territory, other than an internal Territory,\nfor the government of which as a Territory provision is made by a\nCommonwealth Act.\nfail includes refuse.\nfinancial year means a period of 12 months beginning on 1 July.\nforeign country means a country (whether or not an independent\nsovereign State) outside Australia and the external Territories.\nfunction includes a power, authority or duty.\nGazette means the Government Gazette of this jurisdiction.\ngazetted means published in the Gazette.\nGazette notice means notice published in the Gazette.\nGovernment Printer means the Government Printer of this\njurisdiction, and includes any other person authorised by the\nGovernment of this jurisdiction to print an Act or instrument.\nindividual means a natural person.\ninformation system means a system for generating, sending,\nreceiving, storing or otherwise processing electronic\ncommunications.\ninsert, in relation to a provision of this Law, includes substitute.\ninstrument includes a statutory instrument.\n\ninterest, in relation to land or other property, means—\n(a) a legal or equitable estate in the land or other property; or\n(b) a right, power or privilege over, or in relation to, the land or\nother property.\ninternal Territory means the Australian Capital Territory, the Jervis\nBay Territory or the Northern Territory.\nJervis Bay Territory means the Territory mentioned in the Jervis Bay\nTerritory Acceptance Act 1915 (Cwlth).\nmake includes issue or grant.\nminor means an individual who is under 18.\nmodification includes addition, omission or substitution.\nmonth means a calendar month.\nnamed month means 1 of the 12 months of the year.\nNorthern Territory means the Northern Territory of Australia.\nnumber means—\n(a) a number expressed in figures or words; or\n(b) a letter; or\n(c) a combination of a number so expressed and a letter.\noath, in relation to a person allowed by law to affirm, declare or\npromise, includes affirmation, declaration or promise.\noffice includes position.\nomit, in relation to a provision of this Law or an Act, includes repeal.\nparty includes an individual or a body politic or corporate.\npenalty includes forfeiture or punishment.\nperson includes an individual or a body politic or corporate.\n\npower includes authority.\nprescribed means prescribed by, or by regulations made or in force\nfor the purposes of or under, this Law.\nprinted includes typewritten, lithographed or reproduced by any\nmechanical means.\nproceeding means a legal or other action or proceeding.\nproperty means any legal or equitable estate or interest (whether\npresent or future, vested or contingent, or tangible or intangible) in\nreal or personal property of any description (including money), and\nincludes things in action.\nprovision, in relation to this Law or an Act, means words or other\nmatter that form or forms part of this Law or the Act, and includes—\n(a) a Chapter, Part, Division, Subdivision, section, subsection,\nparagraph, subparagraph, sub-subparagraph or Schedule of or to\nthis Law or the Act; or\n(b) a section, clause, subclause, item, column, table or form of or in\na Schedule to this Law or the Act; or\n(c) the long title and any preamble to the Act.\nrecord includes information stored or recorded by means of a\ncomputer.\nrepeal includes—\n(a) revoke or rescind; or\n(b) repeal by implication; or\n(c) abrogate or limit the effect of this Law or instrument concerned;\nor\n(d) exclude from, or include in, the application of this Law or\ninstrument concerned any person, subject matter or\ncircumstance.\n\nClause 13\nsign includes the affixing of a seal or the making of a mark.\nstatutory declaration means a declaration made under an Act, or\nunder a Commonwealth Act or an Act of another jurisdiction, that\nauthorises a declaration to be made otherwise than in the course of a\njudicial proceeding.\nstatutory instrument means an instrument (including a regulation)\nmade or in force under or for the purposes of this Law, and includes\nan instrument made or in force under any such instrument.\nswear, in relation to a person allowed by law to affirm, declare or\npromise, includes affirm, declare or promise.\nword includes any symbol, figure or drawing.\nwriting includes any mode of representing or reproducing words in a\nvisible form.\n(2) In a statutory instrument—\nthe Law means this Law.\n13 Provisions relating to defined terms and gender and\nnumber\n(1) If this Law defines a word or expression, other parts of speech and\ngrammatical forms of the word or expression have corresponding\nmeanings.\n(2) Definitions in or applicable to this Law apply except so far as the\ncontext or subject matter otherwise indicates or requires.\n(3) In this Law, words indicating a gender include each other gender.\n(4) In this Law—\n(a) words in the singular include the plural; and\n(b) words in the plural include the singular.\n\nClause 14\n14 Meaning of “may” and “must” etc\n(1) In this Law, the word may, or a similar word or expression, used in\nrelation to a power indicates that the power may be exercised or not\nexercised, at discretion.\n(2) In this Law, the word must, or a similar word or expression, used in\nrelation to a power indicates that the power is required to be\nexercised.\n(3) This clause has effect despite any rule of construction to the contrary.\n15 Words and expressions used in statutory instruments\n(1) Words and expressions used in a statutory instrument have the same\nmeanings as they have, from time to time, in this Law, or relevant\nprovisions of this Law, under or for the purposes of which the\ninstrument is made or in force.\n(2) This clause has effect in relation to an instrument except so far as the\ncontrary intention appears in the instrument.\n16 Effect of express references to bodies corporate and\nindividuals\nIn this Law, a reference to a person generally (whether the expression\n“person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another”\nor “whoever” or another expression is used)—\n(a) does not exclude a reference to a body corporate or an individual\nmerely because elsewhere in this Law there is particular\nreference to a body corporate (however expressed); and\n(b) does not exclude a reference to a body corporate or an individual\nmerely because elsewhere in this Law there is particular\nreference to an individual (however expressed).\n\n17 Production of records kept in computers etc\nIf a person who keeps a record of information by means of a\nmechanical, electronic or other device is required by or under this\nLaw—\n(a) to produce the information or a document containing the\ninformation to a court, tribunal or person; or\n(b) to make a document containing the information available for\ninspection by a court, tribunal or person;\nthen, unless the court, tribunal or person otherwise directs—\n(c) the requirement obliges the person to produce or make available\nfor inspection, as the case may be, a document that reproduces\nthe information in a form capable of being understood by the\ncourt, tribunal or person; and\n(d) the production to the court, tribunal or person of the document\nin that form complies with the requirement.\n18 References to this jurisdiction to be implied\n(a) a reference to an officer, office or statutory body is a reference\nto such an officer, office or statutory body in and for this\n(b) a reference to a locality or other matter or thing is a reference to\nsuch a locality or other matter or thing in and of this jurisdiction.\n19 References to officers and holders of offices\nIn this Law, a reference to a particular officer, or to the holder of a\nparticular office, includes a reference to the person for the time being\n\n20 Reference to certain provisions of Law\nIf a provision of this Law refers—\n(a) to a Part, section or Schedule by a number and without reference\nto this Law—the reference is a reference to the Part, section or\nSchedule, designated by the number, of or to this Law; or\n(b) to a Schedule without reference to it by a number and without\nreference to this Law—the reference, if there is only one\nSchedule to this Law, is a reference to the Schedule; or\n(c) to a Division, Subdivision, subsection, paragraph, subparagraph,\nsub-subparagraph, clause, subclause, item, column, table or\nform by a number and without reference to this Law—the\nreference is a reference to—\n(i) the Division, designated by the number, of the Part in\nwhich the reference occurs; and\n(ii) the Subdivision, designated by the number, of the Division\nin which the reference occurs; and\n(iii) the subsection, designated by the number, of the section in\nwhich the reference occurs; and\n(iv) the paragraph, designated by the number, of the section,\nsubsection, Schedule or other provision in which the\nreference occurs; and\n(v) the paragraph, designated by the number, of the clause,\nsubclause, item, column, table or form of or in the Schedule\nin which the reference occurs; and\n(vi) the subparagraph, designated by the number, of the\nparagraph in which the reference occurs; and\n(vii) the sub-subparagraph, designated by the number, of the\nsubparagraph in which the reference occurs; and\n\nClause 21\n(viii) the section, clause, subclause, item, column, table or form,\ndesignated by the number, of or in the Schedule in which\nthe reference occurs;\nas the case requires.\n21 Reference to provisions of this Law or an Act is inclusive\nIn this Law, a reference to a portion of this Law or an Act includes—\n(a) a reference to the Chapter, Part, Division, Subdivision, section,\nsubsection or other provision of this Law or the Act referred to\nthat forms the beginning of the portion; and\n(b) a reference to the Chapter, Part, Division, Subdivision, section,\nsubsection or other provision of this Law or the Act referred to\nthat forms the end of the portion.\nA reference to “sections 5 to 9” includes both section 5 and section 9.\nIt is not necessary to refer to “sections 5 to 9 (both inclusive)” to ensure that the\nreference is given an inclusive interpretation.\n\n22 Performance of statutory functions\n(1) If this Law confers a function or power on a person or body, the\nfunction may be performed, or the power may be exercised, from time\nto time as occasion requires.\n(2) If this Law confers a function or power on a particular officer or the\nholder of a particular office, the function may be performed, or the\npower may be exercised, by the person for the time being occupying\nor acting in the office concerned.\n(3) If this Law confers a function or power on a body (whether or not\nincorporated), the performance of the function, or the exercise of the\npower, is not affected merely because of vacancies in the membership\nof the body.\n23 Power to make instrument or decision includes power to\namend or repeal\nIf this Law authorises or requires the making of an instrument or\ndecision—\n(a) the power includes power to amend or repeal the instrument or\n(b) the power to amend or repeal the instrument or decision is\nexercisable in the same way, and subject to the same conditions,\nas the power to make the instrument or decision.\n\nClause 24\n24 Matters for which statutory instruments may make\nprovision\n(1) If this Law authorises or requires the making of a statutory instrument\nin relation to a matter, a statutory instrument made under this Law\nmay make provision for the matter by applying, adopting or\nincorporating (with or without modification) the provisions of—\n(a) an Act or statutory instrument; or\n(b) another document (whether of the same or a different kind);\nas in force at a particular time or as in force from time to time.\n(2) If a statutory instrument applies, adopts or incorporates the provisions\nof a document, the statutory instrument applies, adopts or\nincorporates the provisions as in force from time to time, unless the\nstatutory instrument otherwise expressly provides.\n(3) A statutory instrument may—\n(a) apply generally throughout this jurisdiction or be limited in its\napplication to a particular part of this jurisdiction; or\n(b) apply generally to all persons, matters or things or be limited in\nits application to—\n(i) particular persons, matters or things; or\n(ii) particular classes of persons, matters or things; or\n(c) otherwise apply generally or be limited in its application by\nreference to specified exceptions or factors.\n(4) A statutory instrument may—\n(a) apply differently according to different specified factors; or\n(b) otherwise make different provision in relation to—\n(i) different persons, matters or things; or\n(ii) different classes of persons, matters or things.\n\nClause 25\n(5) A statutory instrument may authorise a matter or thing to be from time\nto time determined, applied or regulated by a specified person or\nbody.\n(6) If this Law authorises or requires a matter to be regulated by statutory\ninstrument, the power may be exercised by prohibiting by statutory\ninstrument the matter or any aspect of the matter.\n(7) If this Law authorises or requires provision to be made with respect\nto a matter by statutory instrument, a statutory instrument made under\nthis Law may make provision with respect to a particular aspect of\nthe matter despite the fact that provision is made by this Law in\nrelation to another aspect of the matter or in relation to another matter.\n(8) A statutory instrument may provide for the review of, or a right of\nappeal against, a decision made under the statutory instrument, or this\nLaw, and may, for that purpose, confer jurisdiction on any court,\ntribunal, person or body.\n(9) A statutory instrument may require a form prescribed by or under the\nstatutory instrument, or information or documents included in,\nattached to or given with the form, to be verified by statutory\ndeclaration.\n25 Presumption of validity and power to make\n(1) All conditions and preliminary steps required for the making of a\nstatutory instrument are presumed to have been satisfied and\nperformed in the absence of evidence to the contrary.\n(2) A statutory instrument is taken to be made under all powers under\nwhich it may be made, even though it purports to be made under this\nLaw or a particular provision of this Law.\n\nClause 26\n26 Appointments may be made by name or office\n(1) If this Law authorises or requires a person or body—\n(a) to appoint a person to an office; or\n(b) to appoint a person or body to exercise a power; or\n(c) to appoint a person or body to do another thing;\nthe person or body may make the appointment by—\n(d) appointing a person or body by name; or\n(e) appointing a particular officer, or the holder of a particular\noffice, by reference to the title of the office concerned.\n(2) An appointment of a particular officer, or the holder of a particular\noffice, is taken to be the appointment of the person for the time being\n27 Acting appointments\n(1) If this Law authorises a person or body to appoint a person to act in\nan office, the person or body may, in accordance with this Law,\nappoint—\n(a) a person by name; or\n(b) a particular officer, or the holder of a particular office, by\nreference to the title of the office concerned;\nto act in the office.\n(2) The appointment may be expressed to have effect only in the\ncircumstances specified in the instrument of appointment.\n(3) The appointer may—\n(a) determine the terms and conditions of the appointment,\nincluding remuneration and allowances; and\n(b) terminate the appointment at any time.\n\nClause 27\n(4) The appointment, or the termination of the appointment, must be in,\nor evidenced by, writing signed by the appointer.\n(5) The appointee must not act for more than 1 year during a vacancy in\nthe office.\n(6) If the appointee is acting in the office otherwise than because of a\nvacancy in the office and the office becomes vacant, then, subject to\nsubclause (2), the appointee may continue to act until—\n(a) the appointer otherwise directs; or\n(b) the vacancy is filled; or\n(c) the end of a year from the day of the vacancy;\nwhichever happens first.\n(7) The appointment ceases to have effect if the appointee resigns by\nwriting signed and delivered to the appointer.\n(8) While the appointee is acting in the office—\n(a) the appointee has all the powers and functions of the holder of\nthe office; and\n(b) this Law and other laws apply to the appointee as if the\nappointee were the holder of the office.\n(9) Anything done by or in relation to a person purporting to act in the\noffice is not invalid merely because—\n(a) the occasion for the appointment had not arisen; or\n(b) the appointment had ceased to have effect; or\n(c) the occasion for the person to act had not arisen or had ceased.\n(10) If this Law authorises the appointer to appoint a person to act during\na vacancy in the office, an appointment to act in the office may be\nmade by the appointer whether or not an appointment has previously\nbeen made to the office.\n\nClause 28\n28 Powers of appointment imply certain incidental powers\n(1) If this Law authorises or requires a person or body to appoint a person\nto an office—\n(a) the power may be exercised from time to time as occasion\nrequires; and\n(b) the power includes—\n(i) power to remove or suspend, at any time, a person\nappointed to the office; and\n(ii) power to appoint another person to act in the office if a\nperson appointed to the office is removed or suspended;\nand\n(iii) power to reinstate or reappoint a person removed or\nsuspended; and\n(iv) power to appoint a person to act in the office if it is vacant\n(whether or not the office has ever been filled); and\n(v) power to appoint a person to act in the office if the person\nappointed to the office is absent or is unable to discharge\nthe functions of the office (whether because of illness or\notherwise).\n(2) The power to remove or suspend a person under subclause (1) (b) may\nbe exercised even if this Law provides that the holder of the office to\nwhich the person was appointed is to hold office for a specified\nperiod.\n(3) The power to make an appointment under subclause (1) (b) may be\nexercised from time to time as occasion requires.\n(4) An appointment under subclause (1) (b) may be expressed to have\neffect only in the circumstances specified in the instrument of\nappointment.\n\nClause 29\n29 Delegation of functions\n(1) If this Law authorises a person or body to delegate a function, the\nperson or body may, in accordance with this Law and any other\napplicable law, delegate the function to—\n(a) a person or body by name; or\n(b) a specified officer, or the holder of a specified office, by\nreference to the title of the office concerned.\n(2) The delegation may be—\n(a) general or limited; and\n(b) made from time to time; and\n(c) revoked, wholly or partly, by the delegator.\n(3) The delegation, or a revocation of the delegation, must be in, or\nevidenced by, writing signed by the delegator or, if the delegator is a\nbody, by a person authorised by the body for the purpose.\n(4) A delegated function may be exercised only in accordance with any\nconditions to which the delegation is subject.\n(5) The delegate may, in the performance of a delegated function, do\nanything that is incidental to the delegated function.\n(6) A delegated function that purports to have been exercised by the\ndelegate is taken to have been properly exercised by the delegate\nunless the contrary is proved.\n(7) A delegated function that is properly exercised by the delegate is\ntaken to have been exercised by the delegator.\n(8) If, when exercised by the delegator, a function is dependent on the\ndelegator’s opinion, belief or state of mind, then, when exercised by\nthe delegate, the function is dependent on the delegate’s opinion,\nbelief or state of mind.\n\nClause 29\n(9) If—\n(a) the delegator is a specified officer or the holder of a specified\noffice; and\n(b) the person who was the specified officer or holder of the\nspecified office when the delegation was made ceases to be the\nholder of the office;\n(c) the delegation continues in force; and\n(d) the person for the time being occupying or acting in the office\nconcerned is taken to be the delegator for the purposes of this\nsection.\n(10) If—\n(a) the delegator is a body; and\n(b) there is a change in the membership of the body;\n(c) the delegation continues in force; and\n(d) the body as constituted for the time being is taken to be the\ndelegator for the purposes of this section.\n(11) If a function is delegated to a specified officer or the holder of a\nspecified office—\n(a) the delegation does not cease to have effect merely because the\nperson who was the specified officer or the holder of the\nspecified office when the function was delegated ceases to be\nthe officer or the holder of the office; and\n(b) the function may be exercised by the person for the time being\n(12) A function that has been delegated may, despite the delegation, be\nexercised by the delegator.\n\n(13) The delegation of a function does not relieve the delegator of the\ndelegator’s obligation to ensure that the function is properly\nexercised.\n(14) Subject to subsection (15), this clause applies to a subdelegation of a\nfunction in the same way as it applies to a delegation of a function.\n(15) If this Law authorises the delegation of a function, the function may\nbe subdelegated only if the Law expressly authorises the function to\nbe subdelegated.\n30 Exercise of powers between enactment and\n(1) If a provision of this Law (the empowering provision) that does not\ncommence on its enactment would, had it commenced, confer a\npower—\n(a) to make an appointment; or\n(b) to make a statutory instrument of a legislative or administrative\ncharacter; or\n(c) to do another thing;\n(d) the power may be exercised; and\n(e) anything may be done for the purpose of enabling the exercise\nof the power or of bringing the appointment, instrument or other\nthing into effect;\nbefore the empowering provision commences.\n(2) If a provision of a Queensland Act (the empowering provision) that\ndoes not commence on its enactment would, had it commenced,\namend a provision of this Law so that it would confer a power—\n(a) to make an appointment; or\n\n(b) to make a statutory instrument of a legislative or administrative\ncharacter; or\n(c) to do another thing;\n(d) the power may be exercised; and\n(e) anything may be done for the purpose of enabling the exercise\nof the power or of bringing the appointment, instrument or other\nthing into effect;\nbefore the empowering provision commences.\n(3) If—\n(a) this Law has commenced and confers a power to make a\nstatutory instrument (the basic instrument-making power); and\n(b) a provision of a Queensland Act that does not commence on its\nenactment would, had it commenced, amend this Law so as to\nconfer additional power to make a statutory instrument (the\nadditional instrument-making power);\n(c) the basic instrument-making power and the additional\ninstrument-making power may be exercised by making a single\ninstrument; and\n(d) any provision of the instrument that required an exercise of the\nadditional instrument-making power is to be treated as made\nunder subclause (2).\n(4) If an instrument, or a provision of an instrument, is made under\nsubclause (1) or (2) that is necessary for the purpose of—\n(a) enabling the exercise of a power mentioned in the subclause; or\n\n(b) bringing an appointment, instrument or other thing made or done\nunder such a power into effect;\nthe instrument or provision takes effect—\n(c) on the making of the instrument; or\n(d) on such later day (if any) on which, or at such later time (if any)\nat which, the instrument or provision is expressed to take effect.\n(5) If—\n(a) an appointment is made under subclause (1) or (2); or\n(b) an instrument, or a provision of an instrument, made under\nsubclause (1) or (2) is not necessary for a purpose mentioned in\nsubclause (4);\nthe appointment, instrument or provision takes effect—\n(c) on the commencement of the relevant empowering provision; or\n(d) on such later day (if any) on which, or at such later time (if any)\nat which, the appointment, instrument or provision is expressed\nto take effect.\n(6) Anything done under subclause (1) or (2) does not confer a right, or\nimpose a liability, on a person before the relevant empowering\nprovision commences.\n(7) After the enactment of a provision mentioned in subclause (2) but\nbefore the provision’s commencement, this clause applies as if the\nreferences in subclauses (2) and (5) to the commencement of the\nempowering provision were references to the commencement of the\nprovision mentioned in subclause (2) as amended by the empowering\nprovision.\n(8) In the application of this clause to a statutory instrument, a reference\nto the enactment of the instrument is a reference to the making of the\ninstrument.\n\nPart 5 Distance, time and age\nClause 31\nPart 5 Distance, time and age\n31 Matters relating to distance, time and age\n(1) In the measurement of distance for the purposes of this Law, the\ndistance is to be measured along the shortest road ordinarily used for\ntravelling.\n(2) If a period beginning on a given day, act or event is provided or\nallowed for a purpose by this Law, the period is to be calculated by\nexcluding the day, or the day of the act or event, and—\n(a) if the period is expressed to be a specified number of clear days\nor at least a specified number of days—by excluding the day on\nwhich the purpose is to be fulfilled; and\n(b) in any other case—by including the day on which the purpose is\nto be fulfilled.\n(3) If the last day of a period provided or allowed by this Law for doing\nanything is not a business day in the place in which the thing is to be\nor may be done, the thing may be done on the next business day in\nthe place.\n(4) If the last day of a period provided or allowed by this Law for the\nfiling or registration of a document is a day on which the office is\nclosed where the filing or registration is to be or may be done, the\ndocument may be filed or registered at the office on the next day that\nthe office is open.\n(5) If no time is provided or allowed for doing anything, the thing is to\nbe done as soon as possible, and as often as the prescribed occasion\nhappens.\n(6) If, in this Law, there is a reference to time, the reference is, in relation\nto the doing of anything in a jurisdiction, a reference to the legal time\nin the jurisdiction.\n\nDistance, time and age Part 5\nClause 31\n(7) For the purposes of this Law, a person attains an age in years at the\nbeginning of the person’s birthday for the age.\n\nPart 6 Effect of repeal, amendment or expiration\nClause 32\nPart 6 Effect of repeal, amendment or\nexpiration\n32 Time of Law ceasing to have effect\nIf a provision of this Law is expressed—\n(a) to expire on a specified day; or\n(b) to remain or continue in force, or otherwise have effect, until a\nspecified day;\nthis provision has effect until the last moment of the specified day.\n33 Repealed Law provisions not revived\nIf a provision of this Law is repealed or amended by a Queensland\nAct, or a provision of a Queensland Act, the provision is not revived\nmerely because the Queensland Act or the provision of the\nQueensland Act—\n(a) is later repealed or amended; or\n(b) later expires.\n34 Saving of operation of repealed Law provisions\n(1) The repeal, amendment or expiry of a provision of this Law does\nnot—\n(a) revive anything not in force or existing at the time the repeal,\namendment or expiry takes effect; or\n(b) affect the previous operation of the provision or anything\nsuffered, done or begun under the provision; or\n(c) affect a right, privilege or liability acquired, accrued or incurred\nunder the provision; or\n(d) affect a penalty incurred in relation to an offence arising under\nthe provision; or\n\nEffect of repeal, amendment or expiration Part 6\nClause 35\n(e) affect an investigation, proceeding or remedy in relation to such\na right, privilege, liability or penalty.\n(2) Any such penalty may be imposed and enforced, and any such\ninvestigation, proceeding or remedy may be begun, continued or\nenforced, as if the provision had not been repealed or amended or had\nnot expired.\n35 Continuance of repealed provisions\nIf a Queensland Act repeals some provisions of this Law and enacts\nnew provisions in substitution for the repealed provisions, the\nrepealed provisions continue in force until the new provisions\ncommence.\n36 Law and amending Acts to be read as one\nThis Law and all Queensland Acts amending this Law are to be read\nas one.\n\nPart 7 Instruments under Law\nClause 37\nPart 7 Instruments under Law\n37 Schedule applies to statutory instruments\n(1) This Schedule applies to a statutory instrument, and to things that may\nbe done or are required to be done under a statutory instrument, in the\nsame way as it applies to this Law, and things that may be done or are\nrequired to be done under this Law, except so far as the context or\nsubject matter otherwise indicates or requires.\n(2) The fact that a provision of this Schedule refers to this Law and not\nalso to a statutory instrument does not, by itself, indicate that the\nprovision is intended to apply only to this Law.\n\nApplication to coastal sea Part 8\nClause 38\n","sortOrder":403},{"sectionNumber":"Part 8","sectionType":"part","heading":"Application to coastal sea","content":"Part 8 Application to coastal sea\n38 Application\nThis Law has effect in and in relation to the coastal sea of this\njurisdiction as if that coastal sea were part of this jurisdiction.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nHealth Practitioner Regulation National Law Act 2009 A2009-45 (Qld)\nsch\ndate of assent 3 November 2009\nss 1–2, pt 4 commenced 3 November 2009 (see s 2)\nsch commenced 1 July 2010 (see s 2)\nas amended by\nHealth Legislation (Health Practitioner Regulation National Law)\nAmendment Act 2010 A2010-14 (Qld) pts 1, 4\ndate of assent 21 April 2010\nss 1–2 commenced 21 April 2010\nremainder commenced 1 July 2010 (see s 2)\nas applied and as modified by\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\n(as am by A2024-42 pt 3)\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nremainder commenced 1 July 2010 (s 2 (1) (a))\nas modified by\nHealth Practitioner Regulation National Law (ACT) (Transitional\nProvisions) Regulation 2010 SL2010-25 s 3\nnotified LR 24 June 2010\ns 1, s 2 commenced 24 June 2010 (LA s 75 (1))\ns 3 commenced 1 July 2010 (s 2 and see Health Practitioner\nRegulation National Law (ACT) Act 2010 A2010-10 s 2 (1) (a))\nNote This regulation only modifies the Health Practitioner Regulation\nNational Law (ACT) Act 2010 A2010-10.\n\n3 Legislation history\nas amended by\nAmendment Act 2017 A2017-32 (Qld) pt 2 div 1, sch 1\ndate of assent 13 September 2017\nss 1–2, 3, 4 (1), (3), 10–12, 16, 17 (1), 18 (1), 21–22, 36, 43, 50, 52 (to\nthe extent it ins pt 13 div 1) commenced on date of assent\nss 4 (5), 37, 52 (to the extent it ins s 321) commenced 11 October\n2017 (see s 2 (2))\nss 9, 17 (2), 18 (2), 19, 23, 24, 30 (1), 32–34, 35 (1), 38 and 52 (to the\nextent it ins s 318 and s 319) commenced 1 March 2018 (see s 2 (1)\nand SL2018-10 (Qld))\nss 8, 20, 25–26, 28–29, 35 (2), 39 commenced 1 August 2018\n(see s 2 (1) and SL2018-101 (Qld))\nss 4 (2), (4), (6) and (7), 5–7, 13–15, 27, 30 (2) and (3), 31, 40–42,\n44-49, 51, 52 (to the extent it ins ss 320, 322–323), 53–54, sch 1\ncommenced 1 December 2018 (see s 2 (1) and SL2018-175 (Qld))\nAmendment Act 2019 A2019-3 (Qld) pt 3\ndate of assent 7 March 2019\nss 1-2 commenced on date of assent\nss 17-19 commenced 1 March 2020 (s 2 and see SL2020-11 (Qld))\npt 3 remainder commenced 1 July 2019 (s 2 and see SL2019-99 (Qld))\nAmendment Act 2022 A2022-22 (Qld) ch 3\ndate of assent 21 October 2022\nss 1-2 commenced on date of assent\nch 3 pts 1-6, 12, 16, 17, 19, 22 (other than s 99 (3), (4)), 31 (other than\nss 117 (2), 119, 124, 127, 128) commenced on date of assent\nch 3 pts 9-11, 14, 15, 18, 20, 23-28, s 93 (to the extent it ins defs\nregulatory body, relevant provision), s 99 (3), (4), s 119 commenced\n15 May 2023 (s 2 and see SL2023-37 (Qld))\nch 3 remainder commenced 1 July 2024 (s 2 and see SL2024-93\n(Qld))\nHealth Practitioner Regulation National Law (Surgeons) Amendment\nAct 2023 A2023-22 (Qld)\ndate of assent 20 September 2023\ncommenced on date of assent\n\nLegislation history 3\nHealth Legislation Amendment Act 2024 A2024-42 pt 3\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\ns 6 commenced 18 September 2024 (s 2 (3) (b))\npt 3 remainder commenced 18 September 2024 (s 2 (1))\nNote This Act only amends the Health Practitioner Regulation\nNational Law (ACT) Act 2010 A2010-10)\n\nObjectives\ns 3 hdg am A2022-22 (Qld) s 33 (1)\ns 3 am A2022-22 (Qld) s 33 (2), s 36\nGuiding principles\ns 3A ins A2022-22 (Qld) s 34\nam A2022-22 (Qld) s 37\nHow functions to be exercised\ns 4 am A2022-22 (Qld) s 35\ns 5 def ACC ins A2017-32 (Qld) s 4 (3)\ndef Advisory Council om A2022-22 (Qld) s 38\ndef accreditation committee am A2017-32 (Qld) sch 1\namdt 1\ndef Agency Board ins A2022-22 (Qld) s 42 (2)\ndef Agency Management Committee om A2022-22 (Qld)\ns 42 (1)\ndef COAG Agreement am A2022-22 (Qld) s 117 (1)\ndef CrimTrac om A2017-32 (Qld) s 4 (1)\ndef health profession am A2017-32 (Qld) s 4 (6), s 4 (7)\ndef interim prohibition order ins A2022-22 (Qld) s 93\ndef Ministerial Council om A2017-32 (Qld) s 4 (1)\nins A2017-32 (Qld) s 4 (3)\nsub A2022-22 (Qld) s 53\ndef National Board om A2017-32 (Qld) s 4 (2)\nins A2017-32 (Qld) s 4 (4)\ndef practice arrangement ins A2022-22 (Qld) s 82\ndef prohibition order ins A2017-32 (Qld) s 4 (5)\nam A2023-22 (Qld) s 3\ndef regulatory body ins A2022-22 (Qld) s 93\ndef relevant provision ins A2022-22 (Qld) s 93\ndef suspension period ins A2022-22 (Qld) s 117 (2)\ndef unregistered person ins A2022-22 (Qld) s 82\nSingle national entity\ns 7 am A2017-32 (Qld) sch 1 amdt 2\nApproval of registration standards\ns 12 am A2022-22 (Qld) s 54\nApproval of endorsement in relation to scheduled medicines\ns 14 am A2017-32 (Qld) sch 1 amdt 3\nApproval of areas of practice for purposes of endorsement\ns 15 am A2017-32 (Qld) sch 1 amdt 4\n\nNotification and publication of directions and approvals\ns 17 am A2022-22 (Qld) s 43\nAustralian Health Workforce Advisory Council\npt 3 hdg om A2022-22 (Qld) s 39\nEstablishment of Advisory Council\ns 18 om A2022-22 (Qld) s 39\nFunction of Advisory Council\ns 19 om A2022-22 (Qld) s 39\nPublication of advice\ns 20 om A2022-22 (Qld) s 39\nPowers of Advisory Council\ns 21 om A2022-22 (Qld) s 39\nMembership of Advisory Council\ns 22 om A2022-22 (Qld) s 39\nFunctions of National Agency\ns 25 am A2022-22 (Qld) s 52 (1), s 52 (2)\nHealth profession agreements\ns 26 am A2017-32 (Qld) sch 1 amdt 5\npt 4 div 2 hdg sub A2022-22 (Qld) s 44\ns 29 hdg sub A2022-22 (Qld) s 45 (1)\ns 29 am A2022-22 (Qld) s 45 (2), s 45 (3)\nFunctions of Agency Board\ns 30 hdg sub A2022-22 (Qld) s 46 (1)\ns 30 am A2022-22 (Qld) s 46 (2), s 46 (3)\nRegulations must provide for National Boards\ns 31 sub A2017-32 (Qld) s 5\nStatus of National Board\ns 31A ins A2017-32 (Qld) s 5\nMembership of National Boards\ns 33 am A2017-32 (Qld) s 6; A2022-22 (Qld) s 47\nEligibility for appointment\ns 34 am A2017-32 (Qld) s 7\nFunctions of National Boards\ns 35 am A2022-22 (Qld) s 118\nNational Board consideration of criminal history\ns 35A ins as mod A2010-10 mod 1.1\n\nNational board must develop registration standards\ns 38 am A2017-32 (Qld) sch 1 amdt 6, amdt 7\nCodes and guidelines\ns 39 am A2017-32 (Qld) s 8\nUse of registration standards, codes or guidelines in\ns 41 am A2017-32 (Qld) sch 1 amdt 8\nApproval of accredited programs of study\ns 49 am A2017-32 (Qld) sch 1 amdt 9\nChanges to approval of program of study\ns 51 am A2017-32 (Qld) sch 1 amdt 10\nEligibility for general registration\ns 52 am A2022-22 (Qld) s 60\nPeriod of general registration\ns 56 am A2017-32 (Qld) s 9; A2022-22 (Qld) s 55\nEligibility for specialist registration\ns 57 am A2022-22 (Qld) s 61\nPeriod of specialist registration\ns 61 am A2022-22 (Qld) s 56\nEligibility for provisional registration\ns 62 am A2022-22 (Qld) s 62\nPeriod of provisional registration\ns 64 am A2022-22 (Qld) s 57\nEligibility for limited registration\ns 65 am A2017-32 (Qld) s 10; A2022-22 (Qld) s 63\nLimited registration not to be held for more than one purpose\ns 71 sub A2017-32 (Qld) s 11\nPeriod of limited registration\ns 72 am A2022-22 (Qld) s 58\nUnsuitability to hold non-practising registration\ns 74 am A2022-22 (Qld) s 69\nPeriod of non-practising registration\ns 76 am A2022-22 (Qld) s 59\nApplication for registration\ns 77 am A2017-32 (Qld) sch 1 amdt 11\nPower to check applicant’s criminal history\ns 79 am A2017-32 (Qld) s 12\n\nConditions of registration\ns 83 am A2017-32 (Qld) sch 1 amdt 12\nUndertakings at registration\ns 83A ins A2022-22 (Qld) s 64\nWithdrawal of registration\npt 7 div 6.A hdg ins A2022-22 (Qld) s 70\nPower to withdraw registration\ns 85A ins A2022-22 (Qld) s 70\nRegistered health practitioner may make submissions about proposed\nwithdrawal of registration\ns 85B ins A2022-22 (Qld) s 70\nDecision about withdrawal of registration\ns 85C ins A2022-22 (Qld) s 70\nNotice to be given to registered health practitioner\ns 85D ins A2022-22 (Qld) s 70\nWhen decision takes effect\ns 85E ins A2022-22 (Qld) s 70\nNational Board may ask education provider for list of persons undertaking\napproved program of study\ns 88 am A2017-32 (Qld) sch 1 amdt 13\nNotice to be given if student registration suspended or condition imposed\ns 92 am A2017-32 (Qld) sch 1 amdt 14\nEndorsement for scheduled medicines\ns 94 am A2017-32 (Qld) sch 1 amdt 15\nEndorsement as nurse practitioner\ns 95 am A2017-32 (Qld) s 13\nEndorsement in relation to midwife practitioners\npt 7 div 8 sdiv 3 hdg om A2022-22 (Qld) s 75\nEndorsement as midwife practitioner\ns 96 am A2017-32 (Qld) s 14\nom A2022-22 (Qld) s 75\nEndorsement for acupuncture\ns 97 am A2017-32 (Qld) sch 1 amdt 16\nEndorsement for approved area of practice\ns 98 am A2017-32 (Qld) sch 1 amdt 17\nDecision about application\ns 102 am A2022-22 (Qld) s 76\n\nUndertakings at endorsement\ns 103A ins A2022-22 (Qld) s 65\nRenewal of registration of registered health practitioner\npt 7 div 9 sdiv 1 hdg ins A2022-22 (Qld) s 78\nApplication for renewal of registration or endorsement\ns 107 am A2017-32 (Qld) sch 1 amdt 18\nAnnual statement\ns 109 am A2022-22 (Qld) s 119\nDecision about application for renewal\ns 112 am A2022-22 (Qld) s 66, s 79\nRenewal of registration after suspension period\npt 7 div 9 sdiv 2 hdg ins A2022-22 (Qld) s 80\nApplication of Subdivision\ns 112A ins A2022-22 (Qld) s 80\nApplication for renewal of registration\ns 112B ins A2022-22 (Qld) s 80\nEnd of registration\ns 112C ins A2022-22 (Qld) s 80\nSections 109 to 112 apply to application for renewal under this Subdivision\ns 112D ins A2022-22 (Qld) s 80\nRestriction on use of protected titles\ns 113 am A2017-32 (Qld) s 15; A2019-3 (Qld) s 8\nRestriction on use of specialist titles\ns 115 am A2019-3 (Qld) s 9\nClaims by persons as to membership of surgical class\ns 115A ins A2023-22 (Qld) s 4\nClaims by persons as to registration as health practitioner\ns 116 am A2019-3 (Qld) s 10\nClaims by persons as to registration in particular profession or division\ns 117 am A2019-3 (Qld) s 11; A2022-22 (Qld) s 87\nClaims by persons as to specialist registration\ns 118 am A2017-32 (Qld) s 16; A2019-3 (Qld) s 12; A2022-22 (Qld)\ns 88\nClaims about type of registration or registration in recognised specialty\ns 119 am A2019-3 (Qld) s 13; A2022-22 (Qld) s 89\nRestricted dental acts\ns 121 am A2019-3 (Qld) s 14\n\nRestriction on prescription of optical appliances\ns 122 am A2019-3 (Qld) s 15\nRestriction on spinal manipulation\ns 123 am A2019-3 (Qld) s 16\nIssue of certificate of registration\ns 124 am A2017-32 (Qld) sch 1 amdt 19; A2022-22 (Qld) s 112\nChanging or removing conditions or undertaking on\napplication by registered health practitioner or student\ns 125 am A2017-32 (Qld) s 17 (1), s 17 (2)\nam A2017-32 (Qld) sch 1 amdt 20\nChanging conditions on Board’s initiative\ns 126 am A2017-32 (Qld) s 18 (1), s 18 (2)\nam A2017-32 (Qld) sch 1 amdt 21; A2022-22 (Qld) s 67\nRemoval of condition or revocation of undertaking\ns 127 am A2017-32 (Qld) sch 1 amdt 22; A2022-22 (Qld) s 68\nWhen matters under this subdivision may be decided by review body of a co-\nregulatory jurisdiction\ns 127A ins A2017-32 (Qld) s 19\nam A2022-22 (Qld) s 120\nProfessional indemnity insurance arrangements\ns 129 am A2017-32 (Qld) sch 1 amdt 23\nRegistered health practitioner or student to give National Board\nnotice of certain events\ns 130 am A2017-32 (Qld) sch 1 amdt 24; A2022-22 (Qld) s 81\nChange in principal place of practice, address or name\ns 131 am A2017-32 (Qld) sch 1 amdt 25; A2022-22 (Qld) s 113\nNomination of an alternative name\ns 131A ins A2022-22 (Qld) s 114\nUse of names\ns 131B ins A2022-22 (Qld) s 114\nNational Board may ask registered health practitioner for practice\ninformation\ns 132 sub A2017-32 (Qld) s 20\nam A2022-22 (Qld) s 83\nAdvertising\ns 133 am A2022-22 (Qld) s 85 (2), s 85 (3)\nCriminal history check\ns 135 am A2017-32 (Qld) s 21\n\nDirecting or inciting unprofessional conduct or professional misconduct\ns 136 am A2022-22 (Qld) s 86 (1), s 86 (2)\nSurrender of registration\ns 137 am A2017-32 (Qld) sch 1 amdt 26\nApplication of Part to persons who are registered health practitioners\ns 138 sub A2022-22 (Qld) s 90\nProceedings in relation to practitioner’s behaviour while temporarily\nunregistered\ns 139 sub A2022-22 (Qld) s 90\nApplication of Part to persons who were registered health practitioners\ns 139A ins A2022-22 (Qld) s 90\nApplication of Part to persons who were registered under corresponding\nprior Act\ns 139B ins A2022-22 (Qld) s 90\nDefinition of notifiable conduct\ns 140 am A2019-3 (Qld) s 17\nMandatory notifications by health practitioners\ns 141 am A2019-3 (Qld) s 18\nMandatory notifications by treating practitioners of sexual misconduct\ns 141A ins A2019-3 (Qld) s 19\nMandatory notifications by treating practitioners of substantial risk of harm\nto public\ns 141B ins A2019-3 (Qld) s 19\nWhen practitioner does not form reasonable belief in course of providing\nhealth service\ns 141C ins A2019-3 (Qld) s 19\nMandatory notifications by employers\ns 142 am A2022-22 (Qld) s 91\nMandatory notifications by education providers\ns 143 am A2017-32 (Qld) sch 1 amdt 27\nReferral of notification to National Board or co-regulatory authority\ns 148 am A2017-32 (Qld) sch 1 amdt 28\nPreliminary assessment\ns 149 am A2017-32 (Qld) sch 1 amdt 29, amdt 30\nPower to require information\ns 149A ins A2022-22 (Qld) s 92\ns 149B ins A2022-22 (Qld) s 92\n\nRelationship with health complaints entity\ns 150 am A2010-14 (Qld) s 16\nmod A2010-10 mod 1.2, mod 1.3 (as am A2024-42 s 6, s 7),\nmod 1.5\nam A2017-32 (Qld) sch 1 amdt 31\nReferral to other entities\ns 150A ins A2022-22 (Qld) s 103\nWhen National Board may decide to take no further action\ns 151 mod A2010-10 mod 1.6\nam A2017-32 (Qld) s 22\nam A2017-32 (Qld) sch 1 amdt 32; A2022-22 (Qld) s 104\nNational Board to give notice of receipt of notification\ns 152 mod A2010-10 mod 1.7\nDefinition\ns 155 def immediate action am A2017-32 (Qld) s 23; A2022-22\n(Qld) s 121\nPower to take immediate action\ns 156 am A2017-32 (Qld) s 24\nam A2017-32 (Qld) sch 1 amdt 33; A2022-22 (Qld) s 122\nBoard may give information to notifier about immediate action\ns 159A ins A2017-32 (Qld) s 25\nInterim prohibition orders\npt 8 div 7A hdg ins A2022-22 (Qld) s 94\ns 159B ins A2022-22 (Qld) s 94\ndef interim prohibition order ins A2022-22 (Qld) s 94\ndef relevant provision ins A2022-22 (Qld) s 94\nIssuing of interim prohibition order\ns 159C ins A2022-22 (Qld) s 94\nShow cause process for interim prohibition orders\ns 159D ins A2022-22 (Qld) s 94\nDecision to take urgent action to issue interim prohibition order\ns 159E ins A2022-22 (Qld) s 94\nDuration of interim prohibition order\ns 159F ins A2022-22 (Qld) s 94\nRevocation or variation of interim prohibition order\ns 159G ins A2022-22 (Qld) s 94\nExtension of interim prohibition order by regulatory body\ns 159H ins A2022-22 (Qld) s 94\n\nRegulatory body may give information to notifier about interim prohibition\norder\ns 159I ins A2022-22 (Qld) s 94\nApplication for extension of interim prohibition order by regulatory body\ns 159J ins A2022-22 (Qld) s 94\nDecision about extension of interim prohibition order\ns 159K ins A2022-22 (Qld) s 94\nRevocation of extended or substituted interim prohibition order by\nresponsible tribunal\ns 159L ins A2022-22 (Qld) s 94\nVariation of interim prohibition order by responsible tribunal\ns 159M ins A2022-22 (Qld) s 94\nPublication of information about interim prohibition orders\ns 159N ins A2022-22 (Qld) s 94\nOffences relating to interim prohibition orders\ns 159O ins A2022-22 (Qld) s 94\nPublic statements\npt 8 div 7B hdg ins A2022-22 (Qld) s 100\nDefinition\ns 159P ins A2022-22 (Qld) s 100\ndef relevant provision ins A2022-22 (Qld) s 100\nMaking of public statement\ns 159Q ins A2022-22 (Qld) s 100\nShow cause process for public statement\ns 159R ins A2022-22 (Qld) s 100\nRevision of public statement by regulatory body\ns 159S ins A2022-22 (Qld) s 100\nRevocation of public statement\ns 159T ins A2022-22 (Qld) s 100\nWhen investigation may be conducted\ns 160 mod A2010-10 mod 1.8\nam A2017-32 (Qld) sch 1 amdt 34\nRegistered health practitioner or student to be given notice of investigation\ns 161 am A2022-22 (Qld) s 123\nInvestigator’s report about investigation\ns 166 mod A2010-10 mod 1.9\nJoint decision by National Board and health complaints entity\ns 167 mod A2010-10 mod 1.10, mod 1.11\n\nBoard may give information to notifier about result of investigation\ns 167A ins A2017-32 (Qld) s 26\nAppointment of assessor to carry out assessment\ns 171 am A2017-32 (Qld) s 27\nNotice to be given to registered health practitioner or student\nabout assessment\ns 172 mod A2010-10 mod 1.12, mod 1.13\ns 174 am A2022-22 (Qld) s 124\nReport from assessor\ns 175 mod A2010-10 mod 1.14, mod 1.15\nJoint decision by National Board and health complaints entity\ns 177 mod A2010-10 mod 1.16, mod 1.17\nBoard may give information to notifier about decision following assessor’s\nreport\ns 177A ins A2017-32 (Qld) s 28\nNational Board may take action\ns 178 mod A2010-10 mod 1.18, mod 1.19\nam A2017-32 (Qld) sch 1 amdt 35; A2022-22 (Qld) s 71, s 107\nShow cause process\ns 179 am A2022-22 (Qld) s 105\nNotice to be given to health practitioner or student and notifier\ns 180 sub A2017-32 (Qld) s 29\nam A2022-22 (Qld) s 106\nEstablishment of health panel\ns 181 am A2017-32 (Qld) s 30 (1)\nam A2017-32 (Qld) s 30 (2), s 30 (3)\nEstablishment of performance and professional standards panel\ns 182 am A2017-32 s 31\nNotice to be given to registered health practitioner or student\ns 184 mod A2010-10 mod 1.20 (mod renum R6 LA)\nam A2017-32 (Qld) s 32\nProcedure of panel\ns 185 mod A2010-10 mod 1.21\nRole of health complaints entity\ns 186A ins as mod A2010-10 mod 1.22\nReferral to responsible tribunal or National Board\ns 190 sub A2022-22 (Qld) s 72\n\nDecision of panel\ns 191 am A2017-32 (Qld) s 33\nDecision of panel after reconsideration of suspension\ns 191A ins A2017-32 (Qld) s 34\nChange of reconsideration date for suspension of registration\ns191B ins A2017-32 (Qld) s 34\nNotice to be given about panel’s decision\ns 192 mod A2010-10 mod 1.23\nam A2017-32 (Qld) s 35 (1), s 35 (2)\nMatters to be referred to responsible tribunal\ns 193 am A2022-22 (Qld) s 73, s 108\nNational Boards may decide not to refer certain matters\ns 193A ins A2022-22 (Qld) s 109\nDecision by responsible tribunal about registered health practitioner\ns 196 am A2017-32 (Qld) s 36\nam A2017-32 (Qld) sch 1 amdt 36; A2022-22 (Qld) s 99;\nA2023-22 (Qld) s 5\nOffences relating to prohibition orders\ns 196A ins A2017-32 (Qld) s 37; A2019-3 (Qld) s 20\nAppellable decisions\ns 199 am A2017-32 (Qld) s 38; A2022-22 (Qld) s 74, s 95, s 101\nParties to the proceedings\ns 200 am A2022-22 (Qld) s 102\nNational Board to give notice to registered health practitioner’s employer\nand other entities\ns 206 hdg am A2017-32 (Qld) s 39\ns 206 am A2017-32 (Qld) s 39; A2022-22 (Qld) s 84\nAustralian Information Commissioner\npt 10 div 1A hdg ins A2017-32 (Qld) s 40\nApplication of Commonwealth AIC Act\ns 212A ins A2017-32 (Qld) s 40\nApplication of Commonwealth Privacy Act\ns 213 am A2017-32 (Qld) s 41\nApplication of Commonwealth FOI Act\ns 215 am A2017-32 (Qld) s 42\nDisclosure of information for workforce planning\ns 217 am A2017-32 (Qld) sch 1 amdt 37\n\nDisclosure of information to other Commonwealth, State and\nTerritory entities\ns 219 am A2022-22 (Qld) s 125\nDisclosure to protect health or safety of patients or other persons\ns 220 sub A2017-32 (Qld) s 43\nDisclosure of information about registered health practitioners to protect\nhealth or safety of persons\ns 220A ins A2022-22 (Qld) s 110\nDisclosure of information about unregistered persons to protect health or\nsafety of persons\ns 220B ins A2022-22 (Qld) s 111\nPublic national registers\ns 222 sub A2017-32 (Qld) s 44\nam A2017-32 (Qld) s 45; A2022-22 (Qld) s 96\nSpecialists Registers\ns 223 am A2017-32 (Qld) s 46, sch 1 amdt 38; A2022-22 (Qld) s 97\nInformation to be recorded in National Register or Specialists Register\ns 225 hdg am A2022-22 (Qld) s 115 (1)\ns 225 am A2022-22 (Qld) s 115 (2)\nNational Board may decide not to include or to remove certain information in\nregister\ns 226 am A2017-32 (Qld) s 47; A2022-22 (Qld) s 116\nRegister about former registered health practitioners\ns 227 am A2017-32 (Qld) s 48\nRecord of adjudication decisions to be kept and made publicly available\ns 232 am A2017-32 (Qld) sch 1 amdt 39\nUnique identifier to be given to each registered health practitioner\ns 233 am A2017-32 (Qld) sch 1 amdt 40\nApplication of Commonwealth Ombudsman Act\ns 235 am A2017-32 (Qld) s 49\nProtection from personal liability for persons exercising functions\ns 236 am A2022-22 (Qld) s 40, s 48\nProceedings for indictable offences\ns 241A ins A2019-3 (Qld) s 21\nam A2022-22 (Qld) s 98\nProceedings for offences\ns 242 am A2019-3 (Qld) s 22\nParliamentary scrutiny of national regulations\ns 246 am A2017-32 (Qld) s 50\n\nExemption from requirement for professional indemnity\ninsurance arrangements for midwives practising private midwifery\ns 284 am A2017-32 (Qld) s 51\nComplaints and notifications being dealt with on participation day\ns 289 mod A2010-10 mod 1.23A, mod 1.23B (as ins by SL2010-25\ns 3)\nmod 1.23A, mod 1.23B exp 1 July 2012 (see SL2010-25 s 4)\nSavings and transitional regulations\npt 12 div 16 hdg om R3 LA (see also A2022-22 s 126)\nSavings and transitional regulations\ns 305 exp 30 June 2015 (s 305)\npt 13 hdg ins A2017-32 (Qld) s 52\nParamedicine Board and registration of paramedics\npt 13 div 1 hdg ins A2017-32 (Qld) s 52\ns 306 ins A2017-32 (Qld) s 52\ndef Ambulance Service of New South Wales ins A2017-32\n(Qld) s 306\ndef Diploma of Paramedical Science ins A2017-32 (Qld)\ns 306\ndef Paramedicine Board ins A2017-32 (Qld) s 306\ndef participation day ins A2017-32 (Qld) s 306\ndef relevant day ins A2017-32 (Qld) s 306\nEstablishment of Paramedicine Board\ns 307 ins A2017-32 (Qld) s 52\nPowers and functions of Paramedicine Board\ns 308 ins A2017-32 (Qld) s 52\nParamedicine Board taken to be a National Board for stated matters\ns 309 ins A2017-32 (Qld) s 52\nCAA accredited programs of study\ns 310 ins A2017-32 (Qld) s 52\nQualifications for general registration in paramedicine for a limited period\ns 311 ins A2017-32 (Qld) s 52\nAccepted qualification for general registration in paramedicine\ns 312 ins A2017-32 (Qld) s 52\nProvisions that apply to student registration for Diploma of Paramedical\nScience\ns 313 ins A2017-32 (Qld) s 52\n\nApplications for registration in paramedicine and period of registration\ns 314 ins A2017-32 (Qld) s 52\nApplications for registration in paramedicine made but not decided before\nparticipation day\ns 315 ins A2017-32 (Qld) s 52\nPeriod after participation day during which an individual does not commit an\noffence under ss 113 and 116\ns 316 ins A2017-32 (Qld) s 52\nApplication of ss 113 and 116 to individual temporarily practising\nparamedicine in another jurisdiction\ns 317 ins A2017-32 (Qld) s 52\nOther transitional provisions\npt 13 div 2 hdg ins A2017-32 (Qld) s 52\nDeciding review period for decision on application made under section 125\nbefore commencement\ns 318 ins A2017-32 (Qld) s 52\nDeciding review period for decision after notice given under section 126\nbefore commencement\ns 319 ins A2017-32 (Qld) s 52\nMembership of continued National Boards\ns 320 ins A2017-32 (Qld) s 52\nOffences relating to prohibition orders made before commencement\ns 321 ins A2017-32 (Qld) s 52\nRegister to include prohibition orders made before commencement\ns 322 ins A2017-32 (Qld) s 52\nPublic national registers\ns 323 ins A2017-32 (Qld) s 52\nTransitional provisions for Health Practitioner Regulation National Law and\npt 14 hdg ins A2022-22 (Qld) s 49\nRenaming of Agency Management Committee\ns 324 ins A2022-22 (Qld) s 49\nSaving of endorsement of midwife practitioner\ns 325 ins A2022-22 (Qld) s 77\nTransitional provision for Health Practitioner Regulation National Law\n(Surgeons) Amendment Act 2023\npt 15 hdg ins A2023-22 (Qld) s 6\nApplication of ss 196A, 222, 223 and 227 to particular prohibition orders\ns 326 ins A2023-22 (Qld) s 6\n\nConstitution and procedure of Advisory Council\nsch 1 om A2022-22 (Qld) s 41\nsch 2 hdg sub A2022-22 (Qld) s 50 (1)\nsch 2 cl 1 def Committee om A2022-22 (Qld) s 50 (2)\ndef Chairperson am A2022-22 (Qld) s 50 (3)\ndef member am A2022-22 (Qld) s 50 (3)\nVacancy in office of member\nsch 2 cl 4 am A2017-32 (Qld) s 53; A2022-22 (Qld) s 50 (4)\nVacancies to be advertised\nsch 2 cl 5 am A2022-22 (Qld) s 50 (5), s 50 (6)\nMembers to act in public interest\nsch 2 cl 7 am A2022-22 (Qld) s 50 (7)\nDisclosure of conflict of interest\nsch 2 cl 8 am A2022-22 (Qld) s 50 (7)\nGeneral procedure\nsch 2 cl 9 am A2022-22 (Qld) s 50 (7)\nQuorum\nsch 2 cl 10 am A2022-22 (Qld) s 50 (7)\nChief executive officer may attend meetings\nsch 2 cl 11 am A2022-22 (Qld) s 50 (7)\nPresiding member\nsch 2 cl 12 am A2022-22 (Qld) s 50 (7)\nVoting\nsch 2 cl 13 am A2022-22 (Qld) s 50 (7)\nTransaction of business outside meetings or by telecommunication\nsch 2 cl 14 am A2022-22 (Qld) s 50 (7)\nFirst meeting\nsch 2 cl 15 am A2022-22 (Qld) s 50 (7)\nDefects in appointment of members\nsch 2 cl 16 am A2022-22 (Qld) s 50 (7)\nNational Agency\nsch 3 am A2022-22 (Qld) s 51\nTerms of office of members\nsch 4 cl 2 am A2017-32 (Qld) s 54 (1)\nVacancy in office of member\nsch 4 cl 4 am A2017-32 (Qld) s 54 (2)\n\nBoards may obtain assistance\nsch 4 cl 10 am A2017-32 (Qld) sch 1 amdt 41\nCommittees\nsch 4 cl 11 am A2017-32 (Qld) sch 1 amdt 42\nOffence for failing to produce information or attend before investigator\nsch 5 cl 2 mod A2010-10 mod 1.24\nsch 5 cl 3 am A2022-22 (Qld) s 127\nOffence for failing to produce information or attend before inspector\nsch 6 cl 2 mod A2010-10 mod 1.25\nsch 6 cl 3 am A2022-22 (Qld) s 128\nReturn of seized things\nsch 6 cl 16 am A2019-3 (Qld) s 23\nAccess to seized things\nsch 6 cl 17 am A2019-3 (Qld) s 24\nApplication\nsch 7 cl 38 am A2022-22 (Qld) s 129\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 July 2010–\nA2010-14 (Qld) new Law,\namendments by\nA2010-14 (Qld)\nand modifications\nby A2010-10\n2 July 2012–\nA2010-14 (Qld) expiry of\nmodifications by\nA2010-10 as\namended by\nSL2010-25\n1 July 2015–\n12 Sept 2017\nA2010-14 (Qld) expiry of provision\n(s 305)\n28 Sept 2017\n13 Sept 2017–\n10 Oct 2017\n11 Oct 2017\n11 Oct 2017–\n28 Feb 2018\n1 Mar 2018\n1 Mar 2018–\n1 Aug 2018\n1 Aug 2018–\n30 Nov 2018\n1 Dec 2018\n1 Dec 2018–\n1 July 2019–\n29 Feb 2020\nA2019-3 (Qld) amendments by\nA2019-3 (Qld)\n1 Mar 2020\n1 Mar 2020–\n20 Oct 2022\nA2019-3 (Qld) amendments by\nA2019-3 (Qld)\n\nEarlier republications 5\nNo and date\nEffective Last\namendment\nmade by\nfor\n21 Oct 2022\n21 Oct 2022–\nA2022-22 (Qld) amendments by\n14 Aug 2023\n15 May 2023–\n19 Sept 2023\nA2022-22 (Qld) amendments by\n20 Sept 2023\n20 Sept 2023–\nA2023-22 (Qld) amendments by\nA2023-22 (Qld)\n1 July 2024–\n17 Sept 2024\nA2023-22 (Qld) amendments by","sortOrder":404}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":783},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2009 scope. Originally covering 10 professions with staged rollout, it now regulates 16 professions including newer additions like paramedicine (2017) and ongoing modifications for Aboriginal and Torres Strait Islander health practice. The 2024 amendments added cultural safety obligations, interim prohibition orders, public statements, and enhanced criminal history checking — moving beyond pure registration into proactive public protection and workforce cultural competency."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions, and Schedules (e.g., Schedule 5 investigators' powers mirror Schedule 6 inspectors' powers)","Multiple overlapping notification and assessment pathways with conditional logic (mandatory vs voluntary notifications, preliminary assessments, investigations, health panels, performance panels, tribunal referrals)","47+ defined terms in section 5 alone, many with nested definitions (e.g., 'criminal history' includes convictions, guilty pleas, and charges)","Nested exceptions and carve-outs throughout (e.g., section 141C excludes treating practitioners from mandatory notification duties in specific circumstances)","Co-regulatory jurisdiction provisions creating parallel but different processes for NSW and Queensland","Interim prohibition orders and public statements (Divisions 7A and 7B) adding layers of urgent protective powers with their own procedural requirements","Multiple transitional provisions across Parts 12-15 with staged commencements and profession-specific rules","Substantial delegated legislation framework (regulations, registration standards, accreditation standards) that operates alongside the primary law"],"plain_english_summary":"This is the **Health Practitioner Regulation National Law (ACT)** — a comprehensive national scheme that governs how health professionals are registered, regulated, and disciplined across Australia.\n\n**What it does:**\n- Establishes a **single national registration system** for 16 health professions (doctors, nurses, dentists, pharmacists, psychologists, physiotherapists, and others)\n- Creates the **Australian Health Practitioner Regulation Agency (AHPRA)** and **National Boards** for each profession to oversee registration and standards\n- Sets rules for **who can call themselves a health practitioner** — it's illegal to use protected titles like \"doctor,\" \"nurse,\" or \"psychologist\" unless you're properly registered\n- Provides a **nationwide complaints and disciplinary process** for when practitioners behave badly, perform poorly, or have health issues affecting their practice\n- Requires **mandatory reporting** — employers and other practitioners must report serious concerns about a practitioner's conduct, health, or performance\n\n**Who it affects:**\n- Anyone working in (or wanting to work in) a regulated health profession\n- Patients and the public — the law is designed to protect them from unsafe or incompetent practitioners\n- Employers of health practitioners, education providers, and health complaints bodies\n\n**Why it matters:**\nBefore this law, each state had its own system. Now there's **one national register** — meaning a doctor registered in Sydney can work in Perth without re-registering. It also means consistent standards and a unified approach to weeding out dangerous practitioners, no matter where they practise.\n\n**Key features:**\n- **Five types of registration:** general, specialist, provisional (for supervised practice), limited (for specific purposes like teaching or area of need), and non-practising\n- **Protected titles:** Heavy penalties (up to $60,000 or 3 years jail) for falsely claiming to be a registered practitioner\n- **Disciplinary powers:** National Boards can investigate, suspend, impose conditions, or refer serious cases to tribunals that can cancel registration or ban someone from practising\n- **Cultural safety:** Recent amendments require the scheme to build capacity for culturally safe services to Aboriginal and Torres Strait Islander Peoples"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The 2024 republication reflects substantial growth in scope since the original 2009 national law. Notable expansions include: (1) new enforcement instruments and publicity powers — interim prohibition orders and public statements (ins. Divs 7A and 7B, ss 159B–159O, 159P–159T); (2) broader disclosure and information‑sharing powers (ss 216–224, 220A–220B) and explicit application of Commonwealth privacy/FOI regimes (ss 212A, 213, 215); (3) strengthened Ministerial Council oversight and ability to approve registration standards (ss 11–12); (4) additional registration pathways and staged inclusion of professions (paramedicine pt 13; surgeons amendments pt 15); and (5) more detailed mandatory notification duties for employers and education providers (ss 142–143). These amendments extend the original safety/mobility purpose into a larger regulatory apparatus with stronger public‑safety disclosure and enforcement powers, greater intergovernmental control, and increased obligations on employers and education providers. Concrete examples: insertion of interim prohibition orders (s 159B et seq.), explicit workforce‑planning disclosure powers (s 217), and mandatory treating‑practitioner notifications of sexual misconduct or substantial risk (ss 141A–141B)."},"complexity_factors":["Very large statute: many Parts, Divisions and Schedules (400+ sections and long schedules).","Extensive defined‑terms section with numerous cross‑references (s 5: dozens of definitions).","Multiple overlapping procedures and review routes (application, investigation, immediate action, panels, tribunals, appeals — Parts 7 and 8).","Nested conditional logic: different paths depending on whether conduct occurred in a co‑regulatory jurisdiction, participating jurisdiction, or before registration (e.g. ss 148–151, 139B).","Numerous exceptions and exceptions to exceptions (e.g. disclosure/ confidentiality vs public‑safety exceptions ss 216–224; publication exemptions s 159N(3)).","Heavy use of delegated instruments and intergovernmental regulation (Ministerial Council directions, national regulations, and health profession agreements — ss 11, 12, 26, 245–247).","Specialised enforcement tools added later (interim prohibition orders, public statements — ss 159B–159O, 159P–159T) with multi‑stage procedural rules.","Integration of Commonwealth privacy/FOI regimes with tailored modifications (ss 212A, 213, 215).","Transitional provisions and staged commencements for particular professions (Part 12–15), plus later amendment packages (2017, 2019, 2022, 2023, 2024) layered onto the Law."],"plain_english_summary":"The law creates a single national system (AHPRA plus profession Boards) to register, accredit and discipline health practitioners, set standards for education and specialist recognition, and enforce title‑and‑practice protections. It affects registered practitioners, students, Boards, employers, education providers and the public. It matters because it centralises public‑safety tools and interstate mobility while increasing compliance, disclosure and enforcement powers — concentrating decision‑making and administrative costs in national bodies."}},"importantCases":[],"_links":{"self":"/api/acts/health-practitioner-regulation-national-law-act-","history":"/api/acts/health-practitioner-regulation-national-law-act-/history","analysis":"/api/acts/health-practitioner-regulation-national-law-act-/analysis","conflicts":"/api/acts/health-practitioner-regulation-national-law-act-/conflicts","importantCases":"/api/acts/health-practitioner-regulation-national-law-act-/important-cases","documents":"/api/acts/health-practitioner-regulation-national-law-act-/documents"}}