{"id":"qld:act-2009-045","name":"Health Practitioner Regulation National Law Act 2009","slug":"health-practitioner-regulation-national-law-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"45 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29960,"registerId":"qld-act-2009-045-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Health Practitioner Regulation National Law Act 2009 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than part 4 , commences on 1 July 2010.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nFor the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Health Practitioner Regulation National Law set out in the schedule.\nIn the local application provisions of this Act—\nhealth ombudsman means the health ombudsman under the Health Ombudsman Act 2013 .\nHealth Practitioner Regulation National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 .\nTerms used in the local application provisions of this Act and also in the Health Practitioner Regulation National Law set out in the schedule have the same meanings in those provisions as they have in that Law.\ns 3 def health ombudsman ins 2013 No. 36 s 323\n(sec.3-ssec.1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Health Practitioner Regulation National Law set out in the schedule.\n(sec.3-ssec.2) In the local application provisions of this Act— health ombudsman means the health ombudsman under the Health Ombudsman Act 2013 . Health Practitioner Regulation National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 .\n(sec.3-ssec.3) Terms used in the local application provisions of this Act and also in the Health Practitioner Regulation National Law set out in the schedule have the same meanings in those provisions as they have in that Law.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Adoption of Health Practitioner Regulation National Law","content":"# Adoption of Health Practitioner Regulation National Law","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of Health Practitioner Regulation National Law","content":"### sec.4 Application of Health Practitioner Regulation National Law\n\nThe Health Practitioner Regulation National Law set out in the schedule, as modified by part 4 —\napplies as a law of this jurisdiction; and\nas so applying, may be referred to as the Health Practitioner Regulation National Law (Queensland) ; and\nas so applying, is a part of this Act.\nA copy of the Health Practitioner Regulation National Law (Queensland) may be authorised by the parliamentary counsel.\nIf a copy mentioned in subsection (2) is authorised under that subsection, the copy—\nis to indicate that fact in a suitable place; and\nis a reprint of a law authorised by the parliamentary counsel for the purposes of the Reprints Act 1992 .\ns 4 amd 2013 No. 36 s 324\n(sec.4-ssec.1) The Health Practitioner Regulation National Law set out in the schedule, as modified by part 4 — applies as a law of this jurisdiction; and as so applying, may be referred to as the Health Practitioner Regulation National Law (Queensland) ; and as so applying, is a part of this Act.\n(sec.4-ssec.2) A copy of the Health Practitioner Regulation National Law (Queensland) may be authorised by the parliamentary counsel.\n(sec.4-ssec.3) If a copy mentioned in subsection (2) is authorised under that subsection, the copy— is to indicate that fact in a suitable place; and is a reprint of a law authorised by the parliamentary counsel for the purposes of the Reprints Act 1992 .\n- (a) applies as a law of this jurisdiction; and\n- (b) as so applying, may be referred to as the Health Practitioner Regulation National Law (Queensland) ; and\n- (c) as so applying, is a part of this Act.\n- (a) is to indicate that fact in a suitable place; and\n- (b) is a reprint of a law authorised by the parliamentary counsel for the purposes of the Reprints Act 1992 .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction","content":"### sec.5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction\n\nIn the Health Practitioner Regulation National Law (Queensland) —\nmagistrate means a magistrate appointed under the Magistrates Act 1991 .\nMagistrates Court means a Magistrates Court established under the Justices Act 1886 .\nthis jurisdiction means Queensland.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Responsible tribunal for Health Practitioner Regulation National Law (Queensland)","content":"### sec.6 Responsible tribunal for Health Practitioner Regulation National Law (Queensland)\n\nQCAT is declared to be the responsible tribunal for this jurisdiction for the purposes of the Health Practitioner Regulation National Law (Queensland) .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### sec.7 Exclusion of legislation of this jurisdiction\n\nThe following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (Queensland) or to the instruments made under that law—\nthe Acts Interpretation Act 1954 ;\nthe Auditor-General Act 2009 ;\nthe Financial Accountability Act 2009 ;\nthe Information Privacy Act 2009 ;\nthe Ombudsman Act 2001 ;\nthe Public Sector Act 2022 ;\nthe Right to Information Act 2009 ;\nthe Statutory Bodies Financial Arrangements Act 1982 ;\nthe Statutory Instruments Act 1992 .\ns 7 amd 2022 No. 34 s 365 sch 3\n- (a) the Acts Interpretation Act 1954 ;\n- (b) the Auditor-General Act 2009 ;\n- (c) the Financial Accountability Act 2009 ;\n- (d) the Information Privacy Act 2009 ;\n- (e) the Ombudsman Act 2001 ;\n- (f) the Public Sector Act 2022 ;\n- (g) the Right to Information Act 2009 ;\n- (h) the Statutory Bodies Financial Arrangements Act 1982 ;\n- (i) the Statutory Instruments Act 1992 .","sortOrder":8},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Co-regulatory jurisdiction","content":"### sec.7A Co-regulatory jurisdiction\n\nIt is declared that this jurisdiction is not participating in the health, performance and conduct process provided by part 8 , divisions 3 to 12 of the Health Practitioner Regulation National Law set out in the schedule.\nSee the Health Practitioner Regulation National Law (Queensland) , section 5 , definition co-regulatory jurisdiction .\ns 7A ins 2013 No. 36 s 325","sortOrder":9},{"sectionNumber":"sec.7B","sectionType":"section","heading":"Co-regulatory authority","content":"### sec.7B Co-regulatory authority\n\nIt is declared that the health ombudsman is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law (Queensland) .\nSee the Health Practitioner Regulation National Law (Queensland) , section 5 , definition co-regulatory authority .\ns 7B ins 2013 No. 36 s 325","sortOrder":10},{"sectionNumber":"sec.7C","sectionType":"section","heading":"Adjudication body","content":"### sec.7C Adjudication body\n\nIt is declared that the health ombudsman is an adjudication body for the purposes of the Health Practitioner Regulation National Law (Queensland) .\nSee the Health Practitioner Regulation National Law (Queensland) , section 5 , definition adjudication body .\ns 7C ins 2013 No. 36 s 325","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Provisions specific to this jurisdiction","content":"# Provisions specific to this jurisdiction","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Police commissioner may give criminal history information","content":"### sec.8 Police commissioner may give criminal history information\n\nThe police commissioner may give criminal history information to—\na National Board; or\nACC, or a police force or service of the Commonwealth or another State, for the purpose of ACC or the police force or service giving the criminal history information to a National Board.\nIn this section—\ncriminal history information means information about a person’s criminal history that may be included in a written report under the Health Practitioner Regulation National Law (Queensland) , section 79 or 135 .\ns 8 amd 2017 No. 32 s 56\n(sec.8-ssec.1) The police commissioner may give criminal history information to— a National Board; or ACC, or a police force or service of the Commonwealth or another State, for the purpose of ACC or the police force or service giving the criminal history information to a National Board.\n(sec.8-ssec.2) In this section— criminal history information means information about a person’s criminal history that may be included in a written report under the Health Practitioner Regulation National Law (Queensland) , section 79 or 135 .\n- (a) a National Board; or\n- (b) ACC, or a police force or service of the Commonwealth or another State, for the purpose of ACC or the police force or service giving the criminal history information to a National Board.","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Review of decision by QCAT as responsible tribunal","content":"### sec.9 Review of decision by QCAT as responsible tribunal\n\nA reference in the Health Practitioner Regulation National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the responsible tribunal, a reference to a review of the decision as provided under the QCAT Act .","sortOrder":14},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Regulation-making power","content":"### sec.9A Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 9A prev s 9A ins 2010 No. 14 s 15\nexp 30 June 2013 (see s 9A(4))\npres s 9A ins 2022 No. 22 s 147","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Repeal","content":"### sec.10 Repeal\n\nThe Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 , No. 62 is repealed.","sortOrder":16},{"sectionNumber":"pt.4","sectionType":"part","heading":"Modifications of National Law provisions","content":"# Modifications of National Law provisions","sortOrder":17},{"sectionNumber":"sec.31-frag-div.4","sectionType":"division","heading":"Dealing with notifications","content":"## Dealing with notifications","sortOrder":18},{"sectionNumber":"sec.34-frag-div.5","sectionType":"division","heading":"Matters referred to the National Agency by the health ombudsman","content":"## Matters referred to the National Agency by the health ombudsman","sortOrder":19},{"sectionNumber":"sec.34-frag-div.5-sec.148","sectionType":"section","heading":"Application of div 5","content":"### sec.34-frag-div.5-sec.148 Application of div 5\n\nThis division applies if, under the Health Ombudsman Act 2013 , part 9, division 1, the health ombudsman refers a matter to the National Agency.","sortOrder":20},{"sectionNumber":"sec.34-frag-div.5-sec.149","sectionType":"section","heading":"Referral of matter to National Board","content":"### sec.34-frag-div.5-sec.149 Referral of matter to National Board\n\nThe National Agency must immediately refer the matter to the National Board established for the health practitioner’s or student’s profession.","sortOrder":21},{"sectionNumber":"sec.34-frag-div.5-sec.150","sectionType":"section","heading":"Preliminary assessment","content":"### sec.34-frag-div.5-sec.150 Preliminary assessment\n\nA National Board must, within 60 days after receipt of a referred matter under section 148 , conduct a preliminary assessment of the referred matter and decide—\nwhether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and\nwhether or not the referred matter relates to a matter that is a ground for notification.\nWithout limiting subsection (1) (b) , the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct.\nIf the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board.\n(sec.34-frag-div.5-sec.150-ssec.1) A National Board must, within 60 days after receipt of a referred matter under section 148 , conduct a preliminary assessment of the referred matter and decide— whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and whether or not the referred matter relates to a matter that is a ground for notification.\n(sec.34-frag-div.5-sec.150-ssec.2) Without limiting subsection (1) (b) , the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct.\n(sec.34-frag-div.5-sec.150-ssec.3) If the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board.\n- (a) whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and\n- (b) whether or not the referred matter relates to a matter that is a ground for notification.","sortOrder":22},{"sectionNumber":"sec.34-frag-div.5-sec.150A","sectionType":"section","heading":"Power to require information","content":"### sec.34-frag-div.5-sec.150A Power to require information\n\nFor the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way.\nThe person must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nWithout limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual.\n(sec.34-frag-div.5-sec.150A-ssec.1) For the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way.\n(sec.34-frag-div.5-sec.150A-ssec.2) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sec.34-frag-div.5-sec.150A-ssec.3) Without limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.","sortOrder":23},{"sectionNumber":"sec.34-frag-div.5-sec.150B","sectionType":"section","heading":"Inspection of documents","content":"### sec.34-frag-div.5-sec.150B Inspection of documents\n\nIf a document is produced to a National Board, the Board may—\ninspect the document; and\nmake a copy of, or take an extract from, the document; and\nkeep the document while it is necessary for the preliminary assessment of a referred matter.\nIf the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board.\n(sec.34-frag-div.5-sec.150B-ssec.1) If a document is produced to a National Board, the Board may— inspect the document; and make a copy of, or take an extract from, the document; and keep the document while it is necessary for the preliminary assessment of a referred matter.\n(sec.34-frag-div.5-sec.150B-ssec.2) If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board.\n- (a) inspect the document; and\n- (b) make a copy of, or take an extract from, the document; and\n- (c) keep the document while it is necessary for the preliminary assessment of a referred matter.","sortOrder":24},{"sectionNumber":"sec.34-frag-div.5-sec.150C","sectionType":"section","heading":"Referral to other entities","content":"### sec.34-frag-div.5-sec.150C Referral to other entities\n\nIf, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity.\nA decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter.\nIf the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity—\nif the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and\nany other information the Board has that is relevant to the referred matter.\nThe National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved.\nThe other entity may provide the information requested by the National Board.\n(sec.34-frag-div.5-sec.150C-ssec.1) If, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity.\n(sec.34-frag-div.5-sec.150C-ssec.2) A decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter.\n(sec.34-frag-div.5-sec.150C-ssec.3) If the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity— if the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and any other information the Board has that is relevant to the referred matter.\n(sec.34-frag-div.5-sec.150C-ssec.4) The National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved.\n(sec.34-frag-div.5-sec.150C-ssec.5) The other entity may provide the information requested by the National Board.\n- (a) if the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and\n- (b) any other information the Board has that is relevant to the referred matter.","sortOrder":25},{"sectionNumber":"sec.34-frag-div.5-sec.151","sectionType":"section","heading":"When National Board may decide to take no further action","content":"### sec.34-frag-div.5-sec.151 When National Board may decide to take no further action\n\nA National Board may decide to take no further action in relation to a referred matter if—\nthe Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or\ngiven the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or\nthe person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or\nthe subject matter of the referred matter has already been dealt with adequately by the Board; or\nthe subject matter of the referred matter—\nis being dealt with, or has already been dealt with, by another entity; or\nhas been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or\nthe health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter.\nA National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity.\nA decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.\nIf a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter.\nA notice under subsection (3) must state—\nthat the National Board has decided to take no further action in relation to the referred matter; and\nthe reason the Board has decided to take no further action.\n(sec.34-frag-div.5-sec.151-ssec.1) A National Board may decide to take no further action in relation to a referred matter if— the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or the subject matter of the referred matter has already been dealt with adequately by the Board; or the subject matter of the referred matter— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter.\n(sec.34-frag-div.5-sec.151-ssec.1A) A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity.\n(sec.34-frag-div.5-sec.151-ssec.2) A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.\n(sec.34-frag-div.5-sec.151-ssec.3) If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter.\n(sec.34-frag-div.5-sec.151-ssec.4) A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the referred matter; and the reason the Board has decided to take no further action.\n- (a) the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or\n- (b) given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or\n- (c) the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or\n- (d) the subject matter of the referred matter has already been dealt with adequately by the Board; or\n- (e) the subject matter of the referred matter— (i) is being dealt with, or has already been dealt with, by another entity; or (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or\n- (i) is being dealt with, or has already been dealt with, by another entity; or\n- (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or\n- (f) the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter.\n- (i) is being dealt with, or has already been dealt with, by another entity; or\n- (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or\n- (a) that the National Board has decided to take no further action in relation to the referred matter; and\n- (b) the reason the Board has decided to take no further action.","sortOrder":26},{"sectionNumber":"sec.50-frag-div.12","sectionType":"division","heading":"Referring matter to health ombudsman and responsible tribunals","content":"## Referring matter to health ombudsman and responsible tribunals","sortOrder":27},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of National Law provisions","content":"### sec.11 Meaning of National Law provisions\n\nIn this part—\nNational Law provisions means the provisions of the Health Practitioner Regulation National Law set out in the schedule.\ns 11 ins 2013 No. 36 s 326","sortOrder":28},{"sectionNumber":"sec.12","sectionType":"section","heading":"Operation of pt 4","content":"### sec.12 Operation of pt 4\n\nThis part states the modifications of the National Law provisions for the purpose of applying the modified provisions as a law of this jurisdiction under section 4 .\ns 12 ins 2013 No. 36 s 326","sortOrder":29},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 ins 2013 No. 36 s 326\nom 2022 No. 22 s 131","sortOrder":30},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 ins 2013 No. 36 s 326\nom 2022 No. 22 s 131","sortOrder":31},{"sectionNumber":"sec.15","sectionType":"section","heading":"Amendment of s 5 (Definitions)","content":"### sec.15 Amendment of s 5 (Definitions)\n\nNational Law provisions, section 5 —\ninsert —\ncomplainant , for part 8 , see section 139C .\ncomplaint , for part 8 , see section 139C .\nhealth ombudsman means the health ombudsman under the Health Ombudsman Act 2013 .\nOffice of the Health Ombudsman means the Office of the Health Ombudsman established under the Health Ombudsman Act 2013 .\nreferred matter means a complaint or other matter referred by the health ombudsman to the National Agency under the Health Ombudsman Act 2013 , section 91 .\nNational Law provisions, section 5 , definition adjudication body —\ninsert—\nThe health ombudsman is an adjudication body.\nNational Law provisions, section 5 , definition co-regulatory authority —\ninsert—\nThe health ombudsman is a co-regulatory authority.\nNational Law provisions, section 5 , definition co-regulatory jurisdiction —\ninsert—\nQueensland is a co-regulatory jurisdiction.\nNational Law provisions, section 5 , definition mandatory notification , ‘National Agency’—\nomit, insert—\nhealth ombudsman\nNational Law provisions, section 5 , definition responsible tribunal —\ninsert—\nQCAT is the responsible tribunal for this jurisdiction.\ns 15 ins 2013 No. 36 s 326\namd 2022 No. 22 s 136\n(sec.15-ssec.1) National Law provisions, section 5 — insert — complainant , for part 8 , see section 139C . complaint , for part 8 , see section 139C . health ombudsman means the health ombudsman under the Health Ombudsman Act 2013 . Office of the Health Ombudsman means the Office of the Health Ombudsman established under the Health Ombudsman Act 2013 . referred matter means a complaint or other matter referred by the health ombudsman to the National Agency under the Health Ombudsman Act 2013 , section 91 .\n(sec.15-ssec.2) National Law provisions, section 5 , definition adjudication body — insert— The health ombudsman is an adjudication body.\n(sec.15-ssec.3) National Law provisions, section 5 , definition co-regulatory authority — insert— The health ombudsman is a co-regulatory authority.\n(sec.15-ssec.4) National Law provisions, section 5 , definition co-regulatory jurisdiction — insert— Queensland is a co-regulatory jurisdiction.\n(sec.15-ssec.5) National Law provisions, section 5 , definition mandatory notification , ‘National Agency’— omit, insert— health ombudsman\n(sec.15-ssec.6) National Law provisions, section 5 , definition responsible tribunal — insert— QCAT is the responsible tribunal for this jurisdiction.","sortOrder":32},{"sectionNumber":"sec.16","sectionType":"section","heading":"Amendment of s 11 (Policy directions)","content":"### sec.16 Amendment of s 11 (Policy directions)\n\nNational Law provisions, section 11 (5)(c), after ‘notification’—\ninsert—\n, referred matter\ns 16 ins 2013 No. 36 s 326","sortOrder":33},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 ins 2013 No. 36 s 326\nom 2022 No. 22 s 132","sortOrder":34},{"sectionNumber":"sec.18","sectionType":"section","heading":"Amendment of s 25 (Functions of National Agency)","content":"### sec.18 Amendment of s 25 (Functions of National Agency)\n\nNational Law provisions, section 25 (i)—\nomit, insert—\nto establish an efficient procedure for receiving and dealing with matters referred to it by the health ombudsman about persons who are or were registered health practitioners and persons who are students;\ns 18 ins 2013 No. 36 s 326\n- (i) to establish an efficient procedure for receiving and dealing with matters referred to it by the health ombudsman about persons who are or were registered health practitioners and persons who are students;","sortOrder":35},{"sectionNumber":"sec.19","sectionType":"section","heading":"Insertion of new s 26A","content":"### sec.19 Insertion of new s 26A\n\nNational Law provisions, after section 26 —\ninsert —\nFor each financial year, the responsible Minister must decide, for each health profession, the amount of the complaints component of registration fees payable by Queensland health practitioners registered in the profession for the financial year.\nThe amount decided by the responsible Minister must reflect the reasonable cost of the health ombudsman performing functions, relating to the health, conduct and performance of health practitioners registered in the health profession, that would be performed by the National Agency and the National Board established for the health profession if the Health Ombudsman Act 2013 had not been enacted.\nThe responsible Minister must consult with the Ministerial Council, National Agency and National Boards before making the decision.\nThe responsible Minister must give written notice of the decision to the National Agency at least 1 month before the decision takes effect.\nAs soon as practicable after being notified of the decision, the National Agency must publish the decision to the public.\nThe National Agency must pay the amount to the health ombudsman.\nThe payment under subsection (6) is to be made during the financial year in instalments of the frequency, at least monthly, decided by the responsible Minister.\nIn this section—\ncomplaints component means a component for the costs of performing the health ombudsman’s functions in relation to registered health practitioners.\nQueensland health practitioner means—\na registered health practitioner whose principal place of practice is in this jurisdiction; or\nan applicant for registration whose application for registration includes a declaration under section 77 (3) that—\nthe applicant will predominantly practise the profession in this jurisdiction; or\nthe applicant’s principal place of residence is in this jurisdiction.\nregistration fee means a relevant fee payable by a health practitioner for registration or renewal of registration under this Law.\ns 19 ins 2013 No. 36 s 326\n(sec.19-frag-sec.26A-ssec.1) For each financial year, the responsible Minister must decide, for each health profession, the amount of the complaints component of registration fees payable by Queensland health practitioners registered in the profession for the financial year.\n(sec.19-frag-sec.26A-ssec.2) The amount decided by the responsible Minister must reflect the reasonable cost of the health ombudsman performing functions, relating to the health, conduct and performance of health practitioners registered in the health profession, that would be performed by the National Agency and the National Board established for the health profession if the Health Ombudsman Act 2013 had not been enacted.\n(sec.19-frag-sec.26A-ssec.3) The responsible Minister must consult with the Ministerial Council, National Agency and National Boards before making the decision.\n(sec.19-frag-sec.26A-ssec.4) The responsible Minister must give written notice of the decision to the National Agency at least 1 month before the decision takes effect.\n(sec.19-frag-sec.26A-ssec.5) As soon as practicable after being notified of the decision, the National Agency must publish the decision to the public.\n(sec.19-frag-sec.26A-ssec.6) The National Agency must pay the amount to the health ombudsman.\n(sec.19-frag-sec.26A-ssec.7) The payment under subsection (6) is to be made during the financial year in instalments of the frequency, at least monthly, decided by the responsible Minister.\n(sec.19-frag-sec.26A-ssec.8) In this section— complaints component means a component for the costs of performing the health ombudsman’s functions in relation to registered health practitioners. Queensland health practitioner means— a registered health practitioner whose principal place of practice is in this jurisdiction; or an applicant for registration whose application for registration includes a declaration under section 77 (3) that— the applicant will predominantly practise the profession in this jurisdiction; or the applicant’s principal place of residence is in this jurisdiction. registration fee means a relevant fee payable by a health practitioner for registration or renewal of registration under this Law.\n- (a) a registered health practitioner whose principal place of practice is in this jurisdiction; or\n- (b) an applicant for registration whose application for registration includes a declaration under section 77 (3) that— (i) the applicant will predominantly practise the profession in this jurisdiction; or (ii) the applicant’s principal place of residence is in this jurisdiction.\n- (i) the applicant will predominantly practise the profession in this jurisdiction; or\n- (ii) the applicant’s principal place of residence is in this jurisdiction.\n- (i) the applicant will predominantly practise the profession in this jurisdiction; or\n- (ii) the applicant’s principal place of residence is in this jurisdiction.","sortOrder":36},{"sectionNumber":"sec.20","sectionType":"section","heading":"Amendment of s 35 (Functions of National Boards)","content":"### sec.20 Amendment of s 35 (Functions of National Boards)\n\nNational Law provisions, section 35 (1)(g), ‘receipt, assessment and investigation of notifications’—\nomit, insert—\nassessment and investigation of matters referred to it by the National Agency\nNational Law provisions, section 35 (1)(i), after ‘jurisdictions’—\ninsert—\nor to the health ombudsman\nNational Law provisions, section 35 (2), ‘receiving notifications and’—\nomit.\nNational Law provisions, section 35 (2), after ‘jurisdiction’—\ninsert—\nunless the National Agency has referred the relevant matter to the Board\ns 20 ins 2013 No. 36 s 326\n(sec.20-ssec.1) National Law provisions, section 35 (1)(g), ‘receipt, assessment and investigation of notifications’— omit, insert— assessment and investigation of matters referred to it by the National Agency\n(sec.20-ssec.2) National Law provisions, section 35 (1)(i), after ‘jurisdictions’— insert— or to the health ombudsman\n(sec.20-ssec.3) National Law provisions, section 35 (2), ‘receiving notifications and’— omit.\n(sec.20-ssec.4) National Law provisions, section 35 (2), after ‘jurisdiction’— insert— unless the National Agency has referred the relevant matter to the Board","sortOrder":37},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Amendment of s 112 (Decision about application for renewal)","content":"### sec.20A Amendment of s 112 (Decision about application for renewal)\n\nNational Law provisions, section 112 (2) (ba) , after ‘Board’—\ninsert—\n, or to the health ombudsman under the Health Ombudsman Act 2013 , part 7, division 1,\nNational Law provisions, section 112 (3) (c) , after ‘Board’—\ninsert—\n, or to the health ombudsman under the Health Ombudsman Act 2013 , part 7, division 1,\nNational Law provisions, section 112 (3) , note, after ‘Board’—\ninsert—\nor health ombudsman\ns 20A ins 2022 No. 22 s 133\n(sec.20A-ssec.1) National Law provisions, section 112 (2) (ba) , after ‘Board’— insert— , or to the health ombudsman under the Health Ombudsman Act 2013 , part 7, division 1,\n(sec.20A-ssec.2) National Law provisions, section 112 (3) (c) , after ‘Board’— insert— , or to the health ombudsman under the Health Ombudsman Act 2013 , part 7, division 1,\n(sec.20A-ssec.3) National Law provisions, section 112 (3) , note, after ‘Board’— insert— or health ombudsman","sortOrder":38},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Amendment of s 125 (Changing or removing conditions or undertaking on application by registered health practitioner or student)","content":"### sec.20B Amendment of s 125 (Changing or removing conditions or undertaking on application by registered health practitioner or student)\n\nNational Law provisions, section 125 (1) (a) (ii) , after ‘practitioner’—\ninsert—\nto the Board\ns 20B ins 2022 No. 22 s 133","sortOrder":39},{"sectionNumber":"sec.21","sectionType":"section","heading":"Amendment of s 138 (Application of Part to persons who are registered health practitioners)","content":"### sec.21 Amendment of s 138 (Application of Part to persons who are registered health practitioners)\n\nNational Law provisions, section 138 —\ninsert—\nAlso, a referred matter may be dealt with under this Part about a person who is a registered health practitioner in relation to the practitioner’s behaviour at a time specified in subsection (1)(a) to (c).\ns 21 ins 2013 No. 36 s 326\nsub 2022 No. 22 s 137\n(sec.21-frag-ssec.1A) Also, a referred matter may be dealt with under this Part about a person who is a registered health practitioner in relation to the practitioner’s behaviour at a time specified in subsection (1)(a) to (c).","sortOrder":40},{"sectionNumber":"sec.22","sectionType":"section","heading":"Amendment of s 139A (Application of Part to persons who were registered health practitioners)","content":"### sec.22 Amendment of s 139A (Application of Part to persons who were registered health practitioners)\n\nNational Law provisions, section 139A —\ninsert—\nAlso, a referred matter may be dealt with under this Part about the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered.\nNational Law provisions, section 139A (3) , ‘ subsection (2) ’—\nomit, insert—\nsubsections (2) and (2A)\ns 22 ins 2013 No. 36 s 326\nsub 2022 No. 22 s 137\n(sec.22-ssec.1) National Law provisions, section 139A — insert— Also, a referred matter may be dealt with under this Part about the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered.\n(sec.22-ssec.1-frag-ssec.2A) Also, a referred matter may be dealt with under this Part about the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered.\n(sec.22-ssec.2) National Law provisions, section 139A (3) , ‘ subsection (2) ’— omit, insert— subsections (2) and (2A)","sortOrder":41},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Amendment of s 139B (Application of Part to persons who were registered under corresponding prior Act)","content":"### sec.22A Amendment of s 139B (Application of Part to persons who were registered under corresponding prior Act)\n\nNational Law provisions, section 139B —\ninsert—\nAlso, a referred matter may be dealt with under this Part about the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act.\nNational Law provisions, section 139B (3) , ‘ subsection (2) applies’—\nomit, insert—\nsubsections (2) and (2A) apply\nNational Law provisions, section 139B (4) , ‘ subsection (2) ’—\nomit, insert—\nsubsections (2) and (2A)\ns 22A ins 2022 No. 22 s 137\n(sec.22A-ssec.1) National Law provisions, section 139B — insert— Also, a referred matter may be dealt with under this Part about the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act.\n(sec.22A-ssec.1-frag-ssec.2A) Also, a referred matter may be dealt with under this Part about the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act.\n(sec.22A-ssec.2) National Law provisions, section 139B (3) , ‘ subsection (2) applies’— omit, insert— subsections (2) and (2A) apply\n(sec.22A-ssec.3) National Law provisions, section 139B (4) , ‘ subsection (2) ’— omit, insert— subsections (2) and (2A)","sortOrder":42},{"sectionNumber":"sec.23","sectionType":"section","heading":"Insertion of new s 139C","content":"### sec.23 Insertion of new s 139C\n\nNational Law provisions, after section 139B —\ninsert—\nIn this part—\ncomplainant means a person who makes a complaint.\ncomplaint means—\na notification under division 2 or 3 ; or\na health service complaint under the Health Ombudsman Act 2013 .\ns 23 ins 2013 No. 36 s 326\namd 2022 No. 22 s 138\n- (a) a notification under division 2 or 3 ; or\n- (b) a health service complaint under the Health Ombudsman Act 2013 .","sortOrder":43},{"sectionNumber":"sec.24","sectionType":"section","heading":"Insertion of new s 139D","content":"### sec.24 Insertion of new s 139D\n\nNational Law provisions, part 8 , division 2 —\ninsert—\nThis division applies in relation to notifiable conduct of a registered health practitioner only if the conduct occurs in this jurisdiction.\nThis division applies in relation to a student’s impairment only if the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction.\ns 24 ins 2013 No. 36 s 326\namd 2022 No. 22 s 139\n(sec.24-frag-sec.139D-ssec.1) This division applies in relation to notifiable conduct of a registered health practitioner only if the conduct occurs in this jurisdiction.\n(sec.24-frag-sec.139D-ssec.2) This division applies in relation to a student’s impairment only if the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction.","sortOrder":44},{"sectionNumber":"sec.25","sectionType":"section","heading":"Amendment of s 141 (Mandatory notifications by health practitioners other than treating practitioners)","content":"### sec.25 Amendment of s 141 (Mandatory notifications by health practitioners other than treating practitioners)\n\nNational Law provisions, section 141 (2) and (4)(e), ‘National Agency’—\nomit, insert—\nhealth ombudsman\nNational Law provisions, section 141 (3), after ‘this Part’—\ninsert—\nor the Health Ombudsman Act 2013\ns 25 ins 2013 No. 36 s 326\namd 2019 No. 3 s 4\n(sec.25-ssec.1) National Law provisions, section 141 (2) and (4)(e), ‘National Agency’— omit, insert— health ombudsman\n(sec.25-ssec.2) National Law provisions, section 141 (3), after ‘this Part’— insert— or the Health Ombudsman Act 2013","sortOrder":45},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Amendment of s 141A (Mandatory notifications by treating practitioners of sexual misconduct)","content":"### sec.25A Amendment of s 141A (Mandatory notifications by treating practitioners of sexual misconduct)\n\nSection 141A (2) , ‘National Agency’—\nomit, insert—\nhealth ombudsman\nSection 141A (3) , after ‘this Part’—\ninsert—\nor the Health Ombudsman Act 2013\ns 25A ins 2019 No. 3 s 5\n(sec.25A-ssec.1) Section 141A (2) , ‘National Agency’— omit, insert— health ombudsman\n(sec.25A-ssec.2) Section 141A (3) , after ‘this Part’— insert— or the Health Ombudsman Act 2013","sortOrder":46},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Amendment of s 141B (Mandatory notifications by treating practitioners of substantial risk of harm to public)","content":"### sec.25B Amendment of s 141B (Mandatory notifications by treating practitioners of substantial risk of harm to public)\n\nSection 141B (2) and (4) , ‘National Agency’—\nomit, insert—\nhealth ombudsman\nSection 141B (6) , after ‘this Part’—\ninsert—\nor the Health Ombudsman Act 2013\ns 25B ins 2019 No. 3 s 5\n(sec.25B-ssec.1) Section 141B (2) and (4) , ‘National Agency’— omit, insert— health ombudsman\n(sec.25B-ssec.2) Section 141B (6) , after ‘this Part’— insert— or the Health Ombudsman Act 2013","sortOrder":47},{"sectionNumber":"sec.25C","sectionType":"section","heading":"Amendment of s 141C (When practitioner does not form reasonable belief in course of providing health service)","content":"### sec.25C Amendment of s 141C (When practitioner does not form reasonable belief in course of providing health service)\n\nSection 141C (2) (e) , ‘National Agency’—\nomit, insert—\nhealth ombudsman\ns 25C ins 2019 No. 3 s 5","sortOrder":48},{"sectionNumber":"sec.26","sectionType":"section","heading":"Amendment of s 142 (Mandatory notifications by employers)","content":"### sec.26 Amendment of s 142 (Mandatory notifications by employers)\n\nNational Law provisions, section 142 (1), ‘National Agency’—\nomit, insert—\nhealth ombudsman\nNational Law provisions, section 142 (2) and (3)—\nomit, insert—\nIf the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1) , the health ombudsman—\nmust notify the National Agency; and\nmay—\nrefer the matter to the employer’s licensing authority; or\nrefer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or\nadvise the responsible Minister of the matter.\nNational Law provisions, section 142 (4)—\nrenumber as section 142 (3).\ns 26 ins 2013 No. 36 s 326\n(sec.26-ssec.1) National Law provisions, section 142 (1), ‘National Agency’— omit, insert— health ombudsman\n(sec.26-ssec.2) National Law provisions, section 142 (2) and (3)— omit, insert— If the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1) , the health ombudsman— must notify the National Agency; and may— refer the matter to the employer’s licensing authority; or refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or advise the responsible Minister of the matter.\n(sec.26-ssec.3) National Law provisions, section 142 (4)— renumber as section 142 (3).\n- (2) If the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1) , the health ombudsman— (a) must notify the National Agency; and (b) may— (i) refer the matter to the employer’s licensing authority; or (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or (iii) advise the responsible Minister of the matter.\n- (a) must notify the National Agency; and\n- (b) may— (i) refer the matter to the employer’s licensing authority; or (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or (iii) advise the responsible Minister of the matter.\n- (i) refer the matter to the employer’s licensing authority; or\n- (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or\n- (iii) advise the responsible Minister of the matter.\n- (a) must notify the National Agency; and\n- (b) may— (i) refer the matter to the employer’s licensing authority; or (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or (iii) advise the responsible Minister of the matter.\n- (i) refer the matter to the employer’s licensing authority; or\n- (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or\n- (iii) advise the responsible Minister of the matter.\n- (i) refer the matter to the employer’s licensing authority; or\n- (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or\n- (iii) advise the responsible Minister of the matter.","sortOrder":49},{"sectionNumber":"sec.27","sectionType":"section","heading":"Amendment of s 143 (Mandatory notifications by education providers)","content":"### sec.27 Amendment of s 143 (Mandatory notifications by education providers)\n\nNational Law provisions, section 143 (1), ‘National Agency’—\nomit, insert—\nhealth ombudsman\nNational Law provisions, section 143 (2) and (3)—\nrenumber as section 143 (3) and (4).\nNational Law provisions, section 143 —\ninsert—\nThe health ombudsman must give to the National Agency a copy of each notification received under subsection (1) .\ns 27 ins 2013 No. 36 s 326\n(sec.27-ssec.1) National Law provisions, section 143 (1), ‘National Agency’— omit, insert— health ombudsman\n(sec.27-ssec.2) National Law provisions, section 143 (2) and (3)— renumber as section 143 (3) and (4).\n(sec.27-ssec.3) National Law provisions, section 143 — insert— The health ombudsman must give to the National Agency a copy of each notification received under subsection (1) .\n- (2) The health ombudsman must give to the National Agency a copy of each notification received under subsection (1) .","sortOrder":50},{"sectionNumber":"sec.28","sectionType":"section","heading":"Insertion of new s 143A","content":"### sec.28 Insertion of new s 143A\n\nNational Law provisions, part 8 , division 3 —\ninsert—\nThis division applies in relation to a registered health practitioner only if the notification concerns conduct occurring in this jurisdiction or the practitioner’s principal place of practice is in this jurisdiction.\nThis division applies in relation to a student only if the notification concerns conduct occurring in this jurisdiction or the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction.\ns 28 ins 2013 No. 36 s 326\n(sec.28-frag-sec.143A-ssec.1) This division applies in relation to a registered health practitioner only if the notification concerns conduct occurring in this jurisdiction or the practitioner’s principal place of practice is in this jurisdiction.\n(sec.28-frag-sec.143A-ssec.2) This division applies in relation to a student only if the notification concerns conduct occurring in this jurisdiction or the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction.","sortOrder":51},{"sectionNumber":"sec.29","sectionType":"section","heading":"Amendment of s 144 (Grounds for voluntary notification)","content":"### sec.29 Amendment of s 144 (Grounds for voluntary notification)\n\nNational Law provisions, section 144 (1) and (2), ‘National Agency’—\nomit, insert—\nhealth ombudsman\ns 29 ins 2013 No. 36 s 326","sortOrder":52},{"sectionNumber":"sec.30","sectionType":"section","heading":"Amendment of s 145 (Who may make voluntary notification)","content":"### sec.30 Amendment of s 145 (Who may make voluntary notification)\n\nNational Law provisions, section 145 , ‘National Agency’—\nomit, insert—\nhealth ombudsman\ns 30 ins 2013 No. 36 s 326","sortOrder":53},{"sectionNumber":"sec.31","sectionType":"section","heading":"Replacement of pt 8 , div 4 , hdg","content":"### sec.31 Replacement of pt 8 , div 4 , hdg\n\nNational Law provisions, part 8 , division 4 , heading—\nomit, insert—\ns 31 ins 2013 No. 36 s 326","sortOrder":54},{"sectionNumber":"sec.32","sectionType":"section","heading":"Replacement of s 146 (How notification is made)","content":"### sec.32 Replacement of s 146 (How notification is made)\n\nNational Law provisions, section 146 —\nomit, insert—\nThe Health Ombudsman Act 2013 applies to a notification (including the making of a notification) under division 2 or 3 —\nas if references in that Act to a complaint or complainant were references to a notification or notifier; and\nwith other necessary changes.\nIf a person makes a notification to the health ombudsman under division 2 or 3 , the health ombudsman must deal with it under the Health Ombudsman Act 2013 as if it were a complaint made under part 3 , division 2 of that Act.\ns 32 ins 2013 No. 36 s 326\n(sec.32-frag-sec.146-ssec.1) The Health Ombudsman Act 2013 applies to a notification (including the making of a notification) under division 2 or 3 — as if references in that Act to a complaint or complainant were references to a notification or notifier; and with other necessary changes.\n(sec.32-frag-sec.146-ssec.2) If a person makes a notification to the health ombudsman under division 2 or 3 , the health ombudsman must deal with it under the Health Ombudsman Act 2013 as if it were a complaint made under part 3 , division 2 of that Act.\n- (a) as if references in that Act to a complaint or complainant were references to a notification or notifier; and\n- (b) with other necessary changes.","sortOrder":55},{"sectionNumber":"sec.33","sectionType":"section","heading":"Omission of s 147 (National Agency to provide reasonable assistance to notifier)","content":"### sec.33 Omission of s 147 (National Agency to provide reasonable assistance to notifier)\n\nNational Law provisions, section 147 —\nomit.\ns 33 ins 2013 No. 36 s 326","sortOrder":56},{"sectionNumber":"sec.34","sectionType":"section","heading":"Replacement of pt 8 , div 5 (Preliminary assessment)","content":"### sec.34 Replacement of pt 8 , div 5 (Preliminary assessment)\n\nNational Law provisions, part 8 , division 5 —\nomit, insert—\nThis division applies if, under the Health Ombudsman Act 2013 , part 9, division 1, the health ombudsman refers a matter to the National Agency.\nThe National Agency must immediately refer the matter to the National Board established for the health practitioner’s or student’s profession.\nA National Board must, within 60 days after receipt of a referred matter under section 148 , conduct a preliminary assessment of the referred matter and decide—\nwhether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and\nwhether or not the referred matter relates to a matter that is a ground for notification.\nWithout limiting subsection (1) (b) , the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct.\nIf the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board.\nFor the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way.\nThe person must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nWithout limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual.\nIf a document is produced to a National Board, the Board may—\ninspect the document; and\nmake a copy of, or take an extract from, the document; and\nkeep the document while it is necessary for the preliminary assessment of a referred matter.\nIf the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board.\nIf, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity.\nA decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter.\nIf the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity—\nif the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and\nany other information the Board has that is relevant to the referred matter.\nThe National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved.\nThe other entity may provide the information requested by the National Board.\nA National Board may decide to take no further action in relation to a referred matter if—\nthe Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or\ngiven the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or\nthe person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or\nthe subject matter of the referred matter has already been dealt with adequately by the Board; or\nthe subject matter of the referred matter—\nis being dealt with, or has already been dealt with, by another entity; or\nhas been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or\nthe health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter.\nA National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity.\nA decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.\nIf a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter.\nA notice under subsection (3) must state—\nthat the National Board has decided to take no further action in relation to the referred matter; and\nthe reason the Board has decided to take no further action.\ns 34 ins 2013 No. 36 s 326\namd 2017 No. 32 s 57 ; 2019 No. 38 s 66 ; 2022 No. 22 ss 140 , 144\n(sec.34-frag-div.5-sec.150-ssec.1) A National Board must, within 60 days after receipt of a referred matter under section 148 , conduct a preliminary assessment of the referred matter and decide— whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and whether or not the referred matter relates to a matter that is a ground for notification.\n(sec.34-frag-div.5-sec.150-ssec.2) Without limiting subsection (1) (b) , the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct.\n(sec.34-frag-div.5-sec.150-ssec.3) If the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board.\n(sec.34-frag-div.5-sec.150A-ssec.1) For the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way.\n(sec.34-frag-div.5-sec.150A-ssec.2) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sec.34-frag-div.5-sec.150A-ssec.3) Without limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual.\n(sec.34-frag-div.5-sec.150B-ssec.1) If a document is produced to a National Board, the Board may— inspect the document; and make a copy of, or take an extract from, the document; and keep the document while it is necessary for the preliminary assessment of a referred matter.\n(sec.34-frag-div.5-sec.150B-ssec.2) If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board.\n(sec.34-frag-div.5-sec.150C-ssec.1) If, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity.\n(sec.34-frag-div.5-sec.150C-ssec.2) A decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter.\n(sec.34-frag-div.5-sec.150C-ssec.3) If the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity— if the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and any other information the Board has that is relevant to the referred matter.\n(sec.34-frag-div.5-sec.150C-ssec.4) The National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved.\n(sec.34-frag-div.5-sec.150C-ssec.5) The other entity may provide the information requested by the National Board.\n(sec.34-frag-div.5-sec.151-ssec.1) A National Board may decide to take no further action in relation to a referred matter if— the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or the subject matter of the referred matter has already been dealt with adequately by the Board; or the subject matter of the referred matter— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter.\n(sec.34-frag-div.5-sec.151-ssec.1A) A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity.\n(sec.34-frag-div.5-sec.151-ssec.2) A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.\n(sec.34-frag-div.5-sec.151-ssec.3) If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter.\n(sec.34-frag-div.5-sec.151-ssec.4) A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the referred matter; and the reason the Board has decided to take no further action.\n- (a) whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and\n- (b) whether or not the referred matter relates to a matter that is a ground for notification.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.\n- (a) inspect the document; and\n- (b) make a copy of, or take an extract from, the document; and\n- (c) keep the document while it is necessary for the preliminary assessment of a referred matter.\n- (a) if the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and\n- (b) any other information the Board has that is relevant to the referred matter.\n- (a) the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or\n- (b) given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or\n- (c) the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or\n- (d) the subject matter of the referred matter has already been dealt with adequately by the Board; or\n- (e) the subject matter of the referred matter— (i) is being dealt with, or has already been dealt with, by another entity; or (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or\n- (i) is being dealt with, or has already been dealt with, by another entity; or\n- (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or\n- (f) the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter.\n- (i) is being dealt with, or has already been dealt with, by another entity; or\n- (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or\n- (a) that the National Board has decided to take no further action in relation to the referred matter; and\n- (b) the reason the Board has decided to take no further action.","sortOrder":57},{"sectionNumber":"sec.35","sectionType":"section","heading":"Replacement of ss 153 and 154","content":"### sec.35 Replacement of ss 153 and 154\n\nNational law provisions, sections 153 and 154 —\nomit, insert—\nIf the National Agency receives more than one referred matter about a registered health practitioner or student, the National Board established for the health profession in which the practitioner or student is registered may deal with the referred matters together.\nIn this section—\nreferred matter includes a notification made under a law of another participating jurisdiction.\nThis section applies if a matter referred to a National Board relates to—\na registered health practitioner who is registered in more than one health profession; or\nmore than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or\na person who is registered as a student in more than one health profession; or\nmore than one student and the students are registered in 2 or more different health professions.\nThe National Board may deal with the referred matter in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered.\ns 35 ins 2013 No. 36 s 326\n(sec.35-frag-sec.153-ssec.1) If the National Agency receives more than one referred matter about a registered health practitioner or student, the National Board established for the health profession in which the practitioner or student is registered may deal with the referred matters together.\n(sec.35-frag-sec.153-ssec.2) In this section— referred matter includes a notification made under a law of another participating jurisdiction.\n(sec.35-frag-sec.154-ssec.1) This section applies if a matter referred to a National Board relates to— a registered health practitioner who is registered in more than one health profession; or more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or a person who is registered as a student in more than one health profession; or more than one student and the students are registered in 2 or more different health professions.\n(sec.35-frag-sec.154-ssec.2) The National Board may deal with the referred matter in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered.\n- (a) a registered health practitioner who is registered in more than one health profession; or\n- (b) more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or\n- (c) a person who is registered as a student in more than one health profession; or\n- (d) more than one student and the students are registered in 2 or more different health professions.","sortOrder":58},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Amendment of s 159A (Board may give information to notifier about immediate action)","content":"### sec.35A Amendment of s 159A (Board may give information to notifier about immediate action)\n\nNational Law provisions, section 159A , ‘notifier’—\nomit , insert —\ncomplainant\nNational Law provisions, section 159A , ‘notification’—\nomit, insert —\ncomplaint\ns 35A ins 2017 No. 32 s 58\n(sec.35A-ssec.1) National Law provisions, section 159A , ‘notifier’— omit , insert — complainant\n(sec.35A-ssec.2) National Law provisions, section 159A , ‘notification’— omit, insert — complaint","sortOrder":59},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Insertion of new s 159EA","content":"### sec.35B Insertion of new s 159EA\n\nNational Law provisions, after section 159E —\ninsert—\nThis section applies if—\na regulatory body issues an interim prohibition order to an unregistered person under section 159C; and\neither—\nthe interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or\nthe person’s principal place of residence is in this jurisdiction.\nThe regulatory body must, within 7 days after issuing the interim prohibition order, give the health ombudsman a written notice about the interim prohibition order.\nThe notice must include the following—\nthe name of the unregistered person;\ndetails of the health service or health services to which the interim prohibition order relates, if any;\nthe day on which the interim prohibition order starts;\ndetails of the grounds on which the interim prohibition order was issued.\ns 35B ins 2022 No. 22 s 141\n(sec.35B-frag-sec.159EA-ssec.1) This section applies if— a regulatory body issues an interim prohibition order to an unregistered person under section 159C; and either— the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or the person’s principal place of residence is in this jurisdiction.\n(sec.35B-frag-sec.159EA-ssec.2) The regulatory body must, within 7 days after issuing the interim prohibition order, give the health ombudsman a written notice about the interim prohibition order.\n(sec.35B-frag-sec.159EA-ssec.3) The notice must include the following— the name of the unregistered person; details of the health service or health services to which the interim prohibition order relates, if any; the day on which the interim prohibition order starts; details of the grounds on which the interim prohibition order was issued.\n- (a) a regulatory body issues an interim prohibition order to an unregistered person under section 159C; and\n- (b) either— (i) the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or (ii) the person’s principal place of residence is in this jurisdiction.\n- (i) the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or\n- (ii) the person’s principal place of residence is in this jurisdiction.\n- (i) the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or\n- (ii) the person’s principal place of residence is in this jurisdiction.\n- (a) the name of the unregistered person;\n- (b) details of the health service or health services to which the interim prohibition order relates, if any;\n- (c) the day on which the interim prohibition order starts;\n- (d) details of the grounds on which the interim prohibition order was issued.","sortOrder":60},{"sectionNumber":"sec.35C","sectionType":"section","heading":"Amendment of s 159F (Duration of interim prohibition order)","content":"### sec.35C Amendment of s 159F (Duration of interim prohibition order)\n\nNational Law provisions, section 159F —\ninsert—\nHowever, if the interim prohibition order is issued in relation to a matter referred under section 193A to the health ombudsman, the day specified in subsection (2) cannot be less than 14 days after the day the matter was referred.\ns 35C ins 2022 No. 22 s 141\n- (3) However, if the interim prohibition order is issued in relation to a matter referred under section 193A to the health ombudsman, the day specified in subsection (2) cannot be less than 14 days after the day the matter was referred.","sortOrder":61},{"sectionNumber":"sec.36","sectionType":"section","heading":"Amendment of s 160 (When investigation may be conducted)","content":"### sec.36 Amendment of s 160 (When investigation may be conducted)\n\nNational Law provisions, section 160 (1)(a), ‘notification’—\nomit, insert—\nreferred matter\ns 36 ins 2013 No. 36 s 326","sortOrder":62},{"sectionNumber":"sec.37","sectionType":"section","heading":"Amendment of s 161 (Registered health practitioner or student to be given notice of investigation)","content":"### sec.37 Amendment of s 161 (Registered health practitioner or student to be given notice of investigation)\n\nNational Law provisions, section 161 (3)(b)—\nomit, insert—\nif the investigation relates to a complaint made about the registered health practitioner or student, the complainant.\ns 37 ins 2013 No. 36 s 326\n- (b) if the investigation relates to a complaint made about the registered health practitioner or student, the complainant.","sortOrder":63},{"sectionNumber":"sec.37A","sectionType":"section","heading":"Amendment of s 167A (Board may give information to notifier about result of investigation)","content":"### sec.37A Amendment of s 167A (Board may give information to notifier about result of investigation)\n\nNational Law provisions, section 167A , ‘notifier’—\nomit , insert —\ncomplainant\nNational Law provisions, section 167A , ‘notification’—\nomit, insert —\ncomplaint\ns 37A ins 2017 No. 32 s 59\n(sec.37A-ssec.1) National Law provisions, section 167A , ‘notifier’— omit , insert — complainant\n(sec.37A-ssec.2) National Law provisions, section 167A , ‘notification’— omit, insert — complaint","sortOrder":64},{"sectionNumber":"sec.38","sectionType":"section","heading":"Amendment of s 169 (Requirement for health assessment)","content":"### sec.38 Amendment of s 169 (Requirement for health assessment)\n\nNational Law provisions, section 169 , ‘notification’—\nomit, insert—\ncomplaint\ns 38 ins 2013 No. 36 s 326","sortOrder":65},{"sectionNumber":"sec.39","sectionType":"section","heading":"Amendment of s 170 (Requirement for performance assessment)","content":"### sec.39 Amendment of s 170 (Requirement for performance assessment)\n\nNational Law provisions, section 170 , ‘notification’—\nomit, insert—\ncomplaint\ns 39 ins 2013 No. 36 s 326","sortOrder":66},{"sectionNumber":"sec.40","sectionType":"section","heading":"Amendment of s 177 (Decision by National Board)","content":"### sec.40 Amendment of s 177 (Decision by National Board)\n\nNational Law provisions, section 177 —\ninsert—\nThis section applies subject to division 12, subdivision 1.\ns 40 ins 2013 No. 36 s 326\n- (2) This section applies subject to division 12, subdivision 1.","sortOrder":67},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Amendment of s 177A (Board may give information to notifier about decision following assessor’s report)","content":"### sec.40A Amendment of s 177A (Board may give information to notifier about decision following assessor’s report)\n\nNational Law provisions, section 177A , ‘notifier’—\nomit , insert —\ncomplainant\nNational Law provisions, section 177A , ‘notification’—\nomit, insert —\ncomplaint\ns 40A ins 2017 No. 32 s 60\n(sec.40A-ssec.1) National Law provisions, section 177A , ‘notifier’— omit , insert — complainant\n(sec.40A-ssec.2) National Law provisions, section 177A , ‘notification’— omit, insert — complaint","sortOrder":68},{"sectionNumber":"sec.41","sectionType":"section","heading":"Amendment of s 178 (National Board may take action)","content":"### sec.41 Amendment of s 178 (National Board may take action)\n\nNational Law provisions, section 178 (1)(a), ‘notification’—\nomit, insert—\ncomplaint\nNational Law provisions, section 178 (1)(b)—\nomit, insert—\nthe matter is not required under division 12, subdivision 1 to be referred to the health ombudsman or a responsible tribunal, including because of a decision made under section 193C that it is not in the public interest; and\ns 41 ins 2013 No. 36 s 326\namd 2022 No. 22 s 145\n(sec.41-ssec.1) National Law provisions, section 178 (1)(a), ‘notification’— omit, insert— complaint\n(sec.41-ssec.2) National Law provisions, section 178 (1)(b)— omit, insert— the matter is not required under division 12, subdivision 1 to be referred to the health ombudsman or a responsible tribunal, including because of a decision made under section 193C that it is not in the public interest; and\n- (b) the matter is not required under division 12, subdivision 1 to be referred to the health ombudsman or a responsible tribunal, including because of a decision made under section 193C that it is not in the public interest; and","sortOrder":69},{"sectionNumber":"sec.42","sectionType":"section","heading":"Amendment of s 180 (Notice to be given to health practitioner or student and notifier)","content":"### sec.42 Amendment of s 180 (Notice to be given to health practitioner or student and notifier)\n\nNational Law provisions, section 180 , ‘notifier’—\nomit, insert—\ncomplainant\nNational Law provisions, section 180 (1)(b), ‘notification’—\nomit, insert—\ncomplaint\ns 42 ins 2013 No. 36 s 326\n(sec.42-ssec.1) National Law provisions, section 180 , ‘notifier’— omit, insert— complainant\n(sec.42-ssec.2) National Law provisions, section 180 (1)(b), ‘notification’— omit, insert— complaint","sortOrder":70},{"sectionNumber":"sec.43","sectionType":"section","heading":"Amendment of s 181 (Establishment of health panel)","content":"### sec.43 Amendment of s 181 (Establishment of health panel)\n\nNational Law provisions, section 181 (1)(a), ‘notification’—\nomit, insert—\ncomplaint\ns 43 ins 2013 No. 36 s 326","sortOrder":71},{"sectionNumber":"sec.44","sectionType":"section","heading":"Amendment of s 182 (Establishment of performance and professional standards panel)","content":"### sec.44 Amendment of s 182 (Establishment of performance and professional standards panel)\n\nNational Law provisions, section 182 (1)(a), ‘notification’—\nomit, insert—\ncomplaint\ns 44 ins 2013 No. 36 s 326","sortOrder":72},{"sectionNumber":"sec.45","sectionType":"section","heading":"Amendment of s 183 (List of approved persons for appointment to panels)","content":"### sec.45 Amendment of s 183 (List of approved persons for appointment to panels)\n\nNational Law provisions, section 183 (2)—\nomit.\ns 45 ins 2013 No. 36 s 326","sortOrder":73},{"sectionNumber":"sec.46","sectionType":"section","heading":"Amendment of s 187 (Submission by notifier)","content":"### sec.46 Amendment of s 187 (Submission by notifier)\n\nNational Law provisions, section 187 , ‘notifier’—\nomit, insert—\ncomplainant\nNational Law provisions, section 187 , ‘notification’—\nomit, insert—\ncomplaint\ns 46 ins 2013 No. 36 s 326\n(sec.46-ssec.1) National Law provisions, section 187 , ‘notifier’— omit, insert— complainant\n(sec.46-ssec.2) National Law provisions, section 187 , ‘notification’— omit, insert— complaint","sortOrder":74},{"sectionNumber":"sec.47","sectionType":"section","heading":"Replacement of s 190 (Referral to responsible tribunal or National Board)","content":"### sec.47 Replacement of s 190 (Referral to responsible tribunal or National Board)\n\nNational Law provisions, section 190 —\nomit, insert—\nThis section applies if, at any time while hearing a matter, a panel reasonably believes the evidence demonstrates—\nthe registered health practitioner the subject of the hearing may have behaved in a way that constitutes professional misconduct; or\nthere is another ground for suspending, cancelling or withdrawing the registration of the registered health practitioner the subject of the hearing.\nThe panel must notify the National Board of the panel’s belief.\nSee section 193.\nThis section does not limit the panel’s power to also decide under section 191 to suspend the practitioner’s registration before notifying the Board under subsection (2) .\nThis section applies if, at any time, the practitioner or student the subject of a hearing asks the panel for the matter to be referred to a responsible tribunal.\nThe panel must stop hearing the matter and notify the National Board that established the panel that the matter must be referred to a responsible tribunal.\ns 47 ins 2013 No. 36 s 326\namd 2022 No. 22 s 134\n(sec.47-frag-sec.190-ssec.1) This section applies if, at any time while hearing a matter, a panel reasonably believes the evidence demonstrates— the registered health practitioner the subject of the hearing may have behaved in a way that constitutes professional misconduct; or there is another ground for suspending, cancelling or withdrawing the registration of the registered health practitioner the subject of the hearing.\n(sec.47-frag-sec.190-ssec.2) The panel must notify the National Board of the panel’s belief. See section 193.\n(sec.47-frag-sec.190-ssec.3) This section does not limit the panel’s power to also decide under section 191 to suspend the practitioner’s registration before notifying the Board under subsection (2) .\n(sec.47-frag-sec.190A-ssec.1) This section applies if, at any time, the practitioner or student the subject of a hearing asks the panel for the matter to be referred to a responsible tribunal.\n(sec.47-frag-sec.190A-ssec.2) The panel must stop hearing the matter and notify the National Board that established the panel that the matter must be referred to a responsible tribunal.\n- (a) the registered health practitioner the subject of the hearing may have behaved in a way that constitutes professional misconduct; or\n- (b) there is another ground for suspending, cancelling or withdrawing the registration of the registered health practitioner the subject of the hearing.","sortOrder":75},{"sectionNumber":"sec.48","sectionType":"section","heading":"Amendment of s 191 (Decision of panel)","content":"### sec.48 Amendment of s 191 (Decision of panel)\n\nNational Law provisions, section 191 (1)(b)(iv)—\nomit, insert—\nthe matter must be referred to the responsible tribunal;\ns 48 ins 2013 No. 36 s 326\n- (iv) the matter must be referred to the responsible tribunal;","sortOrder":76},{"sectionNumber":"sec.49","sectionType":"section","heading":"Amendment of s 192 (Notice to be given about panel’s decision)","content":"### sec.49 Amendment of s 192 (Notice to be given about panel’s decision)\n\nNational Law provisions, section 192 (2)(b), ‘notification’—\nomit, insert—\ncomplaint\nNational Law provisions, section 192 (2)(b) and (4), ‘notifier’—\nomit, insert—\ncomplainant\ns 49 ins 2013 No. 36 s 326\n(sec.49-ssec.1) National Law provisions, section 192 (2)(b), ‘notification’— omit, insert— complaint\n(sec.49-ssec.2) National Law provisions, section 192 (2)(b) and (4), ‘notifier’— omit, insert— complainant","sortOrder":77},{"sectionNumber":"sec.50","sectionType":"section","heading":"Replacement of pt 8 , div 12 , hdg and ss 193 – 195","content":"### sec.50 Replacement of pt 8 , div 12 , hdg and ss 193 – 195\n\nNational Law provisions, part 8 , division 12 , heading and sections 193 to 195 —\nomit, insert—\nThe National Board must notify the health ombudsman as soon as practicable after—\nthe National Board forms a reasonable belief, based on a complaint or for any other reason, that—\na registered health practitioner has behaved in a way that constitutes professional misconduct; or\nthere is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or\na panel notifies the National Board of the panel’s belief under section 190(2).\nSubsection (1)(a) does not apply if the National Board is satisfied the health ombudsman is aware of the matter mentioned in subsection (1)(a)(i) or (ii), including, for example, because it was the subject of a referral to the National Agency under the Health Ombudsman Act 2013 , part 9, division 1.\nOn receiving the notification, the health ombudsman must ask the National Board to—\nrefer the matter to the health ombudsman; or\ncontinue to deal with the matter under the National Law.\nThis section does not limit the National Board’s power to do any of the following before making a notification under subsection (1) or a referral under subsection (2)—\nwithdraw the registered health practitioner’s registration under section 85A;\naccept a surrender of the registered health practitioner’s registration under section 137;\ntake immediate action in relation to the registered health practitioner under Division 7.\nA National Board must refer a matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 if the health ombudsman requests the referral under section 193(2).\nAlso, if a panel has notified the National Board that established the panel that the matter must be referred to a responsible tribunal, the Board must notify the health ombudsman of that fact.\nIf a matter is referred under subsection (1) and the Board notifies the health ombudsman in relation to the matter under subsection (2) , the health ombudsman must refer the matter to the responsible tribunal under the Health Ombudsman Act 2013 .\nA National Board may refer another matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 with the health ombudsman’s agreement.\nAlso, a regulatory body that has issued an interim prohibition order to an unregistered person under section 159C may, while the order is in effect and with the health ombudsman’s agreement, refer the matter in relation to which the order was issued to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 .\nSubject to section 193C, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if—\na panel established by the Board asks the Board to refer the matter to a responsible tribunal; and\nit is not a matter that must be referred to the health ombudsman under section 193A.\nA National Board may refer a matter about a registered health practitioner or student to a responsible tribunal if the health ombudsman asks the Board under section 193(2) to continue to deal with the matter under this Law.\nThe National Board must—\nrefer the matter to—\nthe responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or\nif the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and\ngive written notice of the referral to the registered health practitioner or student to whom the matter relates.\nIf the matter relates to a complaint, the referral must include the details of the complainant.\nA National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193(1)(a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal.\nIn deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following—\nthe need to protect the health and safety of the public;\nthe seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct;\nwhether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint;\nwhether the practitioner is still registered and, if not still registered, may again seek registration in the future;\nany other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter;\nany other matter the Board considers relevant to the decision.\nIf a decision is made under this section to not refer a matter to a responsible tribunal—\nthe Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and\nthe National Agency must publish information about the decision in its annual report.\nThis subdivision applies to a proceeding for a matter referred by a National Board to a responsible tribunal under section 193B.\ns 50 ins 2013 No. 36 s 326\namd 2019 No. 38 s 67 ; 2022 No. 22 ss 135 , 142 , 146\n(sec.50-frag-sec.193-ssec.1) The National Board must notify the health ombudsman as soon as practicable after— the National Board forms a reasonable belief, based on a complaint or for any other reason, that— a registered health practitioner has behaved in a way that constitutes professional misconduct; or there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or a panel notifies the National Board of the panel’s belief under section 190(2).\n(sec.50-frag-sec.193-ssec.1A) Subsection (1)(a) does not apply if the National Board is satisfied the health ombudsman is aware of the matter mentioned in subsection (1)(a)(i) or (ii), including, for example, because it was the subject of a referral to the National Agency under the Health Ombudsman Act 2013 , part 9, division 1.\n(sec.50-frag-sec.193-ssec.2) On receiving the notification, the health ombudsman must ask the National Board to— refer the matter to the health ombudsman; or continue to deal with the matter under the National Law.\n(sec.50-frag-sec.193-ssec.3) This section does not limit the National Board’s power to do any of the following before making a notification under subsection (1) or a referral under subsection (2)— withdraw the registered health practitioner’s registration under section 85A; accept a surrender of the registered health practitioner’s registration under section 137; take immediate action in relation to the registered health practitioner under Division 7.\n(sec.50-frag-sec.193A-ssec.1) A National Board must refer a matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 if the health ombudsman requests the referral under section 193(2).\n(sec.50-frag-sec.193A-ssec.2) Also, if a panel has notified the National Board that established the panel that the matter must be referred to a responsible tribunal, the Board must notify the health ombudsman of that fact.\n(sec.50-frag-sec.193A-ssec.3) If a matter is referred under subsection (1) and the Board notifies the health ombudsman in relation to the matter under subsection (2) , the health ombudsman must refer the matter to the responsible tribunal under the Health Ombudsman Act 2013 .\n(sec.50-frag-sec.193A-ssec.4) A National Board may refer another matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 with the health ombudsman’s agreement.\n(sec.50-frag-sec.193A-ssec.5) Also, a regulatory body that has issued an interim prohibition order to an unregistered person under section 159C may, while the order is in effect and with the health ombudsman’s agreement, refer the matter in relation to which the order was issued to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 .\n(sec.50-frag-sec.193B-ssec.1) Subject to section 193C, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if— a panel established by the Board asks the Board to refer the matter to a responsible tribunal; and it is not a matter that must be referred to the health ombudsman under section 193A.\n(sec.50-frag-sec.193B-ssec.2) A National Board may refer a matter about a registered health practitioner or student to a responsible tribunal if the health ombudsman asks the Board under section 193(2) to continue to deal with the matter under this Law.\n(sec.50-frag-sec.193B-ssec.3) The National Board must— refer the matter to— the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and give written notice of the referral to the registered health practitioner or student to whom the matter relates.\n(sec.50-frag-sec.193B-ssec.4) If the matter relates to a complaint, the referral must include the details of the complainant.\n(sec.50-frag-sec.193C-ssec.1) A National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193(1)(a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal.\n(sec.50-frag-sec.193C-ssec.2) In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following— the need to protect the health and safety of the public; the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct; whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint; whether the practitioner is still registered and, if not still registered, may again seek registration in the future; any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter; any other matter the Board considers relevant to the decision.\n(sec.50-frag-sec.193C-ssec.3) If a decision is made under this section to not refer a matter to a responsible tribunal— the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and the National Agency must publish information about the decision in its annual report.\n- (a) the National Board forms a reasonable belief, based on a complaint or for any other reason, that— (i) a registered health practitioner has behaved in a way that constitutes professional misconduct; or (ii) there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or\n- (i) a registered health practitioner has behaved in a way that constitutes professional misconduct; or\n- (ii) there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or\n- (b) a panel notifies the National Board of the panel’s belief under section 190(2).\n- (i) a registered health practitioner has behaved in a way that constitutes professional misconduct; or\n- (ii) there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or\n- (a) refer the matter to the health ombudsman; or\n- (b) continue to deal with the matter under the National Law.\n- (a) withdraw the registered health practitioner’s registration under section 85A;\n- (b) accept a surrender of the registered health practitioner’s registration under section 137;\n- (c) take immediate action in relation to the registered health practitioner under Division 7.\n- (a) a panel established by the Board asks the Board to refer the matter to a responsible tribunal; and\n- (b) it is not a matter that must be referred to the health ombudsman under section 193A.\n- (a) refer the matter to— (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and\n- (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or\n- (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and\n- (b) give written notice of the referral to the registered health practitioner or student to whom the matter relates.\n- (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or\n- (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and\n- (a) the need to protect the health and safety of the public;\n- (b) the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct;\n- (c) whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint;\n- (d) whether the practitioner is still registered and, if not still registered, may again seek registration in the future;\n- (e) any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter;\n- (f) any other matter the Board considers relevant to the decision.\n- (a) the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and\n- (b) the National Agency must publish information about the decision in its annual report.","sortOrder":78},{"sectionNumber":"sec.51","sectionType":"section","heading":"Amendment of s 198 (Relationship with Act establishing responsible tribunal)","content":"### sec.51 Amendment of s 198 (Relationship with Act establishing responsible tribunal)\n\nNational Law provisions, section 198 , ‘Division’—\nomit, insert—\nsubdivision\ns 51 ins 2013 No. 36 s 326\n_____\nss 51A–51B ins 2025 No. 6 s 25 (uncommenced amendment)","sortOrder":79},{"sectionNumber":"sec.52","sectionType":"section","heading":"Omission of ss 201 – 203","content":"### sec.52 Omission of ss 201 – 203\n\nNational Law provisions, sections 201 to 203 —\nomit.\ns 52 ins 2013 No. 36 s 326","sortOrder":80},{"sectionNumber":"sec.53","sectionType":"section","heading":"Amendment of s 204 (Notice from adjudication body)","content":"### sec.53 Amendment of s 204 (Notice from adjudication body)\n\nNational Law provisions, section 204 , heading, ‘adjudication body’—\nomit, insert—\nresponsible tribunal\nNational Law provisions, section 204 (1), ‘an adjudication body, other than a court,’—\nomit, insert—\nthe responsible tribunal\nNational Law provisions, section 204 (2)(a), ‘adjudication body’—\nomit, insert—\nresponsible tribunal\ns 53 ins 2013 No. 36 s 326\n(sec.53-ssec.1) National Law provisions, section 204 , heading, ‘adjudication body’— omit, insert— responsible tribunal\n(sec.53-ssec.2) National Law provisions, section 204 (1), ‘an adjudication body, other than a court,’— omit, insert— the responsible tribunal\n(sec.53-ssec.3) National Law provisions, section 204 (2)(a), ‘adjudication body’— omit, insert— responsible tribunal","sortOrder":81},{"sectionNumber":"sec.54","sectionType":"section","heading":"Amendment of s 206 (National Board to give notice to registered health practitioner’s employer and other entities)","content":"### sec.54 Amendment of s 206 (National Board to give notice to registered health practitioner’s employer and other entities)\n\nNational Law provisions, section 206 (1)(a)(ii) and (iii)—\nomit, insert—\nreceives notice from a panel, or from the responsible tribunal hearing a matter to which the health ombudsman is not a party, that the panel or tribunal has decided to take health, conduct or performance action against a registered health practitioner; and\ns 54 ins 2013 No. 36 s 326\namd 2017 No. 32 s 61\n- (ii) receives notice from a panel, or from the responsible tribunal hearing a matter to which the health ombudsman is not a party, that the panel or tribunal has decided to take health, conduct or performance action against a registered health practitioner; and","sortOrder":82},{"sectionNumber":"sec.55","sectionType":"section","heading":"Insertion of new ss 206A and 206B","content":"### sec.55 Insertion of new ss 206A and 206B\n\nNational Law provisions, after section 206 —\ninsert—\nThis section applies if health, conduct or performance action is taken, in relation to a registered health practitioner who provides health services in this jurisdiction, by—\na National Board or panel; or\na responsible tribunal or court, in a proceeding to which the health ombudsman is not a party.\nThe National Board must give written notice of the action to the health ombudsman.\nThe written notice must include—\nsufficient particulars to identify the registered health practitioner; and\ndetails of—\nthe issues raised about the health, conduct or performance of the registered health practitioner; and\nthe health, conduct or performance action taken in relation to the registered health practitioner.\nThe health ombudsman may, by written notice given to the National Agency or a National Board, ask for—\ninformation about any action taken in relation to, or other information concerning, the health, conduct or performance of a registered health practitioner, including, for example, information about any of the following—\nthe establishment of a panel or progress with a panel hearing;\nthe start of an investigation, progress with an investigation or an investigator’s report;\nreferral of a matter to another entity;\na decision to take no further action in relation to a matter; or\ninformation about a stated matter relevant to the National Agency’s or National Board’s functions relating to the health, conduct and performance of registered health practitioners who provide health services in this jurisdiction.\nThe information that may be requested includes information about a matter concerning a registered health practitioner who provides health services in this jurisdiction, even if the matter arose outside this jurisdiction.\nThe National Agency or National Board must comply with the request.\nIn this section—\ninformation includes a report.\ns 55 ins 2013 No. 36 s 326\n_____\ns 55A ins 2025 No. 6 s 26 (uncommenced amendment)\n(sec.55-frag-sec.206A-ssec.1) This section applies if health, conduct or performance action is taken, in relation to a registered health practitioner who provides health services in this jurisdiction, by— a National Board or panel; or a responsible tribunal or court, in a proceeding to which the health ombudsman is not a party.\n(sec.55-frag-sec.206A-ssec.2) The National Board must give written notice of the action to the health ombudsman.\n(sec.55-frag-sec.206A-ssec.3) The written notice must include— sufficient particulars to identify the registered health practitioner; and details of— the issues raised about the health, conduct or performance of the registered health practitioner; and the health, conduct or performance action taken in relation to the registered health practitioner.\n(sec.55-frag-sec.206B-ssec.1) The health ombudsman may, by written notice given to the National Agency or a National Board, ask for— information about any action taken in relation to, or other information concerning, the health, conduct or performance of a registered health practitioner, including, for example, information about any of the following— the establishment of a panel or progress with a panel hearing; the start of an investigation, progress with an investigation or an investigator’s report; referral of a matter to another entity; a decision to take no further action in relation to a matter; or information about a stated matter relevant to the National Agency’s or National Board’s functions relating to the health, conduct and performance of registered health practitioners who provide health services in this jurisdiction.\n(sec.55-frag-sec.206B-ssec.2) The information that may be requested includes information about a matter concerning a registered health practitioner who provides health services in this jurisdiction, even if the matter arose outside this jurisdiction.\n(sec.55-frag-sec.206B-ssec.3) The National Agency or National Board must comply with the request.\n(sec.55-frag-sec.206B-ssec.4) In this section— information includes a report.\n- (a) a National Board or panel; or\n- (b) a responsible tribunal or court, in a proceeding to which the health ombudsman is not a party.\n- (a) sufficient particulars to identify the registered health practitioner; and\n- (b) details of— (i) the issues raised about the health, conduct or performance of the registered health practitioner; and (ii) the health, conduct or performance action taken in relation to the registered health practitioner.\n- (i) the issues raised about the health, conduct or performance of the registered health practitioner; and\n- (ii) the health, conduct or performance action taken in relation to the registered health practitioner.\n- (i) the issues raised about the health, conduct or performance of the registered health practitioner; and\n- (ii) the health, conduct or performance action taken in relation to the registered health practitioner.\n- (a) information about any action taken in relation to, or other information concerning, the health, conduct or performance of a registered health practitioner, including, for example, information about any of the following— (i) the establishment of a panel or progress with a panel hearing; (ii) the start of an investigation, progress with an investigation or an investigator’s report; (iii) referral of a matter to another entity; (iv) a decision to take no further action in relation to a matter; or\n- (i) the establishment of a panel or progress with a panel hearing;\n- (ii) the start of an investigation, progress with an investigation or an investigator’s report;\n- (iii) referral of a matter to another entity;\n- (iv) a decision to take no further action in relation to a matter; or\n- (b) information about a stated matter relevant to the National Agency’s or National Board’s functions relating to the health, conduct and performance of registered health practitioners who provide health services in this jurisdiction.\n- (i) the establishment of a panel or progress with a panel hearing;\n- (ii) the start of an investigation, progress with an investigation or an investigator’s report;\n- (iii) referral of a matter to another entity;\n- (iv) a decision to take no further action in relation to a matter; or","sortOrder":83},{"sectionNumber":"sec.56","sectionType":"section","heading":"Amendment of s 231 (Other records to be kept by National Boards)","content":"### sec.56 Amendment of s 231 (Other records to be kept by National Boards)\n\nNational Law provisions, section 231 (e)—\nomit, insert—\ninformation about any referred matter about the practitioner received by the Board and any investigation and health, conduct or performance action taken as a result of the referred matter;\ns 56 ins 2013 No. 36 s 326\n- (e) information about any referred matter about the practitioner received by the Board and any investigation and health, conduct or performance action taken as a result of the referred matter;","sortOrder":84},{"sectionNumber":"sec.56AA","sectionType":"section","heading":"Omission of ss 237A and 237B","content":"### sec.56AA Omission of ss 237A and 237B\n\nNational Law provisions, sections 237A and 237B —\nomit.\ns 56AA ins 2025 No. 6 s 27","sortOrder":85},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Replacement of s 241A","content":"### sec.56A Replacement of s 241A\n\nSection 241A —\nomit, insert—\nAn offence against part 7, division 10 or section 159O(1) or 196A(1) is an indictable offence that is a misdemeanour.\nSubject to subsection (3), a proceeding for an indictable offence is to be heard and decided summarily.\nA Magistrates Court must abstain from dealing summarily with a charge of an indictable offence—\nif satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily; or\nThere is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together.\nThere is an important issue of law involved.\nAn issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.\nif satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\nIf a Magistrates Court abstains from jurisdiction—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\nthe proceeding for the charge must be conducted as a committal proceeding; and\na plea of the defendant at the start of the hearing must be disregarded; and\nthe evidence already heard by the court is taken to be evidence in the committal proceeding; and\nthe Justices Act 1886 , section 104 must be complied with for the committal proceeding.\nThe maximum penalty that may be imposed on a summary conviction for an indictable offence is 165 penalty units.\nA Magistrates Court that summarily deals with a charge of an indictable offence—\nmust be constituted by a magistrate; and\nhas jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\ns 56A ins 2019 No. 3 s 6\namd 2022 No. 22 s 143\n(sec.56A-frag-sec.241A-ssec.1) An offence against part 7, division 10 or section 159O(1) or 196A(1) is an indictable offence that is a misdemeanour.\n(sec.56A-frag-sec.241A-ssec.2) Subject to subsection (3), a proceeding for an indictable offence is to be heard and decided summarily.\n(sec.56A-frag-sec.241A-ssec.3) A Magistrates Court must abstain from dealing summarily with a charge of an indictable offence— if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily; or There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together. There is an important issue of law involved. An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards. if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\n(sec.56A-frag-sec.241A-ssec.4) If a Magistrates Court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n(sec.56A-frag-sec.241A-ssec.5) The maximum penalty that may be imposed on a summary conviction for an indictable offence is 165 penalty units.\n(sec.56A-frag-sec.241A-ssec.6) A Magistrates Court that summarily deals with a charge of an indictable offence— must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\n- (a) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily; or Examples of exceptional circumstances— 1 There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together. 2 There is an important issue of law involved. 3 An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.\n- 1 There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together.\n- 2 There is an important issue of law involved.\n- 3 An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.\n- (b) if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\n- 1 There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together.\n- 2 There is an important issue of law involved.\n- 3 An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\n- (b) the proceeding for the charge must be conducted as a committal proceeding; and\n- (c) a plea of the defendant at the start of the hearing must be disregarded; and\n- (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and\n- (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n- (a) must be constituted by a magistrate; and\n- (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.","sortOrder":86},{"sectionNumber":"sec.57","sectionType":"section","heading":"Insertion of new pt 12A","content":"### sec.57 Insertion of new pt 12A\n\nNational Law provisions, after part 12 —\ninsert —\nIn this part—\ncommencement means the commencement of this section.\ncurrent matter means a matter that was being dealt with under part 8 before the commencement and, immediately before the commencement, had not been finally dealt with.\ncurrent notification means a notification made under part 8 before the commencement that, immediately before the commencement, had not been finally dealt with.\nrelevant National Board , for a notification, means the National Board that registered the registered health practitioner or student to whom the notification relates.\nSection 26A applies to the initial period as if the initial period were a financial year.\nIn this section—\ninitial period means the remaining part of the financial year in which this section commences.\nA reference in section 141(4)(e) to a notification made to the health ombudsman includes a notification to the National Agency made before the commencement.\nSection 148, as in force immediately before the commencement, continues to apply to any current notification that the National Agency had not referred to a National Board or other entity under that section before the commencement.\nThis section applies in relation to a current notification or other current matter that, in the opinion of the relevant National Board, indicates—\na registered health practitioner has behaved in a way that constitutes professional misconduct; or\nthere is another ground for the suspension or cancellation of the practitioner’s registration.\nWithin 28 days after the commencement, the board must, by written notice, advise the health ombudsman of the details of the matter and the action that, at the time of commencement, was being taken to deal with it.\nAt any time before the board has finally dealt with the matter, the health ombudsman may, by written notice, direct the board to—\nrefer the matter to the health ombudsman immediately; or\ntake stated action under this Law to deal with the matter and then refer it to the health ombudsman.\nThe board must comply with a direction under subsection (3).\nIf the board refers the matter to the health ombudsman in compliance with a direction—\nthe board must give the health ombudsman all the records and information relating to the matter that it is holding; and\nthe health ombudsman must deal with the matter under the Health Ombudsman Act 2013 .\nThis section applies to a current notification or other current matter unless, under section 310, the health ombudsman has directed the relevant National Board to refer the matter to the health ombudsman.\nThe matter must be dealt with under this Law.\nA reference in section 231(e) to a referred matter about a practitioner received by a National Board includes a notification about the practitioner made before the commencement.\ns 57 ins 2013 No. 36 s 326\namd 2017 No. 32 s 62\n_____\ns 58 ins 2025 No. 6 s 28 (uncommenced amendment)\n(sec.57-frag-sec.305B-ssec.1) Section 26A applies to the initial period as if the initial period were a financial year.\n(sec.57-frag-sec.305B-ssec.2) In this section— initial period means the remaining part of the financial year in which this section commences.\n(sec.57-frag-sec.305E-ssec.1) This section applies in relation to a current notification or other current matter that, in the opinion of the relevant National Board, indicates— a registered health practitioner has behaved in a way that constitutes professional misconduct; or there is another ground for the suspension or cancellation of the practitioner’s registration.\n(sec.57-frag-sec.305E-ssec.2) Within 28 days after the commencement, the board must, by written notice, advise the health ombudsman of the details of the matter and the action that, at the time of commencement, was being taken to deal with it.\n(sec.57-frag-sec.305E-ssec.3) At any time before the board has finally dealt with the matter, the health ombudsman may, by written notice, direct the board to— refer the matter to the health ombudsman immediately; or take stated action under this Law to deal with the matter and then refer it to the health ombudsman.\n(sec.57-frag-sec.305E-ssec.4) The board must comply with a direction under subsection (3).\n(sec.57-frag-sec.305E-ssec.5) If the board refers the matter to the health ombudsman in compliance with a direction— the board must give the health ombudsman all the records and information relating to the matter that it is holding; and the health ombudsman must deal with the matter under the Health Ombudsman Act 2013 .\n(sec.57-frag-sec.305F-ssec.1) This section applies to a current notification or other current matter unless, under section 310, the health ombudsman has directed the relevant National Board to refer the matter to the health ombudsman.\n(sec.57-frag-sec.305F-ssec.2) The matter must be dealt with under this Law.\n- (a) a registered health practitioner has behaved in a way that constitutes professional misconduct; or\n- (b) there is another ground for the suspension or cancellation of the practitioner’s registration.\n- (a) refer the matter to the health ombudsman immediately; or\n- (b) take stated action under this Law to deal with the matter and then refer it to the health ombudsman.\n- (a) the board must give the health ombudsman all the records and information relating to the matter that it is holding; and\n- (b) the health ombudsman must deal with the matter under the Health Ombudsman Act 2013 .","sortOrder":87},{"sectionNumber":"sec.59","sectionType":"section","heading":"Omission of s 329 (Application of s 237B )","content":"### sec.59 Omission of s 329 (Application of s 237B )\n\nNational Law provisions, section 329 —\nomit.\ns 59 ins 2025 No. 6 s 28","sortOrder":88},{"sectionNumber":"sec.57-frag-pt.12A","sectionType":"part","heading":"Transitional provisions for Health Ombudsman Act 2013","content":"# Transitional provisions for Health Ombudsman Act 2013","sortOrder":89},{"sectionNumber":"sch-inc-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":90},{"sectionNumber":"sec.1-oc.2","sectionType":"section","heading":"Short title","content":"### sec.1-oc.2 Short title\n\nThis Law may be cited as the Health Practitioner Regulation National Law.","sortOrder":91},{"sectionNumber":"sec.2-oc.2","sectionType":"section","heading":"Commencement","content":"### sec.2-oc.2 Commencement\n\nThis Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.","sortOrder":92},{"sectionNumber":"sec.3-oc.2","sectionType":"section","heading":"Objectives","content":"### sec.3-oc.2 Objectives\n\nThe object of this Law is to establish a national registration and accreditation scheme for—\nthe regulation of health practitioners; and\nthe registration of students undertaking—\nprograms of study that provide a qualification for registration in a health profession; or\nclinical training in a health profession.\nThe objectives of the national registration and accreditation scheme are—\nto provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered; and\nto facilitate workforce mobility across Australia by reducing the administrative burden for health practitioners wishing to move between participating jurisdictions or to practise in more than one participating jurisdiction; and\nto facilitate the provision of high quality education and training of health practitioners; and\nto build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander Peoples; and\nto facilitate the rigorous and responsive assessment of overseas-trained health practitioners; and\nto facilitate access to services provided by health practitioners in accordance with the public interest; and\nto enable the continuous development of a flexible, responsive and sustainable Australian health workforce and to enable innovation in the education of, and service delivery by, health practitioners.\nsch s 3 amd 2022 No. 22 ss 33, 36\n(sec.3-oc.2-ssec.1) The object of this Law is to establish a national registration and accreditation scheme for— the regulation of health practitioners; and the registration of students undertaking— programs of study that provide a qualification for registration in a health profession; or clinical training in a health profession.\n(sec.3-oc.2-ssec.2) The objectives of the national registration and accreditation scheme are— to provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered; and to facilitate workforce mobility across Australia by reducing the administrative burden for health practitioners wishing to move between participating jurisdictions or to practise in more than one participating jurisdiction; and to facilitate the provision of high quality education and training of health practitioners; and to build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander Peoples; and to facilitate the rigorous and responsive assessment of overseas-trained health practitioners; and to facilitate access to services provided by health practitioners in accordance with the public interest; and to enable the continuous development of a flexible, responsive and sustainable Australian health workforce and to enable innovation in the education of, and service delivery by, health practitioners.\n- (a) the regulation of health practitioners; and\n- (b) the registration of students undertaking— (i) programs of study that provide a qualification for registration in a health profession; or (ii) clinical training in a health profession.\n- (i) programs of study that provide a qualification for registration in a health profession; or\n- (ii) clinical training in a health profession.\n- (i) programs of study that provide a qualification for registration in a health profession; or\n- (ii) clinical training in a health profession.\n- (a) to provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered; and\n- (b) to facilitate workforce mobility across Australia by reducing the administrative burden for health practitioners wishing to move between participating jurisdictions or to practise in more than one participating jurisdiction; and\n- (c) to facilitate the provision of high quality education and training of health practitioners; and\n- (ca) to build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander Peoples; and\n- (d) to facilitate the rigorous and responsive assessment of overseas-trained health practitioners; and\n- (e) to facilitate access to services provided by health practitioners in accordance with the public interest; and\n- (f) to enable the continuous development of a flexible, responsive and sustainable Australian health workforce and to enable innovation in the education of, and service delivery by, health practitioners.","sortOrder":93},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Guiding principles","content":"### sec.3A Guiding principles\n\nThe main guiding principle of the national registration and accreditation scheme is that the following are paramount—\nprotection of the public;\npublic confidence in the safety of services provided by registered health practitioners and students.\nThe other guiding principles of the national registration and accreditation scheme are as follows—\nthe scheme is to operate in a transparent, accountable, efficient, effective and fair way;\nthe scheme is to ensure the development of a culturally safe and respectful health workforce that—\nis responsive to Aboriginal and Torres Strait Islander Peoples and their health; and\ncontributes to the elimination of racism in the provision of health services;\nCodes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.\nfees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;\nrestrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.\nsch s 3A ins 2022 No. 22 s 34\namd 2022 No. 22 s 37\n(sec.3A-ssec.1) The main guiding principle of the national registration and accreditation scheme is that the following are paramount— protection of the public; public confidence in the safety of services provided by registered health practitioners and students.\n(sec.3A-ssec.2) The other guiding principles of the national registration and accreditation scheme are as follows— the scheme is to operate in a transparent, accountable, efficient, effective and fair way; the scheme is to ensure the development of a culturally safe and respectful health workforce that— is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and contributes to the elimination of racism in the provision of health services; Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care. fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme; restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.\n- (a) protection of the public;\n- (b) public confidence in the safety of services provided by registered health practitioners and students.\n- (a) the scheme is to operate in a transparent, accountable, efficient, effective and fair way;\n- (aa) the scheme is to ensure the development of a culturally safe and respectful health workforce that— (i) is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and (ii) contributes to the elimination of racism in the provision of health services; Example— Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.\n- (i) is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and\n- (ii) contributes to the elimination of racism in the provision of health services; Example— Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.\n- (b) fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;\n- (c) restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.\n- (i) is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and\n- (ii) contributes to the elimination of racism in the provision of health services; Example— Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.","sortOrder":94},{"sectionNumber":"sec.4-oc.2","sectionType":"section","heading":"How functions to be exercised","content":"### sec.4-oc.2 How functions to be exercised\n\nAn entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national registration and accreditation scheme set out in sections 3 and 3A .\nsch s 4 amd 2022 No. 22 s 35","sortOrder":95},{"sectionNumber":"sec.5-oc.2","sectionType":"section","heading":"Definitions","content":"### sec.5-oc.2 Definitions\n\nIn this Law—\nACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 (Cwlth) .\nsch s 5 def ACC ins 2017 No. 32 s 4 (3)\naccreditation authority means—\nan external accreditation entity; or\nan accreditation committee.\naccreditation committee means a committee established by a National Board to exercise an accreditation function for a health profession for which the Board is established.\nsch s 5 def accreditation committee amd 2017 No. 32 s 87 (1) s ch 1 pt 1\naccreditation standard , for a health profession, means a standard used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes necessary to practise the profession in Australia.\naccredited program of study means a program of study accredited under section 48 by an accreditation authority.\nadjudication body means—\na panel; or\na responsible tribunal; or\na Court; or\nan entity of a co-regulatory jurisdiction that is declared in the Act applying this Law to be an adjudication body for the purposes of this Law.\nAdvisory Council ...\nsch s 5 def Advisory Council om 2022 No. 22 s 38\nAgency Board means the Australian Health Practitioner Regulation Agency Board established by section 29 .\nsch s 5 def Agency Board ins 2022 No. 22 s 42 (2)\nAgency Fund means the Australian Health Practitioner Regulation Agency Fund established by section 208 .\nAgency Management Committee ...\nsch s 5 def Agency Management Committee om 2022 No. 22 s 42 (1)\nappropriate professional indemnity insurance arrangements , in relation to a registered health practitioner, means professional indemnity insurance arrangements that comply with an approved registration standard for the health profession in which the practitioner is registered.\napproved accreditation standard means an accreditation standard—\napproved by a National Board under section 47 (3) ; and\npublished on the Board’s website under section 47 (6) .\napproved area of practice , for a health profession, means an area of practice approved under section 15 for the profession.\napproved program of study , for a health profession or for endorsement of registration in a health profession, means an accredited program of study—\napproved under section 49 (1) by the National Board established for the health profession; and\nincluded in the list published by the National Agency under section 49 (5) .\napproved qualification —\nfor a health profession, means a qualification obtained by completing an approved program of study for the profession; and\nfor endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement.\napproved registration standard means a registration standard—\napproved by the Ministerial Council under section 12 ; and\npublished on the website of the National Board that developed the standard.\nAustralian legal practitioner means a person who—\nis admitted to the legal profession under the law of a State or Territory; and\nholds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession.\nCOAG Agreement means the agreement for a national registration and accreditation scheme for health professions, made on 26 March 2008 between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.\nA copy of the COAG Agreement is available on the National Agency’s website.\nsch s 5 def COAG Agreement amd 2022 No. 22 s 117 (1)\nco-regulatory authority , for a co-regulatory jurisdiction, means an entity that is declared by the Act applying this Law in the co-regulatory jurisdiction to be a co-regulatory authority for the purposes of this Law.\nco-regulatory jurisdiction means a participating jurisdiction in which the Act applying this Law declares that the jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8 .\ncorresponding prior Act means a law of a participating jurisdiction that—\nwas in force before the day on which the jurisdiction became a participating jurisdiction; and\nestablished an entity having functions that included—\nthe registration of persons as health practitioners; or\nhealth, conduct or performance action.\ncriminal history , of a person, means the following—\nevery conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law;\nevery plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence;\nevery charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law.\ncriminal history law means a law of a participating jurisdiction that provides that spent or other convictions do not form part of a person’s criminal history and prevents or does not require the disclosure of those convictions.\nCrimTrac ...\nsch s 5 def CrimTrac om 2017 No. 32 s 4 (1)\n_____\nsch s 5 def disqualified person ins 2025 No. 6 s 16 (uncommenced amendment)\ndivision , of a health profession, means a part of a health profession for which a Division is included in the National Register kept for the profession.\neducation provider means—\na university; or\na tertiary education institution, or another institution or organisation, that provides vocational training; or\na 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 established by a National Board, that exercises an accreditation function.\nhealth assessment means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the person.\nhealth complaints entity means an entity—\nthat is established by or under an Act of a participating jurisdiction; and\nwhose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system.\nhealth, conduct or performance action means action that—\na National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8 ; or\na co-regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co-regulatory jurisdiction, substantially corresponds to a proceeding under Part 8 .\nhealth panel means a panel established under section 181 .\nhealth practitioner means an individual who practises a health profession.\nhealth profession means the following professions, and includes a recognised specialty in any of the following professions—\nAboriginal and Torres Strait Islander health practice;\nChinese medicine;\nchiropractic;\ndental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\nmedical;\nmedical radiation practice;\nmidwifery;\nnursing;\noccupational therapy;\noptometry;\nosteopathy;\nparamedicine;\npharmacy;\nphysiotherapy;\npodiatry;\npsychology.\nSee Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions.\nsch s 5 def health profession amd 2017 No. 32 s 4 (6) – (7)\nhealth profession agreement has the meaning given by section 26 .\nhealth program means a program providing education, prevention, early intervention, treatment or rehabilitation services relating to physical or mental impairments, disabilities, conditions or disorders, including substance abuse or dependence.\nhealth service includes the following services, whether provided as public or private services—\nservices provided by registered health practitioners;\nhospital services;\nmental health services;\npharmaceutical services;\nambulance services;\ncommunity health services;\nhealth education services;\nwelfare services necessary to implement any services referred to in paragraphs (a) to (g);\nservices provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists;\npathology services.\nhealth service provider means a person who provides a health service.\nimpairment , in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect—\nfor a registered health practitioner or an applicant for registration in a health profession, the person’s capacity to practise the profession; or\nfor a student, the student’s capacity to undertake clinical training—\nas part of the approved program of study in which the student is enrolled; or\narranged by an education provider.\ninterim prohibition order , for Division 7A of Part 8 , see section 159B .\nsch s 5 def interim prohibition order ins 2022 No. 22 s 93\nlocal registration authority means an entity having functions under a law of a State or Territory that include the registration of persons as health practitioners.\nmandatory notification means a notification an entity is required to make to the National Agency under Division 2 of Part 8 .\nmedical practitioner means a person who is registered under this Law in the medical profession.\nMinisterial Council means a body, however described, that consists of the Minister of each participating jurisdiction, and the Commonwealth, who is responsible, or principally responsible, for matters relating to health.\nsch s 5 def Ministerial Council sub 2017 No. 32 s 4 (1) , (3) ; 2022 No. 22 s 53\nNational Agency means the Australian Health Practitioner Regulation Agency established by section 23 .\nNational Board means a National Health Practitioner Board continued or established by regulations made under section 31 .\nsch s 5 def National Board sub 2017 No. 32 s 4 (2) , (4)\nNational Register means the Register kept by a National Board under section 222 .\nnational registration and accreditation scheme means the scheme—\nreferred to in the COAG Agreement; and\nestablished by this Law.\nnotification means—\na mandatory notification; or\na voluntary notification.\nnotifier means a person who makes a notification.\npanel means—\na health panel; or\na performance and professional standards panel.\nparticipating jurisdiction means a State or Territory—\nthat is a party to the COAG Agreement; and\nin which—\nthis Law applies as a law of the State or Territory; or\na law that substantially corresponds to the provisions of this Law has been enacted.\nperformance and professional standards panel means a panel established under section 182 .\nperformance assessment means an assessment of the knowledge, skill or judgment possessed, or care exercised by, a registered health practitioner in the practice of the health profession in which the practitioner is registered.\npolice commissioner means the commissioner of the police force or police service of a participating jurisdiction or the Commonwealth.\npractice arrangement , between a registered health practitioner or unregistered person, and an entity—\nincludes—\na contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or\nan agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but\ndoes not include a contract or agreement not directly related to the provision of a health service.\nsch s 5 def practice arrangement ins 2022 No. 22 s 82\nprincipal place of practice , for a registered health practitioner, means the address declared by the practitioner to be the address—\nat which the practitioner is predominantly practising the profession; or\nif the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner’s principal place of residence.\nprofessional misconduct , of a registered health practitioner, includes—\nunprofessional conduct by the practitioner that amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and\nmore than one instance of unprofessional conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and\nconduct of the practitioner, whether occurring in connection with the practice of the health practitioner’s profession or not, that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession.\nprogram of study means a program of study provided by an education provider.\nprohibition order means—\na decision by a responsible tribunal of this jurisdiction under section 196 (4) (b) or (c) ; or\na decision by a responsible tribunal of another participating jurisdiction under section 196 (4) (b) or (c) as it applies in the other jurisdiction; or\na prohibition order under section 149C (5) of the Health Practitioner Regulation National Law (NSW) ; or\na decision under section 107 (4)(b) of the Health Ombudsman Act 2013 (Qld) .\nsch s 5 def prohibition order ins 2017 No. 32 s 4 (5)\namd 2023 No. 22 s 3\npsychologist means a person registered under this Law in the psychology profession.\npublic health facility includes—\na public hospital; and\na public health, teaching or research facility.\nrecognised specialty means a specialty in a health profession that has been approved by the Ministerial Council under section 13 (2) .\nregistered health practitioner means an individual who—\nis registered under this Law to practise a health profession, other than as a student; or\nholds non-practising registration under this Law in a health profession.\nregistration authority means—\na local registration authority; or\nan entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.\nregistration standard means a registration standard developed by a National Board under section 38 .\nregistration status , in relation to an applicant for registration, includes—\nany undertakings given by the applicant to a registration authority, whether before or after the commencement of this Law; and\nany conditions previously imposed on the applicant’s registration by a registration authority, whether before or after the commencement of this Law; and\nany decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant’s practice of the profession, whether before or after the commencement of this Law; and\nany investigation commenced by a registration authority or a health complaints entity into the applicant’s conduct, performance or possible impairment but not finalised at the time of the application.\nregulatory body , in relation to a person, means any of the following—\nthe National Agency;\nfor a person who is or was a registered health practitioner—a National Board for a health profession in which the person is or was registered.\nsch s 5 def regulatory body ins 2022 No. 22 s 93\n_____\nsch s 5 def reinstatement order ins 2025 No. 6 s 16 (uncommenced amendment)\nrelevant action , for Division 10 of Part 8 , see section 178 .\nrelevant fee , for a service provided by a National Board, means the fee—\nset under a health profession agreement between the Board and the National Agency for the service; and\npublished on the Board’s website under section 26 (3) .\nrelevant provision —\nfor Division 7A of Part 8 , see section 159B ; or\nfor Division 7B of Part 8 , see section 159P .\nsch s 5 def relevant provision ins 2022 No. 22 s 93\nresponsible Minister means a Minister responsible for the administration of this Law in a participating jurisdiction.\nresponsible tribunal means a tribunal or court that—\nis declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction, or\nis declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that jurisdiction.\nreview period , for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under section 125 , 126 or 127 .\nscheduled medicine means a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth.\nspecialist health practitioner means a person registered under this Law in a recognised specialty.\nSpecialists Register means a register kept by a National Board under section 223 .\nspecialist title , in relation to a recognised specialty, means a title that is approved by the Ministerial Council under section 13 as being a specialist 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 as being currently registered under this Law.\nstudent register , for a health profession, means a register kept under section 229 by the National Board established for the profession.\nsuspension period , in relation to a person’s registration in a health profession, for Subdivision 2 of Division 9 of Part 7 , see section 112A .\nsch s 5 def suspension period ins 2022 No. 22 s 117 (2)\nunprofessional conduct , of a registered health practitioner, means professional conduct that is of a lesser standard than that which might reasonably be expected of the health practitioner by the public or the practitioner’s professional peers, and includes—\na contravention by the practitioner of this Law, whether or not the practitioner has been prosecuted for, or convicted of, an offence in relation to the contravention; and\na contravention by the practitioner of—\na condition to which the practitioner’s registration was subject; or\nan undertaking given by the practitioner to the National Board that registers the practitioner; and\nthe conviction of the practitioner for an offence under another Act, the nature of which may affect the practitioner’s suitability to continue to practise the profession; and\nproviding a person with health services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person’s well-being; and\ninfluencing, or attempting to influence, the conduct of another registered health practitioner in a way that may compromise patient care; and\naccepting a benefit as inducement, consideration or reward for referring another person to a health service provider or recommending another person use or consult with a health service provider; and\noffering or giving a person a benefit, consideration or reward in return for the person referring another person to the practitioner or recommending to another person that the person use a health service provided by the practitioner; and\nreferring a person to, or recommending that a person use or consult, another health service provider, health service or health product if the practitioner has a pecuniary interest in giving that referral or recommendation, unless the practitioner discloses the nature of that interest to the person before or at the time of giving the referral or recommendation.\nunregistered person means a person who is not registered, or whose registration is suspended, under this Law.\nsch s 5 def unregistered person ins 2022 No. 22 s 82\nunsatisfactory professional performance , of a registered health practitioner, means the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the health profession in which the practitioner is registered is below the standard reasonably expected of a health practitioner of an equivalent level of training or experience.\nvoluntary notification means a notification made under Division 3 of Part 8 .\n- (a) an external accreditation entity; or\n- (b) an accreditation committee.\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 Act applying this Law to be an adjudication body for the purposes of this Law.\n- (a) approved by a National Board under section 47 (3) ; and\n- (b) published on the Board’s website under section 47 (6) .\n- (a) approved under section 49 (1) by the National Board established for the health profession; and\n- (b) included in the list published by the National Agency under section 49 (5) .\n- (a) for a health profession, means a qualification obtained by completing an approved program of study for the profession; and\n- (b) for endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement.\n- (a) approved by the Ministerial Council under section 12 ; and\n- (b) published on the website of the National Board that developed the standard.\n- (a) is admitted to the legal profession under the law of a State or Territory; and\n- (b) holds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession.\n- (a) was in force before the day on which the jurisdiction became a participating jurisdiction; and\n- (b) established an entity having functions that included— (i) the registration of persons as health practitioners; or (ii) health, conduct or performance action.\n- (i) the registration of persons as health practitioners; or\n- (ii) health, conduct or performance action.\n- (i) the registration of persons as health practitioners; or\n- (ii) health, conduct or performance action.\n- (a) every conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law;\n- (b) every plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence;\n- (c) every charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law.\n- (a) a university; or\n- (b) a tertiary education institution, or another institution or organisation, that provides vocational training; or\n- (c) a specialist medical college or other health profession college.\n- (a) that is established by or under an Act of a participating jurisdiction; and\n- (b) whose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system.\n- (a) a National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8 ; or\n- (b) a co-regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co-regulatory jurisdiction, substantially corresponds to a proceeding under Part 8 .\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, dental 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) psychology. Note. See Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions.\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 in paragraphs (a) to (g);\n- (i) services provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists;\n- (j) pathology services.\n- (a) for a registered health practitioner or an applicant for registration in a health profession, the person’s capacity to practise the profession; or\n- (b) for a student, the student’s capacity to undertake clinical training— (i) as part of the approved program of study in which the student is enrolled; or (ii) arranged by an education provider.\n- (i) as part of the approved program of study in which the student is enrolled; or\n- (ii) arranged by an education provider.\n- (i) as part of the approved program of study in which the student is enrolled; or\n- (ii) arranged by an education provider.\n- (a) referred to in the COAG Agreement; and\n- (b) established by this Law.\n- (a) a mandatory notification; or\n- (b) a voluntary notification.\n- (a) a health panel; or\n- (b) a performance and professional standards panel.\n- (a) that is a party to the COAG Agreement; and\n- (b) in which— (i) this Law applies as a law of the State or Territory; or (ii) a law that substantially corresponds to the provisions of this Law has been enacted.\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 this Law has been enacted.\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 this Law has been enacted.\n- (a) includes— (i) a contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or (ii) an agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but\n- (i) a contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or\n- (ii) an agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but\n- (b) does not include a contract or agreement not directly related to the provision of a health service.\n- (i) a contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or\n- (ii) an agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but\n- (a) at which the practitioner is predominantly practising the profession; or\n- (b) if the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner’s principal place of residence.\n- (a) unprofessional conduct by the practitioner that amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and\n- (b) more than one instance of unprofessional conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and\n- (c) conduct of the practitioner, whether occurring in connection with the practice of the health practitioner’s profession or not, that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession.\n- (a) a decision by a responsible tribunal of this jurisdiction under section 196 (4) (b) or (c) ; or\n- (b) a decision by a responsible tribunal of another participating jurisdiction under section 196 (4) (b) or (c) as it applies in the other jurisdiction; or\n- (c) a prohibition order under section 149C (5) of the Health Practitioner Regulation National Law (NSW) ; or\n- (d) a decision under section 107 (4)(b) of the Health Ombudsman Act 2013 (Qld) .\n- (a) a public hospital; and\n- (b) a public health, teaching or research facility.\n- (a) is registered under this Law to practise a health profession, other than as a student; or\n- (b) holds non-practising registration under this Law in a health profession.\n- (a) a local registration authority; or\n- (b) an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.\n- (a) any undertakings given by the applicant to a registration authority, whether before or after the commencement of this Law; and\n- (b) any conditions previously imposed on the applicant’s registration by a registration authority, whether before or after the commencement of this Law; and\n- (c) any decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant’s practice of the profession, whether before or after the commencement of this Law; and\n- (d) any investigation commenced by a registration authority or a health complaints entity into the applicant’s conduct, performance or possible impairment but not finalised at the time of the application.\n- (a) the National Agency;\n- (b) for a person who is or was a registered health practitioner—a National Board for a health profession in which the person is or was registered.\n- (a) set under a health profession agreement between the Board and the National Agency for the service; and\n- (b) published on the Board’s website under section 26 (3) .\n- (a) for Division 7A of Part 8 , see section 159B ; or\n- (b) for Division 7B of Part 8 , see section 159P .\n- (a) is declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction, or\n- (b) is declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that jurisdiction.\n- (a) a contravention by the practitioner of this Law, whether or not the practitioner has been prosecuted for, or convicted of, an offence in relation to the contravention; and\n- (b) a contravention by the practitioner of— (i) a condition to which the practitioner’s registration was subject; or (ii) an undertaking given by the practitioner to the National Board that registers the practitioner; and\n- (i) a condition to which the practitioner’s registration was subject; or\n- (ii) an undertaking given by the practitioner to the National Board that registers the practitioner; and\n- (c) the conviction of the practitioner for an offence under another Act, the nature of which may affect the practitioner’s suitability to continue to practise the profession; and\n- (d) providing a person with health services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person’s well-being; and\n- (e) influencing, or attempting to influence, the conduct of another registered health practitioner in a way that may compromise patient care; and\n- (f) accepting a benefit as inducement, consideration or reward for referring another person to a health service provider or recommending another person use or consult with a health service provider; and\n- (g) offering or giving a person a benefit, consideration or reward in return for the person referring another person to the practitioner or recommending to another person that the person use a health service provided by the practitioner; and\n- (h) referring a person to, or recommending that a person use or consult, another health service provider, health service or health product if the practitioner has a pecuniary interest in giving that referral or recommendation, unless the practitioner discloses the nature of that interest to the person before or at the time of giving the referral or recommendation.\n- (i) a condition to which the practitioner’s registration was subject; or\n- (ii) an undertaking given by the practitioner to the National Board that registers the practitioner; and","sortOrder":96},{"sectionNumber":"sec.6-oc.2","sectionType":"section","heading":"Interpretation generally","content":"### sec.6-oc.2 Interpretation generally\n\nSchedule 7 applies in relation to this Law.","sortOrder":97},{"sectionNumber":"sec.7-oc.2","sectionType":"section","heading":"Single national entity","content":"### sec.7-oc.2 Single national entity\n\nIt is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by or under this Law is one single national entity, with functions conferred by this Law as so applied.\nAn entity established by or under this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\nAn entity established by or under this Law may exercise its functions in relation to—\none participating jurisdiction; or\n2 or more or all participating jurisdictions collectively.\nIn this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.\nsch s 7 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.7-oc.2-ssec.1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by or under this Law is one single national entity, with functions conferred by this Law as so applied.\n(sec.7-oc.2-ssec.2) An entity established by or under this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\n(sec.7-oc.2-ssec.3) An entity established by or under this Law may exercise its functions in relation to— one participating jurisdiction; or 2 or more or all participating jurisdictions collectively.\n(sec.7-oc.2-ssec.4) In this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.\n- (a) one participating jurisdiction; or\n- (b) 2 or more or all participating jurisdictions collectively.","sortOrder":98},{"sectionNumber":"sec.8-oc.2","sectionType":"section","heading":"Extraterritorial operation of Law","content":"### sec.8-oc.2 Extraterritorial operation of Law\n\nIt is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following—\nthings situated in or outside the territorial limits of this jurisdiction;\nacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\nthings, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.\n- (a) things situated in or outside the territorial limits of this jurisdiction;\n- (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n- (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.","sortOrder":99},{"sectionNumber":"sec.9-oc.2","sectionType":"section","heading":"Trans-Tasman mutual recognition principle","content":"### sec.9-oc.2 Trans-Tasman mutual recognition principle\n\nThis Law does not affect the operation of an Act of a participating jurisdiction providing for the application of the Trans-Tasman mutual recognition principle to occupations.","sortOrder":100},{"sectionNumber":"sec.10-oc.2","sectionType":"section","heading":"Law binds the State","content":"### sec.10-oc.2 Law binds the State\n\nThis Law binds the State.\nIn this section—\nState means the Crown in right of this jurisdiction, and includes—\nthe Government of this jurisdiction; and\na Minister of the Crown in right of this jurisdiction; and\na statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\n(sec.10-oc.2-ssec.1) This Law binds the State.\n(sec.10-oc.2-ssec.2) In this section— State means the Crown in right of this jurisdiction, and includes— the Government of this jurisdiction; and a Minister of the Crown in right of this jurisdiction; and a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\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 in right of this jurisdiction.","sortOrder":101},{"sectionNumber":"sch-inc-pt.2","sectionType":"part","heading":"Ministerial Council","content":"# Ministerial Council","sortOrder":102},{"sectionNumber":"sec.11-oc.2","sectionType":"section","heading":"Policy directions","content":"### sec.11-oc.2 Policy directions\n\nThe Ministerial Council may give directions to the National Agency about the policies to be applied by the National Agency in exercising its functions under this Law.\nThe Ministerial Council may give directions to a National Board about the policies to be applied by the National Board in exercising its functions under this Law.\nWithout limiting subsections (1) and (2) , a direction under this section may relate to—\na matter relevant to the policies of the National Agency or a National Board; or\nan administrative process of the National Agency or a National Board; or\na procedure of the National Agency or a National Board; or\na particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health profession.\nHowever, the Ministerial Council may give a National Board a direction under subsection (3) (d) only if—\nin the Council’s opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and\nthe Council has first given consideration to the potential impact of the Council’s direction on the quality and safety of health care.\nA direction under this section cannot be about—\na particular person; or\na particular qualification; or\na particular application, notification or proceeding.\nThe National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section.\n(sec.11-oc.2-ssec.1) The Ministerial Council may give directions to the National Agency about the policies to be applied by the National Agency in exercising its functions under this Law.\n(sec.11-oc.2-ssec.2) The Ministerial Council may give directions to a National Board about the policies to be applied by the National Board in exercising its functions under this Law.\n(sec.11-oc.2-ssec.3) Without limiting subsections (1) and (2) , a direction under this section may relate to— a matter relevant to the policies of the National Agency or a National Board; or an administrative process of the National Agency or a National Board; or a procedure of the National Agency or a National Board; or a particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health profession.\n(sec.11-oc.2-ssec.4) However, the Ministerial Council may give a National Board a direction under subsection (3) (d) only if— in the Council’s opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and the Council has first given consideration to the potential impact of the Council’s direction on the quality and safety of health care.\n(sec.11-oc.2-ssec.5) A direction under this section cannot be about— a particular person; or a particular qualification; or a particular application, notification or proceeding.\n(sec.11-oc.2-ssec.6) The National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section.\n- (a) a matter relevant to the policies of the National Agency or a National Board; or\n- (b) an administrative process of the National Agency or a National Board; or\n- (c) a procedure of the National Agency or a National Board; or\n- (d) a particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health profession.\n- (a) in the Council’s opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and\n- (b) the Council has first given consideration to the potential impact of the Council’s direction on the quality and safety of health care.\n- (a) a particular person; or\n- (b) a particular qualification; or\n- (c) a particular application, notification or proceeding.","sortOrder":103},{"sectionNumber":"sec.12-oc.2","sectionType":"section","heading":"Approval of registration standards","content":"### sec.12-oc.2 Approval of registration standards\n\nThe Ministerial Council may approve a registration standard about—\nthe registration, or renewal of registration, of persons in a health profession; or\nthe endorsement, or renewal of the endorsement, of the registration of registered health practitioners.\nThe Ministerial Council may approve a registration standard for a health profession only if—\nits approval is recommended by the National Board established for the health profession; and\nit does not provide for a matter about which an accreditation standard may provide.\nAn accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under Division 3 of Part 6 .\nThe Ministerial Council may, at any time, ask a National Board to review an approved or proposed registration standard for the health profession for which the National Board is established.\nThe Ministerial Council may delegate any of the Council’s powers under subsection (1) to an entity it considers appropriate to exercise the power.\nsch s 12 amd 2022 No. 22 s 54\n(sec.12-oc.2-ssec.1) The Ministerial Council may approve a registration standard about— the registration, or renewal of registration, of persons in a health profession; or the endorsement, or renewal of the endorsement, of the registration of registered health practitioners.\n(sec.12-oc.2-ssec.2) The Ministerial Council may approve a registration standard for a health profession only if— its approval is recommended by the National Board established for the health profession; and it does not provide for a matter about which an accreditation standard may provide. An accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under Division 3 of Part 6 .\n(sec.12-oc.2-ssec.3) The Ministerial Council may, at any time, ask a National Board to review an approved or proposed registration standard for the health profession for which the National Board is established.\n(sec.12-oc.2-ssec.4) The Ministerial Council may delegate any of the Council’s powers under subsection (1) to an entity it considers appropriate to exercise the power.\n- (a) the registration, or renewal of registration, of persons in a health profession; or\n- (b) the endorsement, or renewal of the endorsement, of the registration of registered health practitioners.\n- (a) its approval is recommended by the National Board established for the health profession; and\n- (b) it does not provide for a matter about which an accreditation standard may provide. Note. An accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under Division 3 of Part 6 .","sortOrder":104},{"sectionNumber":"sec.13-oc.2","sectionType":"section","heading":"Approvals in relation to specialist registration","content":"### sec.13-oc.2 Approvals in relation to specialist registration\n\nThe following health professions, or divisions of health professions, are health professions for which specialist recognition operates under this Law—\nthe medical profession;\nthe dentists division of the dental profession;\nany other health profession approved by the Ministerial Council, on the recommendation of the National Board established for the profession.\nIf a health profession is a profession for which specialist recognition operates, the Ministerial Council may, on the recommendation of the National Board established for the profession—\napprove a list of specialties for the profession; and\napprove one or more specialist titles for each specialty in the list.\nIn making a recommendation to the Ministerial Council for the purposes of subsection (1) (c) or (2) , a National Board established for a health profession may have regard to any relevant advice provided by—\nan accreditation authority for the profession; or\na specialist college for the profession.\nThe Ministerial Council may provide guidance to a National Board established for a health profession for which specialist recognition will operate in relation to the criteria for the approval of specialties for the profession by the Council.\n(sec.13-oc.2-ssec.1) The following health professions, or divisions of health professions, are health professions for which specialist recognition operates under this Law— the medical profession; the dentists division of the dental profession; any other health profession approved by the Ministerial Council, on the recommendation of the National Board established for the profession.\n(sec.13-oc.2-ssec.2) If a health profession is a profession for which specialist recognition operates, the Ministerial Council may, on the recommendation of the National Board established for the profession— approve a list of specialties for the profession; and approve one or more specialist titles for each specialty in the list.\n(sec.13-oc.2-ssec.3) In making a recommendation to the Ministerial Council for the purposes of subsection (1) (c) or (2) , a National Board established for a health profession may have regard to any relevant advice provided by— an accreditation authority for the profession; or a specialist college for the profession.\n(sec.13-oc.2-ssec.4) The Ministerial Council may provide guidance to a National Board established for a health profession for which specialist recognition will operate in relation to the criteria for the approval of specialties for the profession by the Council.\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, on the recommendation of the National 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- (a) an accreditation authority for the profession; or\n- (b) a specialist college for the profession.","sortOrder":105},{"sectionNumber":"sec.14-oc.2","sectionType":"section","heading":"Approval of endorsement in relation to scheduled medicines","content":"### sec.14-oc.2 Approval of endorsement in relation to scheduled medicines\n\nThe Ministerial Council may, on the recommendation of a National Board, decide that the Board may endorse the registration of health practitioners practising a profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines.\nSee section 94 which provides for the endorsement of health practitioners’ registration in relation to scheduled medicines.\nAn approval under subsection (1) is to specify—\nthe class of health practitioners registered by the Board to which the approval relates; and\nwhether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and\nwhether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines.\nsch s 14 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.14-oc.2-ssec.1) The Ministerial Council may, on the recommendation of a National Board, decide that the Board may endorse the registration of health practitioners practising a profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines. See section 94 which provides for the endorsement of health practitioners’ registration in relation to scheduled medicines.\n(sec.14-oc.2-ssec.2) An approval under subsection (1) is to specify— the class of health practitioners registered by the Board to which the approval relates; and whether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and whether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines.\n- (a) the class of health practitioners registered by the Board to which the approval relates; and\n- (b) whether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and\n- (c) whether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines.","sortOrder":106},{"sectionNumber":"sec.15-oc.2","sectionType":"section","heading":"Approval of areas of practice for purposes of endorsement","content":"### sec.15-oc.2 Approval of areas of practice for purposes of endorsement\n\nThe Ministerial Council may, on the recommendation of a National Board, approve an area of practice in a health profession for which the Board is established as being an area of practice for which the registration of a health practitioner registered in the profession may be endorsed.\nSee section 98 which provides for the endorsement of health practitioners’ registration in relation to approved areas of practice.\nsch s 15 amd 2017 No. 32 s 87 (1) s ch 1 pt 1","sortOrder":107},{"sectionNumber":"sec.16-oc.2","sectionType":"section","heading":"How Ministerial Council exercises functions","content":"### sec.16-oc.2 How Ministerial Council exercises functions\n\nThe Ministerial Council is to give a direction or approval, or make a recommendation, request or appointment, for the purposes of a provision of this Law by resolution of the Council passed in accordance with procedures determined by the Council.\nAn act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.\n(sec.16-oc.2-ssec.1) The Ministerial Council is to give a direction or approval, or make a recommendation, request or appointment, for the purposes of a provision of this Law by resolution of the Council passed in accordance with procedures determined by the Council.\n(sec.16-oc.2-ssec.2) An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.","sortOrder":108},{"sectionNumber":"sec.17-oc.2","sectionType":"section","heading":"Notification and publication of directions and approvals","content":"### sec.17-oc.2 Notification and publication of directions and approvals\n\nA copy of any direction given by the Ministerial Council to the National Agency—\nis to be given to the Chairperson of the Agency Board; and\nmust be published by the National Agency on its website as soon as practicable after being received by the Chairperson.\nA copy of a direction or approval given by the Ministerial Council to a National Board—\nis to be given to the Chairperson of the National Board; and\nif the direction is given under section 11 (3) (d) , is to include reasons for the direction; and\nmust be published by the National Board on its website as soon as practicable after being received by the Chairperson.\nA copy of a direction or approval given by the Ministerial Council to the National Agency or to a National Board is to be published in the annual report of the National Agency.\nsch s 17 amd 2022 No. 22 s 43\n(sec.17-oc.2-ssec.1) A copy of any direction given by the Ministerial Council to the National Agency— is to be given to the Chairperson of the Agency Board; and must be published by the National Agency on its website as soon as practicable after being received by the Chairperson.\n(sec.17-oc.2-ssec.2) A copy of a direction or approval given by the Ministerial Council to a National Board— is to be given to the Chairperson of the National Board; and if the direction is given under section 11 (3) (d) , is to include reasons for the direction; and must be published by the National Board on its website as soon as practicable after being received by the Chairperson.\n(sec.17-oc.2-ssec.3) A copy of a direction or approval given by the Ministerial Council to the National Agency or to a National Board is to be published in the annual report of the National 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 as practicable after being received by the Chairperson.\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 reasons for the direction; and\n- (c) must be published by the National Board on its website as soon as practicable after being received by the Chairperson.","sortOrder":109},{"sectionNumber":"sch-inc-pt.3","sectionType":"part","heading":"Australian Health Workforce Advisory Council","content":"# Australian Health Workforce Advisory Council","sortOrder":110},{"sectionNumber":"sec.18-oc.2","sectionType":"section","heading":null,"content":"### Section sec.18-oc.2\n\nsch s 18 om 2022 No. 22 s 39","sortOrder":111},{"sectionNumber":"sec.19-oc.2","sectionType":"section","heading":null,"content":"### Section sec.19-oc.2\n\nsch s 19 om 2022 No. 22 s 39","sortOrder":112},{"sectionNumber":"sec.20-oc.2","sectionType":"section","heading":null,"content":"### Section sec.20-oc.2\n\nsch s 20 om 2022 No. 22 s 39","sortOrder":113},{"sectionNumber":"sec.21-oc.2","sectionType":"section","heading":null,"content":"### Section sec.21-oc.2\n\nsch s 21 om 2022 No. 22 s 39","sortOrder":114},{"sectionNumber":"sec.22-oc.2","sectionType":"section","heading":null,"content":"### Section sec.22-oc.2\n\nsch s 22 om 2022 No. 22 s 39","sortOrder":115},{"sectionNumber":"sch-inc-pt.4","sectionType":"part","heading":"Australian Health Practitioner Regulation Agency","content":"# Australian Health Practitioner Regulation Agency","sortOrder":116},{"sectionNumber":"sch-inc-pt.4-div.1","sectionType":"division","heading":"National Agency","content":"## National Agency","sortOrder":117},{"sectionNumber":"sec.23-oc.2","sectionType":"section","heading":"National Agency","content":"### sec.23-oc.2 National Agency\n\nThe Australian Health Practitioner Regulation Agency is established.\nThe National Agency—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\nThe National Agency represents the State.\nSchedule 3 sets out provisions relating to the National Agency.\n(sec.23-oc.2-ssec.1) The Australian Health Practitioner Regulation Agency is established.\n(sec.23-oc.2-ssec.2) The National Agency— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.\n(sec.23-oc.2-ssec.3) The National Agency represents the State.\n(sec.23-oc.2-ssec.4) Schedule 3 sets out provisions relating to the National Agency.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":118},{"sectionNumber":"sec.24-oc.2","sectionType":"section","heading":"General powers of National Agency","content":"### sec.24-oc.2 General powers of National Agency\n\nThe National Agency has all the powers of an individual and, in particular, may—\nenter into contracts; and\nacquire, hold, dispose of, and deal with, real and personal property; and\ndo anything necessary or convenient to be done in the exercise of its functions.\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of, and deal with, real and personal property; and\n- (c) do anything necessary or convenient to be done in the exercise of its functions.","sortOrder":119},{"sectionNumber":"sec.25-oc.2","sectionType":"section","heading":"Functions of National Agency","content":"### sec.25-oc.2 Functions of National Agency\n\nThe functions of the National Agency are as follows—\nto provide administrative assistance and support to the National Boards, and the Boards’ committees, in exercising their functions;\nin consultation with the National Boards, to develop and administer procedures for the purpose of ensuring the efficient and effective operation of the National Boards;\nto establish procedures for the development of accreditation standards, registration standards and codes and guidelines approved by National Boards, for the purpose of ensuring the national registration and accreditation scheme operates in accordance with good regulatory practice;\nto negotiate in good faith with, and attempt to come to an agreement with, each National Board on the terms of a health profession agreement;\nto establish and administer an efficient procedure for receiving and dealing with applications for registration as a health practitioner and other matters relating to the registration of registered health practitioners;\nin conjunction with the National Boards, to keep up-to-date and publicly accessible national registers of registered health practitioners for each health profession;\nin conjunction with the National Boards, to keep up-to-date national registers of students for each health profession;\nto keep an up-to-date and publicly accessible list of approved programs of study for each health profession;\nto establish an efficient procedure for receiving and dealing with notifications against persons who are or were registered health practitioners and persons who are students, including by establishing a national process for receiving notifications about registered health practitioners in all professions;\nto give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme;\nif asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the administration of the national registration and accreditation scheme;\nto do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;\nany other function given to the National Agency by or under this Law.\nsch s 25 amd 2022 No. 22 s 52\n- (a) to provide administrative assistance and support to the National Boards, and the Boards’ committees, in exercising their functions;\n- (b) in consultation with the National Boards, to develop and administer procedures for the purpose of ensuring the efficient and effective operation of the National Boards;\n- (c) to establish procedures for the development of accreditation standards, registration standards and codes and guidelines approved by National Boards, for the purpose of ensuring the national registration and accreditation scheme operates in accordance with good regulatory practice;\n- (d) to negotiate in good faith with, and attempt to come to an agreement with, each National Board on the terms of a health profession agreement;\n- (e) to establish and administer an efficient procedure for receiving and dealing with applications for registration as a health practitioner and other matters relating to the registration of registered health practitioners;\n- (f) in conjunction with the National Boards, to keep up-to-date and publicly accessible national registers of registered health practitioners for each health profession;\n- (g) in conjunction with the National Boards, to keep up-to-date national registers of students for each health profession;\n- (h) to keep an up-to-date and publicly accessible list of approved programs of study for each health profession;\n- (i) to establish an efficient procedure for receiving and dealing with notifications against persons who are or were registered health practitioners and persons who are students, including by establishing a national process for receiving notifications about registered health practitioners in all professions;\n- (j) to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme;\n- (k) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the administration of the national registration and accreditation scheme;\n- (ka) to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;\n- (l) any other function given to the National Agency by or under this Law.","sortOrder":120},{"sectionNumber":"sec.26-oc.2","sectionType":"section","heading":"Health profession agreements","content":"### sec.26-oc.2 Health profession agreements\n\nThe National Agency must enter into an agreement (a health profession agreement ) with a National Board that makes provision for the following—\nthe fees that will be payable under this Law by health practitioners and others in respect of a health profession for which the Board is established (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment);\nthe annual budget of the National Board (including the funding arrangements for its committees and accreditation authorities);\nthe services to be provided to the National Board by the National Agency to enable the National Board to carry out its functions under this Law.\nIf the National Agency and a National Board are unable to agree on a matter relating to a health profession agreement or a proposed health profession agreement, the Ministerial Council may give directions to the National Agency and National Board about how the dispute is to be resolved.\nEach National Board must publish on its website the fees for which provision has been made in a health profession agreement between the Board and the National Agency.\nsch s 26 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.26-oc.2-ssec.1) The National Agency must enter into an agreement (a health profession agreement ) with a National Board that makes provision for the following— the fees that will be payable under this Law by health practitioners and others in respect of a health profession for which the Board is established (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment); the annual budget of the National Board (including the funding arrangements for its committees and accreditation authorities); the services to be provided to the National Board by the National Agency to enable the National Board to carry out its functions under this Law.\n(sec.26-oc.2-ssec.2) If the National Agency and a National Board are unable to agree on a matter relating to a health profession agreement or a proposed health profession agreement, the Ministerial Council may give directions to the National Agency and National Board about how the dispute is to be resolved.\n(sec.26-oc.2-ssec.3) Each National Board must publish on its website the fees for which provision has been made in a health profession agreement between the Board and the National Agency.\n- (a) the fees that will be payable under this Law by health practitioners and others in respect of a health profession for which the Board is established (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment);\n- (b) the annual budget of the National Board (including the funding arrangements for its committees and accreditation authorities);\n- (c) the services to be provided to the National Board by the National Agency to enable the National Board to carry out its functions under this Law.","sortOrder":121},{"sectionNumber":"sec.27-oc.2","sectionType":"section","heading":"Co-operation with participating jurisdictions and Commonwealth","content":"### sec.27-oc.2 Co-operation with participating jurisdictions and Commonwealth\n\nThe National Agency may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—\na government agency of a participating jurisdiction or of the Commonwealth;\na local registration authority;\na co-regulatory authority;\na health complaints entity;\nan educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.\nIn particular, the National Agency may—\nask an entity referred to in subsection (1) for information that the Agency requires to exercise its functions under this Law; and\nuse the information to exercise its functions under this Law.\nAn entity referred to in subsection (1) that receives a request for information from the National Agency is authorised to give the information to the National Agency.\n(sec.27-oc.2-ssec.1) The National Agency may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following— a government agency of a participating jurisdiction or of the Commonwealth; a local registration authority; a co-regulatory authority; a health complaints entity; an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.\n(sec.27-oc.2-ssec.2) In particular, the National Agency may— ask an entity referred to in subsection (1) for information that the Agency requires to exercise its functions under this Law; and use the information to exercise its functions under this Law.\n(sec.27-oc.2-ssec.3) An entity referred to in subsection (1) that receives a request for information from the National Agency is authorised to give the information to the National Agency.\n- (a) a government agency of a participating jurisdiction or of the Commonwealth;\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 of a participating jurisdiction or the Commonwealth.\n- (a) ask an entity referred to in subsection (1) for information that the Agency requires to exercise its functions under this Law; and\n- (b) use the information to exercise its functions under this Law.","sortOrder":122},{"sectionNumber":"sec.28-oc.2","sectionType":"section","heading":"Office of National Agency","content":"### sec.28-oc.2 Office of National Agency\n\nThe National Agency is to establish a national office.\nThe National Agency is also to establish at least one local office in each participating jurisdiction.\n(sec.28-oc.2-ssec.1) The National Agency is to establish a national office.\n(sec.28-oc.2-ssec.2) The National Agency is also to establish at least one local office in each participating jurisdiction.","sortOrder":123},{"sectionNumber":"sch-inc-pt.4-div.2","sectionType":"division","heading":"Agency Board","content":"## Agency Board","sortOrder":124},{"sectionNumber":"sec.29-oc.2","sectionType":"section","heading":"Agency Board","content":"### sec.29-oc.2 Agency Board\n\nThe Australian Health Practitioner Regulation Agency Board is established.\nThe Agency Board is to consist of at least 5 members appointed by the Ministerial Council.\nOf the members—\none is to be a person appointed by the Ministerial Council as Chairperson, being a person who—\nis not a registered health practitioner; and\nhas not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and\nat least 2 others are to be persons who have expertise in health, or education and training, or both; and\nat least 2 others are to be persons who are not current or former registered health practitioners and who have business or administrative expertise.\nSchedule 2 sets out provisions relating to the Agency Board.\nsch s 29 amd 2022 No. 22 s 45\n(sec.29-oc.2-ssec.1) The Australian Health Practitioner Regulation Agency Board is established.\n(sec.29-oc.2-ssec.2) The Agency Board is to consist of at least 5 members appointed by the Ministerial Council.\n(sec.29-oc.2-ssec.3) Of the members— one is to be a person appointed by the Ministerial Council as Chairperson, being a person who— is not a registered health practitioner; and has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and at least 2 others are to be persons who have expertise in health, or education and training, or both; and at least 2 others are to be persons who are not current or former registered health practitioners and who have business or administrative expertise.\n(sec.29-oc.2-ssec.4) Schedule 2 sets out provisions relating to the Agency Board.\n- (a) one is to be a person appointed by the Ministerial Council as Chairperson, being a person who— (i) is not a registered health practitioner; and (ii) has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and\n- (i) is not a registered health practitioner; and\n- (ii) has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and\n- (b) at least 2 others are to be persons who have expertise in health, or education and training, or both; and\n- (c) at least 2 others are to be persons who are not current or former registered health practitioners and who have business or administrative expertise.\n- (i) is not a registered health practitioner; and\n- (ii) has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and","sortOrder":125},{"sectionNumber":"sec.30-oc.2","sectionType":"section","heading":"Functions of Agency Board","content":"### sec.30-oc.2 Functions of Agency Board\n\nThe functions of the Agency Board are as follows—\nsubject to any directions of the Ministerial Council, to decide the policies of the National Agency;\nto ensure that the National Agency performs its functions in a proper, effective and efficient way;\nany other function given to the Board by or under this Law.\nThe affairs of the National Agency are to be controlled by the Agency Board and all acts and things done in the name of, or on behalf of, the National Agency by or with the authority of the Agency Board are taken to have been done by the National Agency.\nsch s 30 amd 2022 No. 22 s 46\n(sec.30-oc.2-ssec.1) The functions of the Agency Board are as follows— subject to any directions of the Ministerial Council, to decide the policies of the National Agency; to ensure that the National Agency performs its functions in a proper, effective and efficient way; any other function given to the Board by or under this Law.\n(sec.30-oc.2-ssec.2) The affairs of the National Agency are to be controlled by the Agency Board and all acts and things done in the name of, or on behalf of, the National Agency by or with the authority of the Agency Board are taken to have been done by the National Agency.\n- (a) subject to any directions of the Ministerial Council, to decide the policies of the National Agency;\n- (b) to ensure that the National Agency performs its functions in a proper, effective and efficient way;\n- (c) any other function given to the Board by or under this Law.","sortOrder":126},{"sectionNumber":"sch-inc-pt.5","sectionType":"part","heading":"National Boards","content":"# National Boards","sortOrder":127},{"sectionNumber":"sch-inc-pt.5-div.1","sectionType":"division","heading":"National Boards","content":"## National Boards","sortOrder":128},{"sectionNumber":"sec.31-oc.2","sectionType":"section","heading":"Regulations must provide for National Boards","content":"### sec.31-oc.2 Regulations must provide for National Boards\n\nThe regulations must provide for a National Health Practitioner Board for each health profession.\nThe regulations may—\ncontinue an existing Board for a health profession; or\nestablish a Board for a health profession or for 2 or more health professions; or\ndissolve a Board for a health profession (the dissolved Board ) if another Board is established for that health profession (the replacement Board ).\nThe regulations may provide for anything for which it is necessary or convenient to make provision to allow, facilitate or provide for the following—\nthe continuation, establishment or dissolution of a Board under subsection (2) ;\nthe completion of a matter started by the existing Board before the commencement;\nthe effect of anything done by an existing Board before the commencement;\nthe transfer of matters from a dissolved Board to a replacement Board.\nBefore a regulation is made under subsection (2) (b) or (c) , the Ministers comprising the Ministerial Council must undertake public consultation on the proposed regulation.\nHowever, failure to comply with subsection (4) does not affect the validity of the regulation.\nIn this section—\nexisting Board means a National Health Practitioner Board in existence immediately before the commencement.\nsch s 31 sub 2017 No. 32 s 5\n(sec.31-oc.2-ssec.1) The regulations must provide for a National Health Practitioner Board for each health profession.\n(sec.31-oc.2-ssec.2) The regulations may— continue an existing Board for a health profession; or establish a Board for a health profession or for 2 or more health professions; or dissolve a Board for a health profession (the dissolved Board ) if another Board is established for that health profession (the replacement Board ).\n(sec.31-oc.2-ssec.3) The regulations may provide for anything for which it is necessary or convenient to make provision to allow, facilitate or provide for the following— the continuation, establishment or dissolution of a Board under subsection (2) ; the completion of a matter started by the existing Board before the commencement; the effect of anything done by an existing Board before the commencement; the transfer of matters from a dissolved Board to a replacement Board.\n(sec.31-oc.2-ssec.4) Before a regulation is made under subsection (2) (b) or (c) , the Ministers comprising the Ministerial Council must undertake public consultation on the proposed regulation.\n(sec.31-oc.2-ssec.5) However, failure to comply with subsection (4) does not affect the validity of the regulation.\n(sec.31-oc.2-ssec.6) In this section— existing Board means a National Health Practitioner Board in existence immediately before the commencement.\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 professions; or\n- (c) dissolve a Board for a health profession (the dissolved Board ) if another Board is established for that health profession (the replacement Board ).\n- (a) the continuation, establishment or dissolution of a Board under subsection (2) ;\n- (b) the completion of a matter started by the existing Board before the commencement;\n- (c) the effect of anything done by an existing Board before the commencement;\n- (d) the transfer of matters from a dissolved Board to a replacement Board.","sortOrder":129},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Status of National Board","content":"### sec.31A Status of National Board\n\nA National Board—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\nA National Board represents the State.\nsch s 31A ins 2017 No. 32 s 5\n(sec.31A-ssec.1) A National Board— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.\n(sec.31A-ssec.2) A National Board represents the State.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":130},{"sectionNumber":"sec.32-oc.2","sectionType":"section","heading":"Powers of National Board","content":"### sec.32-oc.2 Powers of National Board\n\nSubject to subsection (2) , a National Board has the powers necessary to enable it to exercise its functions.\nA National Board does not have power to—\nenter into contracts; or\nemploy staff; or\nacquire, hold, dispose of, and deal with, real property.\nThe National Board may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—\na government agency of a participating jurisdiction or of the Commonwealth;\na local registration authority;\na co-regulatory authority;\na health complaints entity;\nan educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.\nIn particular, the National Board may—\nask an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and\nuse the information to exercise its functions under this Law.\nAn entity referred to in subsection (3) that receives a request for information from the National Board is authorised to give the information to the National Board.\n(sec.32-oc.2-ssec.1) Subject to subsection (2) , a National Board has the powers necessary to enable it to exercise its functions.\n(sec.32-oc.2-ssec.2) A National Board does not have power to— enter into contracts; or employ staff; or acquire, hold, dispose of, and deal with, real property.\n(sec.32-oc.2-ssec.3) The National Board may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following— a government agency of a participating jurisdiction or of the Commonwealth; a local registration authority; a co-regulatory authority; a health complaints entity; an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.\n(sec.32-oc.2-ssec.4) In particular, the National Board may— ask an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and use the information to exercise its functions under this Law.\n(sec.32-oc.2-ssec.5) An entity referred to in subsection (3) that receives a request for information from the National Board is authorised to give the information to the National Board.\n- (a) enter into contracts; or\n- (b) employ staff; or\n- (c) acquire, hold, dispose of, and deal with, real property.\n- (a) a government agency of a participating jurisdiction or of the Commonwealth;\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 of a participating jurisdiction or the Commonwealth.\n- (a) ask an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and\n- (b) use the information to exercise its functions under this Law.","sortOrder":131},{"sectionNumber":"sec.33-oc.2","sectionType":"section","heading":"Membership of National Boards","content":"### sec.33-oc.2 Membership of National Boards\n\nA National Board is to consist of members appointed in writing by the Ministerial Council.\nMembers of a National Board are to be appointed as practitioner members or community members.\nSubject to this section, the Ministerial Council may decide the size and composition of a National Board.\nAt least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members.\nThe practitioner members of a National Board must consist of—\nat least one member from each large participating jurisdiction; and\nat least one member from a small participating jurisdiction.\nif the National Board is established for 2 or more health professions—at least one member of each health profession for which the Board is established.\nAt least 2 of the members of a National Board must be persons appointed as community members.\nAt least one of the members of a National Board must live in a regional or rural area.\nA person cannot be appointed as a member of a National Board if the person is a member of the Agency Board.\nOne of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council.\nThe regulations may prescribe matters relating to the composition of practitioner members for a National Board established for 2 or more health professions.\nSchedule 4 sets out provisions relating to a National Board.\nIn this section—\nlarge participating jurisdiction means any of the following States that is a participating jurisdiction—\nNew South Wales;\nQueensland;\nSouth Australia;\nVictoria;\nWestern Australia.\nsmall participating jurisdiction means any of the following States or Territories that is a participating jurisdiction—\nthe Australian Capital Territory;\nthe Northern Territory;\nTasmania.\nsch s 33 amd 2017 No. 32 s 6 ; 2022 No. 22 s 47\n(sec.33-oc.2-ssec.1) A National Board is to consist of members appointed in writing by the Ministerial Council.\n(sec.33-oc.2-ssec.2) Members of a National Board are to be appointed as practitioner members or community members.\n(sec.33-oc.2-ssec.3) Subject to this section, the Ministerial Council may decide the size and composition of a National Board.\n(sec.33-oc.2-ssec.4) At least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members.\n(sec.33-oc.2-ssec.5) The practitioner members of a National Board must consist of— at least one member from each large participating jurisdiction; and at least one member from a small participating jurisdiction. if the National Board is established for 2 or more health professions—at least one member of each health profession for which the Board is established.\n(sec.33-oc.2-ssec.6) At least 2 of the members of a National Board must be persons appointed as community members.\n(sec.33-oc.2-ssec.7) At least one of the members of a National Board must live in a regional or rural area.\n(sec.33-oc.2-ssec.8) A person cannot be appointed as a member of a National Board if the person is a member of the Agency Board.\n(sec.33-oc.2-ssec.9) One of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council.\n(sec.33-oc.2-ssec.9A) The regulations may prescribe matters relating to the composition of practitioner members for a National Board established for 2 or more health professions.\n(sec.33-oc.2-ssec.10) Schedule 4 sets out provisions relating to a National Board.\n(sec.33-oc.2-ssec.11) In this section— large participating jurisdiction means any of the following States that is a participating jurisdiction— New South Wales; Queensland; South Australia; Victoria; Western Australia. small participating jurisdiction means any of the following States or Territories that is a participating jurisdiction— the Australian Capital Territory; the Northern Territory; Tasmania.\n- (a) at least one member from each large participating jurisdiction; and\n- (b) at least one member from a small participating jurisdiction.\n- (c) if the National Board is established for 2 or more health professions—at least one member of each health profession for which the Board is established.\n- (a) New South Wales;\n- (b) Queensland;\n- (c) South Australia;\n- (d) Victoria;\n- (e) Western Australia.\n- (a) the Australian Capital Territory;\n- (b) the Northern Territory;\n- (c) Tasmania.","sortOrder":132},{"sectionNumber":"sec.34-oc.2","sectionType":"section","heading":"Eligibility for appointment","content":"### sec.34-oc.2 Eligibility for appointment\n\nIn deciding whether to appoint a person as a member of a National Board, the Ministerial Council is to have regard to the skills and experience of the person that are relevant to the Board’s functions.\nA person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in a health profession for which the Board is established.\nA person is eligible to be appointed as a community member only if the person is not, and has not at any time been, a health practitioner in a health profession for which the Board is established.\nA person is not eligible to be appointed as a member of a National Board if—\nin the case of appointment as a practitioner member—the person has, whether before or after the commencement of this Law, as a result of the person’s misconduct, impairment or incompetence, ceased to be registered as a health practitioner in a health profession for which the Board is established; or\nin any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member.\nsch s 34 amd 2017 No. 32 s 7\n(sec.34-oc.2-ssec.1) In deciding whether to appoint a person as a member of a National Board, the Ministerial Council is to have regard to the skills and experience of the person that are relevant to the Board’s functions.\n(sec.34-oc.2-ssec.2) A person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in a health profession for which the Board is established.\n(sec.34-oc.2-ssec.3) A person is eligible to be appointed as a community member only if the person is not, and has not at any time been, a health practitioner in a health profession for which the Board is established.\n(sec.34-oc.2-ssec.4) A person is not eligible to be appointed as a member of a National Board if— in the case of appointment as a practitioner member—the person has, whether before or after the commencement of this Law, as a result of the person’s misconduct, impairment or incompetence, ceased to be registered as a health practitioner in a health profession for which the Board is established; or in any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member.\n- (a) in the case of appointment as a practitioner member—the person has, whether before or after the commencement of this Law, as a result of the person’s misconduct, impairment or incompetence, ceased to be registered as a health practitioner in a health profession for which the Board is established; or\n- (b) in any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member.","sortOrder":133},{"sectionNumber":"sch-inc-pt.5-div.2","sectionType":"division","heading":"Functions of National Boards","content":"## Functions of National Boards","sortOrder":134},{"sectionNumber":"sec.35-oc.2","sectionType":"section","heading":"Functions of National Boards","content":"### sec.35-oc.2 Functions of National Boards\n\nThe functions of a National Board established for a health profession are as follows—\nto register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession;\nto decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession;\nto develop or approve standards, codes and guidelines for the health profession, including—\nthe approval of accreditation standards developed and submitted to it by an accreditation authority; and\nthe development of registration standards for approval by the Ministerial Council; and\nthe development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession;\nto approve accredited programs of study as providing qualifications for registration or endorsement in the health profession;\nto oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia;\nto negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement;\nto oversee the receipt, assessment and investigation of notifications about persons who—\nare or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or\nare students in the health profession;\nto establish panels to conduct hearings about—\nhealth and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and\nhealth matters in relation to students registered by the Board;\nto refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions;\nto oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students;\nto make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession;\nin conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession;\nin conjunction with the National Agency, to keep an up-to-date national register of students for the health profession;\nat the Board’s discretion, to provide financial or other support for health programs for registered health practitioners and students;\nto give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession;\nif asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme;\nto do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;\nany other function given to the Board by or under this Law.\nFor the purposes of subsection (1) (g) -(j), the Board’s functions do not include receiving notifications and taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction.\nsch s 35 amd 2022 No. 22 s 118\n(sec.35-oc.2-ssec.1) The functions of a National Board established for a health profession are as follows— to register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession; to decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession; to develop or approve standards, codes and guidelines for the health profession, including— the approval of accreditation standards developed and submitted to it by an accreditation authority; and the development of registration standards for approval by the Ministerial Council; and the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession; to approve accredited programs of study as providing qualifications for registration or endorsement in the health profession; to oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia; to negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement; to oversee the receipt, assessment and investigation of notifications about persons who— are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or are students in the health profession; to establish panels to conduct hearings about— health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and health matters in relation to students registered by the Board; to refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions; to oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students; to make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession; in conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession; in conjunction with the National Agency, to keep an up-to-date national register of students for the health profession; at the Board’s discretion, to provide financial or other support for health programs for registered health practitioners and students; to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession; if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme; to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme; any other function given to the Board by or under this Law.\n(sec.35-oc.2-ssec.2) For the purposes of subsection (1) (g) -(j), the Board’s functions do not include receiving notifications and taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction.\n- (a) to register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession;\n- (b) to decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession;\n- (c) to develop or approve standards, codes and guidelines for the health profession, including— (i) the approval of accreditation standards developed and submitted to it by an accreditation authority; and (ii) the development of registration standards for approval by the Ministerial Council; and (iii) the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession;\n- (i) the approval of accreditation standards developed and submitted to it by an accreditation authority; and\n- (ii) the development of registration standards for approval by the Ministerial Council; and\n- (iii) the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession;\n- (d) to approve accredited programs of study as providing qualifications for registration or endorsement in the health profession;\n- (e) to oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia;\n- (f) to negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement;\n- (g) to oversee the receipt, assessment and investigation of notifications about persons who— (i) are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or (ii) are students in the health profession;\n- (i) are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or\n- (ii) are students in the health profession;\n- (h) to establish panels to conduct hearings about— (i) health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and (ii) health matters in relation to students registered by the Board;\n- (i) health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and\n- (ii) health matters in relation to students registered by the Board;\n- (i) to refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions;\n- (j) to oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students;\n- (k) to make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession;\n- (l) in conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession;\n- (m) in conjunction with the National Agency, to keep an up-to-date national register of students for the health profession;\n- (n) at the Board’s discretion, to provide financial or other support for health programs for registered health practitioners and students;\n- (o) to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession;\n- (p) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme;\n- (q) to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;\n- (r) any other function given to the Board by or under this Law.\n- (i) the approval of accreditation standards developed and submitted to it by an accreditation authority; and\n- (ii) the development of registration standards for approval by the Ministerial Council; and\n- (iii) the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession;\n- (i) are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or\n- (ii) are students in the health profession;\n- (i) health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and\n- (ii) health matters in relation to students registered by the Board;","sortOrder":135},{"sectionNumber":"sec.36-oc.2","sectionType":"section","heading":"State and Territory Boards","content":"### sec.36-oc.2 State and Territory Boards\n\nA National Board may establish a committee (a State or Territory Board ) for a participating jurisdiction to enable the Board to exercise its functions in the jurisdiction in a way that provides an effective and timely local response to health practitioners and other persons in the jurisdiction.\nA State or Territory Board is to be known as the “[Name of participating jurisdiction for which it is established] Board” of the National Board.\nThe members of a State or Territory Board are to be appointed by the responsible Minister for the participating jurisdiction.\nThe Pharmacy Board of Australia decides to establish a State or Territory Board for New South Wales. The State or Territory Board will be known as the New South Wales Board of the Pharmacy Board of Australia. The members of the State or Territory Board will be appointed by the responsible Minister for New South Wales.\nThe Podiatry Board of Australia decides to establish a State or Territory Board for Queensland and the Northern Territory. The State or Territory Board will be known as the Queensland and Northern Territory Board of the Podiatry Board of Australia. The members of the State or Territory Board will be appointed jointly by the responsible Ministers for Queensland and the Northern Territory.\nIn deciding whether to appoint a person as a member of a State or Territory Board, the responsible Minister is to have regard to the skills and experience of the person that are relevant to the Board’s functions.\nAt least half, but not more than two-thirds, of the members of a State or Territory Board must be persons appointed as practitioner members.\nAt least 2 of the members of a State or Territory Board must be persons appointed as community members.\nSee section 299 which provides that subsections (5) and (6) do not apply to a State or Territory Board for a jurisdiction for the first 12 months after the jurisdiction becomes a participating jurisdiction.\nBefore a responsible Minister appoints a member of a State or Territory Board the vacancy to be filled is to be publicly advertised.\nThe National Agency may assist a responsible Minister in the process of appointing members of a State or Territory Board, including in the advertising of vacancies.\nIt is not necessary to advertise a vacancy in the membership of a State or Territory Board before appointing a person to act in the office of a member.\nThe general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a State or Territory Board.\nThis section does not limit clause 11 of Schedule 4 .\nClause 11 of Schedule 4 confers power for the establishment of other committees.\n(sec.36-oc.2-ssec.1) A National Board may establish a committee (a State or Territory Board ) for a participating jurisdiction to enable the Board to exercise its functions in the jurisdiction in a way that provides an effective and timely local response to health practitioners and other persons in the jurisdiction.\n(sec.36-oc.2-ssec.2) A State or Territory Board is to be known as the “[Name of participating jurisdiction for which it is established] Board” of the National Board.\n(sec.36-oc.2-ssec.3) The members of a State or Territory Board are to be appointed by the responsible Minister for the participating jurisdiction. The Pharmacy Board of Australia decides to establish a State or Territory Board for New South Wales. The State or Territory Board will be known as the New South Wales Board of the Pharmacy Board of Australia. The members of the State or Territory Board will be appointed by the responsible Minister for New South Wales. The Podiatry Board of Australia decides to establish a State or Territory Board for Queensland and the Northern Territory. The State or Territory Board will be known as the Queensland and Northern Territory Board of the Podiatry Board of Australia. The members of the State or Territory Board will be appointed jointly by the responsible Ministers for Queensland and the Northern Territory.\n(sec.36-oc.2-ssec.4) In deciding whether to appoint a person as a member of a State or Territory Board, the responsible Minister is to have regard to the skills and experience of the person that are relevant to the Board’s functions.\n(sec.36-oc.2-ssec.5) At least half, but not more than two-thirds, of the members of a State or Territory Board must be persons appointed as practitioner members.\n(sec.36-oc.2-ssec.6) At least 2 of the members of a State or Territory Board must be persons appointed as community members. See section 299 which provides that subsections (5) and (6) do not apply to a State or Territory Board for a jurisdiction for the first 12 months after the jurisdiction becomes a participating jurisdiction.\n(sec.36-oc.2-ssec.7) Before a responsible Minister appoints a member of a State or Territory Board the vacancy to be filled is to be publicly advertised.\n(sec.36-oc.2-ssec.8) The National Agency may assist a responsible Minister in the process of appointing members of a State or Territory Board, including in the advertising of vacancies.\n(sec.36-oc.2-ssec.9) It is not necessary to advertise a vacancy in the membership of a State or Territory Board before appointing a person to act in the office of a member. The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a State or Territory Board.\n(sec.36-oc.2-ssec.10) This section does not limit clause 11 of Schedule 4 . Clause 11 of Schedule 4 confers power for the establishment of other committees.\n- (a) The Pharmacy Board of Australia decides to establish a State or Territory Board for New South Wales. The State or Territory Board will be known as the New South Wales Board of the Pharmacy Board of Australia. The members of the State or Territory Board will be appointed by the responsible Minister for New South Wales.\n- (b) The Podiatry Board of Australia decides to establish a State or Territory Board for Queensland and the Northern Territory. The State or Territory Board will be known as the Queensland and Northern Territory Board of the Podiatry Board of Australia. The members of the State or Territory Board will be appointed jointly by the responsible Ministers for Queensland and the Northern Territory.","sortOrder":136},{"sectionNumber":"sec.37-oc.2","sectionType":"section","heading":"Delegation of functions","content":"### sec.37-oc.2 Delegation of functions\n\nA National Board may delegate any of its functions, other than this power of delegation, to—\na committee; or\nthe National Agency; or\na member of the staff of the National Agency; or\na person engaged as a contractor by the National Agency.\nThe National Agency may subdelegate any function delegated to the National Agency by a National Board to a member of the staff of the National Agency.\n(sec.37-oc.2-ssec.1) A National Board may delegate any of its functions, other than this power of delegation, to— a committee; or the National Agency; or a member of the staff of the National Agency; or a person engaged as a contractor by the National Agency.\n(sec.37-oc.2-ssec.2) The National Agency may subdelegate any function delegated to the National Agency by a National Board to a member of the staff of the National Agency.\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.","sortOrder":137},{"sectionNumber":"sch-inc-pt.5-div.3","sectionType":"division","heading":"Registration standards and codes and guidelines","content":"## Registration standards and codes and guidelines","sortOrder":138},{"sectionNumber":"sec.38-oc.2","sectionType":"section","heading":"National board must develop registration standards","content":"### sec.38-oc.2 National board must develop registration standards\n\nA National Board must develop and recommend to the Ministerial Council one or more registration standards about the following matters for a health profession for which the Board is established—\nrequirements for professional indemnity insurance arrangements for registered health practitioners registered in the profession;\nmatters about the criminal history of applicants for registration in the profession, and registered health practitioners and students registered in a health profession for which the Board is established, including, the matters to be considered in deciding whether an individual’s criminal history is relevant to the practice of the profession;\nrequirements for continuing professional development for registered health practitioners registered in the profession;\nrequirements about the English language skills necessary for an applicant for registration in the profession to be suitable for registration in the profession;\nrequirements in relation to the nature, extent, period and recency of any previous practice of the profession by applicants for registration in the profession.\nSubject to subsection (3) , a National Board may also develop, and recommend to the Ministerial Council, one or more registration standards about the following—\nthe physical and mental health of—\napplicants for registration in the profession; and\nregistered health practitioners and students;\nthe scope of practice of health practitioners registered in the profession;\nany other issue relevant to the eligibility of individuals for registration in the profession or the suitability of individuals to competently and safely practise the profession.\nA registration standard may not be about a matter for which an accreditation standard may provide.\nAn accreditation standard for a health profession is used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession. Accreditation standards are developed and approved under Division 3 of Part 6 .\nsch s 38 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.38-oc.2-ssec.1) A National Board must develop and recommend to the Ministerial Council one or more registration standards about the following matters for a health profession for which the Board is established— requirements for professional indemnity insurance arrangements for registered health practitioners registered in the profession; matters about the criminal history of applicants for registration in the profession, and registered health practitioners and students registered in a health profession for which the Board is established, including, the matters to be considered in deciding whether an individual’s criminal history is relevant to the practice of the profession; requirements for continuing professional development for registered health practitioners registered in the profession; requirements about the English language skills necessary for an applicant for registration in the profession to be suitable for registration in the profession; requirements in relation to the nature, extent, period and recency of any previous practice of the profession by applicants for registration in the profession.\n(sec.38-oc.2-ssec.2) Subject to subsection (3) , a National Board may also develop, and recommend to the Ministerial Council, one or more registration standards about the following— the physical and mental health of— applicants for registration in the profession; and registered health practitioners and students; the scope of practice of health practitioners registered in the profession; any other issue relevant to the eligibility of individuals for registration in the profession or the suitability of individuals to competently and safely practise the profession.\n(sec.38-oc.2-ssec.3) A registration standard may not be about a matter for which an accreditation standard may provide. An accreditation standard for a health profession is used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession. Accreditation standards are developed and approved under Division 3 of Part 6 .\n- (a) requirements for professional indemnity insurance arrangements for registered health practitioners registered in the profession;\n- (b) matters about the criminal history of applicants for registration in the profession, and registered health practitioners and students registered in a health profession for which the Board is established, including, the matters to be considered in deciding whether an individual’s criminal history is relevant to the practice of the profession;\n- (c) requirements for continuing professional development for registered health practitioners registered in the profession;\n- (d) requirements about the English language skills necessary for an applicant for registration in the profession to be suitable for registration in the profession;\n- (e) requirements in relation to the nature, extent, period and recency of any previous practice of the profession by applicants for registration in the profession.\n- (a) the physical and mental health of— (i) applicants for registration in the profession; and (ii) registered health practitioners and students;\n- (i) applicants for registration in the profession; and\n- (ii) registered health practitioners and students;\n- (b) the scope of practice of health practitioners registered in the profession;\n- (c) any other issue relevant to the eligibility of individuals for registration in the profession or the suitability of individuals to competently and safely practise the profession.\n- (i) applicants for registration in the profession; and\n- (ii) registered health practitioners and students;","sortOrder":139},{"sectionNumber":"sec.39-oc.2","sectionType":"section","heading":"Codes and guidelines","content":"### sec.39-oc.2 Codes and guidelines\n\nA National Board may develop and approve codes and guidelines—\nto provide guidance to the health practitioners it registers; and\nabout other matters relevant to the exercise of its functions.\nA National Board may develop guidelines about the advertising of regulated health services by health practitioners registered by the Board or other persons for the purposes of section 133 .\nTo assist a health practitioner in providing practice information under section 132 , a National Board may develop guidelines about the information that must be provided to the Board.\nsch s 39 amd 2017 No. 32 s 8\n- (a) to provide guidance to the health practitioners it registers; and\n- (b) about other matters relevant to the exercise of its functions.\n- 1 A National Board may develop guidelines about the advertising of regulated health services by health practitioners registered by the Board or other persons for the purposes of section 133 .\n- 2 To assist a health practitioner in providing practice information under section 132 , a National Board may develop guidelines about the information that must be provided to the Board.","sortOrder":140},{"sectionNumber":"sec.40-oc.2","sectionType":"section","heading":"Consultation about registration standards, codes and guidelines","content":"### sec.40-oc.2 Consultation about registration standards, codes and guidelines\n\nIf a National Board develops a registration standard or a code or guideline, it must ensure there is wide-ranging consultation about its content.\nA contravention of subsection (1) does not invalidate a registration standard, code or guideline.\nThe following must be published on a National Board’s website—\na registration standard developed by the Board and approved by the Ministerial Council;\na code or guideline approved by the National Board.\nAn approved registration standard or a code or guideline takes effect—\non the day it is published on the National Board’s website; or\nif a later day is stated in the registration standard, code or guideline, on that day.\n(sec.40-oc.2-ssec.1) If a National Board develops a registration standard or a code or guideline, it must ensure there is wide-ranging consultation about its content.\n(sec.40-oc.2-ssec.2) A contravention of subsection (1) does not invalidate a registration standard, code or guideline.\n(sec.40-oc.2-ssec.3) The following must be published on a National Board’s website— a registration standard developed by the Board and approved by the Ministerial Council; a code or guideline approved by the National Board.\n(sec.40-oc.2-ssec.4) An approved registration standard or a code or guideline takes effect— on the day it is published on the National Board’s website; or if a later day is stated in the registration standard, code or guideline, on that day.\n- (a) a registration standard developed by the Board and approved by the Ministerial Council;\n- (b) a code or guideline approved by the National Board.\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 guideline, on that day.","sortOrder":141},{"sectionNumber":"sec.41-oc.2","sectionType":"section","heading":"Use of registration standards, codes or guidelines in disciplinary proceedings","content":"### sec.41-oc.2 Use of registration standards, codes or guidelines in disciplinary proceedings\n\nAn approved registration standard for a health profession, or a code or guideline approved by a National Board, is admissible in proceedings under this Law or a law of a co-regulatory jurisdiction against a health practitioner registered in a health profession for which the Board is established as evidence of what constitutes appropriate professional conduct or practice for the health profession.\nsch s 41 amd 2017 No. 32 s 87 (1) s ch 1 pt 1","sortOrder":142},{"sectionNumber":"sch-inc-pt.6","sectionType":"part","heading":"Accreditation","content":"# Accreditation","sortOrder":143},{"sectionNumber":"sch-inc-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":144},{"sectionNumber":"sec.42-oc.2","sectionType":"section","heading":"Definition","content":"### sec.42-oc.2 Definition\n\nIn this Part—\naccreditation function means—\ndeveloping accreditation standards for approval by a National Board; or\nassessing programs of study, and the education providers that provide the programs of study, to determine whether the programs meet approved accreditation standards; or\nassessing authorities in other countries who conduct examinations for registration in a health profession, or accredit programs of study relevant to registration in a health profession, to decide whether persons who successfully complete the examinations or programs of study conducted or accredited by the authorities have the knowledge, clinical skills and professional attributes necessary to practise the profession in Australia; or\noverseeing the assessment of the knowledge, clinical skills and professional attributes of overseas qualified health practitioners who are seeking registration in a health profession under this Law and whose qualifications are not approved qualifications for the health profession; or\nmaking recommendations and giving advice to a National Board about a matter referred to in paragraph (a) , (b) , (c) or (d) .\n- (a) developing accreditation standards for approval by a National Board; or\n- (b) assessing programs of study, and the education providers that provide the programs of study, to determine whether the programs meet approved accreditation standards; or\n- (c) assessing authorities in other countries who conduct examinations for registration in a health profession, or accredit programs of study relevant to registration in a health profession, to decide whether persons who successfully complete the examinations or programs of study conducted or accredited by the authorities have the knowledge, clinical skills and professional attributes necessary to practise the profession in Australia; or\n- (d) overseeing the assessment of the knowledge, clinical skills and professional attributes of overseas qualified health practitioners who are seeking registration in a health profession under this Law and whose qualifications are not approved qualifications for the health profession; or\n- (e) making recommendations and giving advice to a National Board about a matter referred to in paragraph (a) , (b) , (c) or (d) .","sortOrder":145},{"sectionNumber":"sch-inc-pt.6-div.2","sectionType":"division","heading":"Accreditation authorities","content":"## Accreditation authorities","sortOrder":146},{"sectionNumber":"sec.43-oc.2","sectionType":"section","heading":"Accreditation authority to be decided","content":"### sec.43-oc.2 Accreditation authority to be decided\n\nThe National Board established for a health profession must decide whether an accreditation function for the health profession for which the Board is established is to be exercised by—\nan external accreditation entity; or\na committee established by the Board.\nSee sections 253 and 301 which provide for the performance of accreditation functions for a health profession by external accreditation authorities appointed by the Ministerial Council for a period after the commencement of this Law.\nThe National Agency may charge an entity the relevant fee for the exercise of an accreditation function by an accreditation committee.\n(sec.43-oc.2-ssec.1) The National Board established for a health profession must decide whether an accreditation function for the health profession for which the Board is established is to be exercised by— an external accreditation entity; or a committee established by the Board. See sections 253 and 301 which provide for the performance of accreditation functions for a health profession by external accreditation authorities appointed by the Ministerial Council for a period after the commencement of this Law.\n(sec.43-oc.2-ssec.2) The National Agency may charge an entity the relevant fee for the exercise of an accreditation function by an accreditation committee.\n- (a) an external accreditation entity; or\n- (b) a committee established by the Board.","sortOrder":147},{"sectionNumber":"sec.44-oc.2","sectionType":"section","heading":"National Agency may enter into contracts with external accreditation entities","content":"### sec.44-oc.2 National Agency may enter into contracts with external accreditation entities\n\nThe National Agency may enter into a contract with an external accreditation entity for the performance by the entity of an accreditation function for a health profession only if the terms of the contract are in accordance with the health profession agreement between the National Agency and the National Board established for that profession.","sortOrder":148},{"sectionNumber":"sec.45-oc.2","sectionType":"section","heading":"Accreditation processes to be published","content":"### sec.45-oc.2 Accreditation processes to be published\n\nEach accreditation authority must publish on its website or, if the authority is an accreditation committee, the website of the National Board that established the committee, how it will exercise its accreditation function.","sortOrder":149},{"sectionNumber":"sch-inc-pt.6-div.3","sectionType":"division","heading":"Accreditation functions","content":"## Accreditation functions","sortOrder":150},{"sectionNumber":"sec.46-oc.2","sectionType":"section","heading":"Development of accreditation standards","content":"### sec.46-oc.2 Development of accreditation standards\n\nAn accreditation standard for a health profession may be developed by—\nan external accreditation entity for the health profession; or\nan accreditation committee established by the National Board established for the health profession.\nIn developing an accreditation standard for a health profession, an accreditation authority must undertake wide-ranging consultation about the content of the standard.\n(sec.46-oc.2-ssec.1) An accreditation standard for a health profession may be developed by— an external accreditation entity for the health profession; or an accreditation committee established by the National Board established for the health profession.\n(sec.46-oc.2-ssec.2) In developing an accreditation standard for a health profession, an accreditation authority must undertake wide-ranging consultation about the content of the standard.\n- (a) an external accreditation entity for the health profession; or\n- (b) an accreditation committee established by the National Board established for the health profession.","sortOrder":151},{"sectionNumber":"sec.47-oc.2","sectionType":"section","heading":"Approval of accreditation standards","content":"### sec.47-oc.2 Approval of accreditation standards\n\nAn accreditation authority must, as soon as practicable after developing an accreditation standard for a health profession, submit it to the National Board established for the health profession.\nAs soon as practicable after a National Board receives an accreditation standard under subsection (1) , the Board must decide to—\napprove the accreditation standard; or\nrefuse to approve the accreditation standard; or\nask the accreditation authority to review the standard.\nIf the National Board decides to approve the accreditation standard it must give written notice of the approval to—\nthe National Agency; and\nthe accreditation authority that submitted the standard to the Board.\nIf the National Board decides to refuse to approve the accreditation standard—\nit must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the standard; and\nthe accreditation authority is entitled to publish any information or advice it gave the Board about the standard.\nIf the National Board decides to ask the accreditation authority to review the standard it must give the authority a written notice that—\nstates that the authority is being asked to review the standard; and\nidentifies the matters the authority is to address before again submitting the standard to the Board.\nAn accreditation standard approved by a National Board must be published on its website.\nAn accreditation standard takes effect—\non the day it is published on the National Board’s website; or\nif a later day is stated in the standard, on that day.\n(sec.47-oc.2-ssec.1) An accreditation authority must, as soon as practicable after developing an accreditation standard for a health profession, submit it to the National Board established for the health profession.\n(sec.47-oc.2-ssec.2) As soon as practicable after a National Board receives an accreditation standard under subsection (1) , the Board must decide to— approve the accreditation standard; or refuse to approve the accreditation standard; or ask the accreditation authority to review the standard.\n(sec.47-oc.2-ssec.3) If the National Board decides to approve the accreditation standard it must give written notice of the approval to— the National Agency; and the accreditation authority that submitted the standard to the Board.\n(sec.47-oc.2-ssec.4) If the National Board decides to refuse to approve the accreditation standard— it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the standard; and the accreditation authority is entitled to publish any information or advice it gave the Board about the standard.\n(sec.47-oc.2-ssec.5) If the National Board decides to ask the accreditation authority to review the standard it must give the authority a written notice that— states that the authority is being asked to review the standard; and identifies the matters the authority is to address before again submitting the standard to the Board.\n(sec.47-oc.2-ssec.6) An accreditation standard approved by a National Board must be published on its website.\n(sec.47-oc.2-ssec.7) An accreditation standard takes effect— on the day it is published on the National Board’s website; or if a later day is stated in the standard, on that day.\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- (a) the National Agency; and\n- (b) the accreditation authority that submitted the standard to the Board.\n- (a) it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the standard; and\n- (b) the accreditation authority is entitled to publish any information or advice it gave the Board about the standard.\n- (a) states that the authority is being asked to review the standard; and\n- (b) identifies the matters the authority is to address before again submitting the standard to the Board.\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.","sortOrder":152},{"sectionNumber":"sec.48-oc.2","sectionType":"section","heading":"Accreditation of programs of study","content":"### sec.48-oc.2 Accreditation of programs of study\n\nAn accreditation authority for a health profession may accredit a program of study if, after assessing the program, the authority is reasonably satisfied—\nthe program of study, and the education provider that provides the program of study, meet an approved accreditation standard for the profession; or\nthe program of study, and the education provider that provides the program of study, substantially meet an approved accreditation standard for the profession and the imposition of conditions on the approval will ensure the program meets the standard within a reasonable time.\nIf the accreditation authority decides to accredit a program of study, with or without conditions, it must give to the National Board established for the health profession a report about the authority’s accreditation of the program.\nIf the accreditation authority decides to refuse to accredit a program of study it must give written notice of the decision to the education provider that provides the program of study.\nThe notice must state—\nthe reasons for the decision; and\nthat, within 30 days after receiving the notice, the education provider may apply to the accreditation authority for an internal review of the decision; and\nhow the education provider may apply for the review.\nAn education provider given a notice under subsection (3) may apply, as stated in the notice, for an internal review of the accreditation authority’s decision to refuse to accredit the program of study.\nThe internal review must not be carried out by a person who assessed the program of study for the accreditation authority.\n(sec.48-oc.2-ssec.1) An accreditation authority for a health profession may accredit a program of study if, after assessing the program, the authority is reasonably satisfied— the program of study, and the education provider that provides the program of study, meet an approved accreditation standard for the profession; or the program of study, and the education provider that provides the program of study, substantially meet an approved accreditation standard for the profession and the imposition of conditions on the approval will ensure the program meets the standard within a reasonable time.\n(sec.48-oc.2-ssec.2) If the accreditation authority decides to accredit a program of study, with or without conditions, it must give to the National Board established for the health profession a report about the authority’s accreditation of the program.\n(sec.48-oc.2-ssec.3) If the accreditation authority decides to refuse to accredit a program of study it must give written notice of the decision to the education provider that provides the program of study.\n(sec.48-oc.2-ssec.4) The notice must state— the reasons for the decision; and that, within 30 days after receiving the notice, the education provider may apply to the accreditation authority for an internal review of the decision; and how the education provider may apply for the review.\n(sec.48-oc.2-ssec.5) An education provider given a notice under subsection (3) may apply, as stated in the notice, for an internal review of the accreditation authority’s decision to refuse to accredit the program of study.\n(sec.48-oc.2-ssec.6) The internal review must not be carried out by a person who assessed the program of study for the accreditation authority.\n- (a) the program of study, and the education provider that provides the program of study, meet an approved accreditation standard for the profession; or\n- (b) the program of study, and the education provider that provides the program of study, substantially meet an approved accreditation standard for the profession and the imposition of conditions on the approval will ensure the program meets the standard within a reasonable time.\n- (a) the reasons for the decision; and\n- (b) that, within 30 days after receiving the notice, the education provider may apply to the accreditation authority for an internal review of the decision; and\n- (c) how the education provider may apply for the review.","sortOrder":153},{"sectionNumber":"sec.49-oc.2","sectionType":"section","heading":"Approval of accredited programs of study","content":"### sec.49-oc.2 Approval of accredited programs of study\n\nIf a National Board is given a report by an accreditation authority about the authority’s accreditation of a program of study, the Board may approve, or refuse to approve, the accredited program of study as providing a qualification for the purposes of registration in a health profession for which the Board is established.\nAn approval under subsection (1) may be granted subject to the conditions the National Board considers necessary or desirable in the circumstances.\nIf the National Board decides to approve the accredited program of study it must give written notice of the approval to—\nthe National Agency for inclusion of the program of study in the list under subsection (5) ; and\nthe accreditation authority that submitted the program to the Board.\nIf the National Board decides to refuse to approve the accredited program of study—\nit must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the program; and\nthe accreditation authority is entitled to publish any information or advice it gave the Board about the program.\nA list of the programs of study approved by a National Board as providing a qualification for registration in a health profession for which the Board is established must be published on the National Agency’s website.\nThe list of approved programs of study published under subsection (5) must include, for each program of study, the name of the university, specialist medical or other college or other education provider that provides the approved program of study.\nAn approval under subsection (1) does not take effect until the program of study is included in the list published under subsection (5) .\nsch s 49 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.49-oc.2-ssec.1) If a National Board is given a report by an accreditation authority about the authority’s accreditation of a program of study, the Board may approve, or refuse to approve, the accredited program of study as providing a qualification for the purposes of registration in a health profession for which the Board is established.\n(sec.49-oc.2-ssec.2) An approval under subsection (1) may be granted subject to the conditions the National Board considers necessary or desirable in the circumstances.\n(sec.49-oc.2-ssec.3) If the National Board decides to approve the accredited program of study it must give written notice of the approval to— the National Agency for inclusion of the program of study in the list under subsection (5) ; and the accreditation authority that submitted the program to the Board.\n(sec.49-oc.2-ssec.4) If the National Board decides to refuse to approve the accredited program of study— it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the program; and the accreditation authority is entitled to publish any information or advice it gave the Board about the program.\n(sec.49-oc.2-ssec.5) A list of the programs of study approved by a National Board as providing a qualification for registration in a health profession for which the Board is established must be published on the National Agency’s website.\n(sec.49-oc.2-ssec.6) The list of approved programs of study published under subsection (5) must include, for each program of study, the name of the university, specialist medical or other college or other education provider that provides the approved program of study.\n(sec.49-oc.2-ssec.7) An approval under subsection (1) does not take effect until the program of study is included in the list published under subsection (5) .\n- (a) the National Agency for inclusion of the program of study in the list under subsection (5) ; and\n- (b) the accreditation authority that submitted the program to the Board.\n- (a) it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the program; and\n- (b) the accreditation authority is entitled to publish any information or advice it gave the Board about the program.","sortOrder":154},{"sectionNumber":"sec.50-oc.2","sectionType":"section","heading":"Accreditation authority to monitor approved programs of study","content":"### sec.50-oc.2 Accreditation authority to monitor approved programs of study\n\nThe accreditation authority that accredited an approved program of study must monitor the program and the education provider that provides the program to ensure the authority continues to be satisfied the program and provider meet an approved accreditation standard for the health profession.\nIf the accreditation authority reasonably believes the program of study and education provider no longer meet an approved accreditation standard for the health profession, the accreditation authority must—\ndecide to—\nimpose the conditions on the accreditation that the accreditation authority considers necessary to ensure the program of study will meet the standard within a reasonable time; or\nrevoke the accreditation of the program of study; and\ngive the National Board that approved the accredited program of study written notice of the accreditation authority’s decision.\n(sec.50-oc.2-ssec.1) The accreditation authority that accredited an approved program of study must monitor the program and the education provider that provides the program to ensure the authority continues to be satisfied the program and provider meet an approved accreditation standard for the health profession.\n(sec.50-oc.2-ssec.2) If the accreditation authority reasonably believes the program of study and education provider no longer meet an approved accreditation standard for the health profession, the accreditation authority must— decide to— impose the conditions on the accreditation that the accreditation authority considers necessary to ensure the program of study will meet the standard within a reasonable time; or revoke the accreditation of the program of study; and give the National Board that approved the accredited program of study written notice of the accreditation authority’s decision.\n- (a) decide to— (i) impose the conditions on the accreditation that the accreditation authority considers necessary to ensure the program of study will meet the standard within a reasonable time; or (ii) revoke the accreditation of the program of study; and\n- (i) impose the conditions on the accreditation that the accreditation authority considers necessary to ensure the program of study will meet the standard within a reasonable time; or\n- (ii) revoke the accreditation of the program of study; and\n- (b) give the National Board that approved the accredited program of study written notice of the accreditation authority’s decision.\n- (i) impose the conditions on the accreditation that the accreditation authority considers necessary to ensure the program of study will meet the standard within a reasonable time; or\n- (ii) revoke the accreditation of the program of study; and","sortOrder":155},{"sectionNumber":"sec.51-oc.2","sectionType":"section","heading":"Changes to approval of program of study","content":"### sec.51-oc.2 Changes to approval of program of study\n\nIf a National Board is given notice under section 50 (2) (b) that an accreditation authority has revoked the accreditation of a program of study approved by the Board, the Board’s approval of the program is taken to have been cancelled at the same time the accreditation was revoked.\nIf a National Board reasonably believes, because of a notice given to the Board under section 50 (2) (b) or for any other reason, that an accredited program of study approved by the Board no longer provides a qualification for the purposes of registration in a health profession for which the Board is established, the Board may decide to—\nimpose the conditions the Board considers necessary or desirable on the approval of the accredited program of study to ensure the program provides a qualification for the purposes of registration; or\ncancel its approval of the accredited program of study.\nIf a National Board makes a decision under subsection (2) , it must give written notice of the decision, including the reasons for the decision, to the accreditation authority that accredited the program.\nsch s 51 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.51-oc.2-ssec.1) If a National Board is given notice under section 50 (2) (b) that an accreditation authority has revoked the accreditation of a program of study approved by the Board, the Board’s approval of the program is taken to have been cancelled at the same time the accreditation was revoked.\n(sec.51-oc.2-ssec.2) If a National Board reasonably believes, because of a notice given to the Board under section 50 (2) (b) or for any other reason, that an accredited program of study approved by the Board no longer provides a qualification for the purposes of registration in a health profession for which the Board is established, the Board may decide to— impose the conditions the Board considers necessary or desirable on the approval of the accredited program of study to ensure the program provides a qualification for the purposes of registration; or cancel its approval of the accredited program of study.\n(sec.51-oc.2-ssec.3) If a National Board makes a decision under subsection (2) , it must give written notice of the decision, including the reasons for the decision, to the accreditation authority that accredited the program.\n- (a) impose the conditions the Board considers necessary or desirable on the approval of the accredited program of study to ensure the program provides a qualification for the purposes of registration; or\n- (b) cancel its approval of the accredited program of study.","sortOrder":156},{"sectionNumber":"sch-inc-pt.7","sectionType":"part","heading":"Registration of health practitioners","content":"# Registration of health practitioners","sortOrder":157},{"sectionNumber":"sch-inc-pt.7-div.1","sectionType":"division","heading":"General registration","content":"## General registration","sortOrder":158},{"sectionNumber":"sec.52-oc.2","sectionType":"section","heading":"Eligibility for general registration","content":"### sec.52-oc.2 Eligibility for general registration\n\nAn individual is eligible for general registration in a health profession if—\nthe individual is qualified for general registration in the health profession; and\nthe individual has successfully completed—\nany period of supervised practice in the health profession required by an approved registration standard for the health profession; or\nany examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the profession; and\nthe individual is a suitable person to hold general registration in the health profession; and\nthe individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and\nthe individual meets any other requirements for registration stated in an approved registration standard for the health profession.\nWithout limiting subsection (1) , the National Board established for the health profession may decide the individual is eligible for general registration in the profession by doing either or both of the following—\nimposing conditions on the registration under section 83 ;\naccepting an undertaking from the individual under section 83A .\nsch s 52 amd 2022 No. 22 s 60\n(sec.52-oc.2-ssec.1) An individual is eligible for general registration in a health profession if— the individual is qualified for general registration in the health profession; and the individual has successfully completed— any period of supervised practice in the health profession required by an approved registration standard for the health profession; or any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the profession; and the individual is a suitable person to hold general registration in the health profession; and the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and the individual meets any other requirements for registration stated in an approved registration standard for the health profession.\n(sec.52-oc.2-ssec.2) Without limiting subsection (1) , the National Board established for the health profession may decide the individual is eligible for general registration in the profession by doing either or both of the following— imposing conditions on the registration under section 83 ; accepting an undertaking from the individual under section 83A .\n- (a) the individual is qualified for general registration in the health profession; and\n- (b) the individual has successfully completed— (i) any period of supervised practice in the health profession required by an approved registration standard for the health profession; or (ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the profession; and\n- (i) any period of supervised practice in the health profession required by an approved registration standard for the health profession; or\n- (ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the profession; and\n- (c) the individual is a suitable person to hold general registration in the health profession; and\n- (d) the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and\n- (e) the individual meets any other requirements for registration stated in an approved registration standard for the health profession.\n- (i) any period of supervised practice in the health profession required by an approved registration standard for the health profession; or\n- (ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the profession; and\n- (a) imposing conditions on the registration under section 83 ;\n- (b) accepting an undertaking from the individual under section 83A .","sortOrder":159},{"sectionNumber":"sec.53-oc.2","sectionType":"section","heading":"Qualifications for general registration","content":"### sec.53-oc.2 Qualifications for general registration\n\nAn individual is qualified for general registration in a health profession if—\nthe individual holds an approved qualification for the health profession; or\nthe individual holds a qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification; or\nthe individual holds a qualification, not referred to in paragraph (a) or (b) , relevant to the health profession and has successfully completed an examination or other assessment required by the National Board for the purpose of general registration in the health profession; or\nthe individual—\nholds a qualification, not referred to in paragraph (a) or (b) , that under this Law or a corresponding prior Act qualified the individual for general registration (however described) in the health profession; and\nwas previously registered under this Law or the corresponding prior Act on the basis of holding that qualification.\n- (a) the individual holds an approved qualification for the health profession; or\n- (b) the individual holds a qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification; or\n- (c) the individual holds a qualification, not referred to in paragraph (a) or (b) , relevant to the health profession and has successfully completed an examination or other assessment required by the National Board for the purpose of general registration in the health profession; or\n- (d) the individual— (i) holds a qualification, not referred to in paragraph (a) or (b) , that under this Law or a corresponding prior Act qualified the individual for general registration (however described) in the health profession; and (ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification.\n- (i) holds a qualification, not referred to in paragraph (a) or (b) , that under this Law or a corresponding prior Act qualified the individual for general registration (however described) in the health profession; and\n- (ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification.\n- (i) holds a qualification, not referred to in paragraph (a) or (b) , that under this Law or a corresponding prior Act qualified the individual for general registration (however described) in the health profession; and\n- (ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification.","sortOrder":160},{"sectionNumber":"sec.54-oc.2","sectionType":"section","heading":"Examination or assessment for general registration","content":"### sec.54-oc.2 Examination or assessment for general registration\n\nFor the purposes of section 52 (1) (b) (ii) , if a National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.","sortOrder":161},{"sectionNumber":"sec.55-oc.2","sectionType":"section","heading":"Unsuitability to hold general registration","content":"### sec.55-oc.2 Unsuitability to hold general registration\n\nA National Board may decide an individual is not a suitable person to hold general registration in a health profession if—\nin the Board’s opinion, the individual has an impairment that would detrimentally affect the individual’s capacity to practise the profession to such an extent that it would or may place the safety of the public at risk; or\nhaving regard to the individual’s criminal history to the extent that is relevant to the individual’s practice of the profession, the individual is not, in the Board’s opinion, an appropriate person to practise the profession or it is not in the public interest for the individual to practise the profession; or\nthe individual has previously been registered under a relevant law and during the period of that registration proceedings under Part 8 , or proceedings that substantially correspond to proceedings under Part 8 , were started against the individual but not finalised; or\nin the Board’s opinion, the individual’s competency in speaking or otherwise communicating in English is not sufficient for the individual to practise the profession; or\nthe individual’s registration (however described) in the health profession in a jurisdiction that is not a participating jurisdiction, whether in Australia or elsewhere, is currently suspended or cancelled on a ground for which an adjudication body could suspend or cancel a health practitioner’s registration in Australia; or\nthe nature, extent, period and recency of any previous practice of the profession is not sufficient to meet the requirements specified in an approved registration standard relevant to general registration in the profession; or\nthe individual fails to meet any other requirement in an approved registration standard for the profession about the suitability of individuals to be registered in the profession or to competently and safely practise the profession; or\nin the Board’s opinion, the individual is for any other reason—\nnot a fit and proper person for general registration in the profession; or\nunable to practise the profession competently and safely.\nIn this section—\nrelevant law means—\nthis Law or a corresponding prior Act; or\nthe law of another jurisdiction, whether in Australia or elsewhere.\n(sec.55-oc.2-ssec.1) A National Board may decide an individual is not a suitable person to hold general registration in a health profession if— in the Board’s opinion, the individual has an impairment that would detrimentally affect the individual’s capacity to practise the profession to such an extent that it would or may place the safety of the public at risk; or having regard to the individual’s criminal history to the extent that is relevant to the individual’s practice of the profession, the individual is not, in the Board’s opinion, an appropriate person to practise the profession or it is not in the public interest for the individual to practise the profession; or the individual has previously been registered under a relevant law and during the period of that registration proceedings under Part 8 , or proceedings that substantially correspond to proceedings under Part 8 , were started against the individual but not finalised; or in the Board’s opinion, the individual’s competency in speaking or otherwise communicating in English is not sufficient for the individual to practise the profession; or the individual’s registration (however described) in the health profession in a jurisdiction that is not a participating jurisdiction, whether in Australia or elsewhere, is currently suspended or cancelled on a ground for which an adjudication body could suspend or cancel a health practitioner’s registration in Australia; or the nature, extent, period and recency of any previous practice of the profession is not sufficient to meet the requirements specified in an approved registration standard relevant to general registration in the profession; or the individual fails to meet any other requirement in an approved registration standard for the profession about the suitability of individuals to be registered in the profession or to competently and safely practise the profession; or in the Board’s opinion, the individual is for any other reason— not a fit and proper person for general registration in the profession; or unable to practise the profession competently and safely.\n(sec.55-oc.2-ssec.2) In this section— relevant law means— this Law or a corresponding prior Act; or the law of another jurisdiction, whether in Australia or elsewhere.\n- (a) in the Board’s opinion, the individual has an impairment that would detrimentally affect the individual’s capacity to practise the profession to such an extent that it would or may place the safety of the public at risk; or\n- (b) having regard to the individual’s criminal history to the extent that is relevant to the individual’s practice of the profession, the individual is not, in the Board’s opinion, an appropriate person to practise the profession or it is not in the public interest for the individual to practise the profession; or\n- (c) the individual has previously been registered under a relevant law and during the period of that registration proceedings under Part 8 , or proceedings that substantially correspond to proceedings under Part 8 , were started against the individual but not finalised; or\n- (d) in the Board’s opinion, the individual’s competency in speaking or otherwise communicating in English is not sufficient for the individual to practise the profession; or\n- (e) the individual’s registration (however described) in the health profession in a jurisdiction that is not a participating jurisdiction, whether in Australia or elsewhere, is currently suspended or cancelled on a ground for which an adjudication body could suspend or cancel a health practitioner’s registration in Australia; or\n- (f) the nature, extent, period and recency of any previous practice of the profession is not sufficient to meet the requirements specified in an approved registration standard relevant to general registration in the profession; or\n- (g) the individual fails to meet any other requirement in an approved registration standard for the profession about the suitability of individuals to be registered in the profession or to competently and safely practise the profession; or\n- (h) in the Board’s opinion, the individual is for any other reason— (i) not a fit and proper person for general registration in the profession; or (ii) unable to practise the profession competently and safely.\n- (i) not a fit and proper person for general registration in the profession; or\n- (ii) unable to practise the profession competently and safely.\n- (i) not a fit and proper person for general registration in the profession; or\n- (ii) unable to practise the profession competently and safely.\n- (a) this Law or a corresponding prior Act; or\n- (b) the law of another jurisdiction, whether in Australia or elsewhere.","sortOrder":162},{"sectionNumber":"sec.56-oc.2","sectionType":"section","heading":"Period of general registration","content":"### sec.56-oc.2 Period of general registration\n\nThe period of registration that is to apply to a health practitioner granted general registration in a health profession is the period (the registration period ), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.\nIf the National Board decides to register a health practitioner in the health profession during a registration period, the registration—\nstarts—\nif the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\notherwise—when the Board makes the decision; and\nexpires at the end of the last day of the registration period.\nsch s 56 amd 2017 No. 32 s 9 ; 2022 No. 22 s 55\n(sec.56-oc.2-ssec.1) The period of registration that is to apply to a health practitioner granted general registration in a health profession is the period (the registration period ), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.\n(sec.56-oc.2-ssec.2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration— starts— if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or otherwise—when the Board makes the decision; and expires at the end of the last day of the registration period.\n- (a) starts— (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or (ii) otherwise—when the Board makes the decision; and\n- (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\n- (ii) otherwise—when the Board makes the decision; and\n- (b) expires at the end of the last day of the registration period.\n- (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\n- (ii) otherwise—when the Board makes the decision; and","sortOrder":163},{"sectionNumber":"sch-inc-pt.7-div.2","sectionType":"division","heading":"Specialist registration","content":"## Specialist registration","sortOrder":164},{"sectionNumber":"sec.57-oc.2","sectionType":"section","heading":"Eligibility for specialist registration","content":"### sec.57-oc.2 Eligibility for specialist registration\n\nAn individual is eligible for specialist registration in a recognised specialty in a health profession if—\nthe individual is qualified for registration in the specialty; and\nthe individual has successfully completed—\nany period of supervised practice in the specialty required by an approved registration standard for the health profession; or\nany examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the specialty; and\nthe individual is a suitable person to hold registration in the health profession; and\nthe individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the specialty; and\nthe individual meets any other requirements for registration stated in an approved registration standard for the specialty.\nWithout limiting subsection (1) , the National Board may decide the individual is eligible for registration in the recognised specialty by doing either or both of the following—\nimposing conditions on the registration under section 83 ;\naccepting an undertaking from the individual under section 83A .\nsch s 57 amd 2022 No. 22 s 61\n(sec.57-oc.2-ssec.1) An individual is eligible for specialist registration in a recognised specialty in a health profession if— the individual is qualified for registration in the specialty; and the individual has successfully completed— any period of supervised practice in the specialty required by an approved registration standard for the health profession; or any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the specialty; and the individual is a suitable person to hold registration in the health profession; and the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the specialty; and the individual meets any other requirements for registration stated in an approved registration standard for the specialty.\n(sec.57-oc.2-ssec.2) Without limiting subsection (1) , the National Board may decide the individual is eligible for registration in the recognised specialty by doing either or both of the following— imposing conditions on the registration under section 83 ; accepting an undertaking from the individual under section 83A .\n- (a) the individual is qualified for registration in the specialty; and\n- (b) the individual has successfully completed— (i) any period of supervised practice in the specialty required by an approved registration standard for the health profession; or (ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the specialty; and\n- (i) any period of supervised practice in the specialty required by an approved registration standard for the health profession; or\n- (ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the specialty; and\n- (c) the individual is a suitable person to hold registration in the health profession; and\n- (d) the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the specialty; and\n- (e) the individual meets any other requirements for registration stated in an approved registration standard for the specialty.\n- (i) any period of supervised practice in the specialty required by an approved registration standard for the health profession; or\n- (ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the specialty; and\n- (a) imposing conditions on the registration under section 83 ;\n- (b) accepting an undertaking from the individual under section 83A .","sortOrder":165},{"sectionNumber":"sec.58","sectionType":"section","heading":"Qualifications for specialist registration","content":"### sec.58 Qualifications for specialist registration\n\nAn individual is qualified for specialist registration in a recognised specialty in a health profession if the individual—\nholds an approved qualification for the specialty; or\nholds another qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification for the specialty; or\nholds a qualification, not referred to in paragraph (a) or (b) , relevant to the specialty and has successfully completed an examination or other assessment required by the National Board for the purpose of registration in the specialty; or\nthe individual—\nholds a qualification, not referred to in paragraph (a) or (b) , that under this Law or a corresponding prior Act qualified the individual for specialist registration (however described) in the specialty; and\nwas previously registered under this Law or the corresponding prior Act on the basis of holding that qualification for the specialty.\n- (a) holds an approved qualification for the specialty; or\n- (b) holds another qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification for the specialty; or\n- (c) holds a qualification, not referred to in paragraph (a) or (b) , relevant to the specialty and has successfully completed an examination or other assessment required by the National Board for the purpose of registration in the specialty; or\n- (d) the individual— (i) holds a qualification, not referred to in paragraph (a) or (b) , that under this Law or a corresponding prior Act qualified the individual for specialist registration (however described) in the specialty; and (ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification for the specialty.\n- (i) holds a qualification, not referred to in paragraph (a) or (b) , that under this Law or a corresponding prior Act qualified the individual for specialist registration (however described) in the specialty; and\n- (ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification for the specialty.\n- (i) holds a qualification, not referred to in paragraph (a) or (b) , that under this Law or a corresponding prior Act qualified the individual for specialist registration (however described) in the specialty; and\n- (ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification for the specialty.","sortOrder":166},{"sectionNumber":"sec.59-oc.2","sectionType":"section","heading":"Examination or assessment for specialist registration","content":"### sec.59-oc.2 Examination or assessment for specialist registration\n\nFor the purposes of section 57 (1) (b) (ii) , if the National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.","sortOrder":167},{"sectionNumber":"sec.60","sectionType":"section","heading":"Unsuitability to hold specialist registration","content":"### sec.60 Unsuitability to hold specialist registration\n\nSection 55 applies to the making of a decision by a National Board that an individual is not a suitable person to hold specialist registration in a recognised specialty.\nFor the purposes of subsection (1) , a reference in section 55 to—\ngeneral registration in the health profession is taken to be a reference to specialist registration in a recognised specialty; and\nthe health profession is taken to be a reference to the recognised specialty.\n(sec.60-ssec.1) Section 55 applies to the making of a decision by a National Board that an individual is not a suitable person to hold specialist registration in a recognised specialty.\n(sec.60-ssec.2) For the purposes of subsection (1) , a reference in section 55 to— general registration in the health profession is taken to be a reference to specialist registration in a recognised specialty; and the health profession is taken to be a reference to the recognised specialty.\n- (a) general registration in the health profession is taken to be a reference to specialist registration in a recognised specialty; and\n- (b) the health profession is taken to be a reference to the recognised specialty.","sortOrder":168},{"sectionNumber":"sec.61","sectionType":"section","heading":"Period of specialist registration","content":"### sec.61 Period of specialist registration\n\nThe period of registration that is to apply to a health practitioner granted specialist registration in a recognised specialty in a health profession is the period (the registration period ), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.\nIf the National Board decides to register a health practitioner in a recognised specialty for the health profession during a registration period, the specialist registration—\nstarts—\nif the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\notherwise—when the Board makes the decision; and\nexpires at the end of the last day of the registration period.\nsch s 61 amd 2022 No. 22 s 56\n(sec.61-ssec.1) The period of registration that is to apply to a health practitioner granted specialist registration in a recognised specialty in a health profession is the period (the registration period ), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.\n(sec.61-ssec.2) If the National Board decides to register a health practitioner in a recognised specialty for the health profession during a registration period, the specialist registration— starts— if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or otherwise—when the Board makes the decision; and expires at the end of the last day of the registration period.\n- (a) starts— (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or (ii) otherwise—when the Board makes the decision; and\n- (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\n- (ii) otherwise—when the Board makes the decision; and\n- (b) expires at the end of the last day of the registration period.\n- (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\n- (ii) otherwise—when the Board makes the decision; and","sortOrder":169},{"sectionNumber":"sch-inc-pt.7-div.3","sectionType":"division","heading":"Provisional registration","content":"## Provisional registration","sortOrder":170},{"sectionNumber":"sec.62","sectionType":"section","heading":"Eligibility for provisional registration","content":"### sec.62 Eligibility for provisional registration\n\nAn individual is eligible for provisional registration in a health profession, to enable the individual to complete a period of supervised practice that the individual requires to be eligible for general registration in the health profession, if—\nthe individual is qualified for general registration in the profession; and\nthe individual is a suitable person to hold provisional registration in the profession; and\nthe individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for, or being registered in, the profession; and\nthe individual meets any other requirements for registration stated in an approved registration standard for the health profession.\nWithout limiting subsection (1) , the National Board established for the health profession may decide the individual is eligible for provisional registration in the health profession by doing either or both of the following—\nimposing conditions on the registration under section 83 ;\naccepting an undertaking from the individual under section 83A .\nsch s 62 amd 2022 No. 22 s 62\n(sec.62-ssec.1) An individual is eligible for provisional registration in a health profession, to enable the individual to complete a period of supervised practice that the individual requires to be eligible for general registration in the health profession, if— the individual is qualified for general registration in the profession; and the individual is a suitable person to hold provisional registration in the profession; and the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for, or being registered in, the profession; and the individual meets any other requirements for registration stated in an approved registration standard for the health profession.\n(sec.62-ssec.2) Without limiting subsection (1) , the National Board established for the health profession may decide the individual is eligible for provisional registration in the health profession by doing either or both of the following— imposing conditions on the registration under section 83 ; accepting an undertaking from the individual under section 83A .\n- (a) the individual is qualified for general registration in the profession; and\n- (b) the individual is a suitable person to hold provisional registration in the profession; and\n- (c) the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for, or being registered in, the profession; and\n- (d) the individual meets any other requirements for registration stated in an approved registration standard for the health profession.\n- (a) imposing conditions on the registration under section 83 ;\n- (b) accepting an undertaking from the individual under section 83A .","sortOrder":171},{"sectionNumber":"sec.63","sectionType":"section","heading":"Unsuitability to hold provisional registration","content":"### sec.63 Unsuitability to hold provisional registration\n\nSection 55 applies to a decision by a National Board that an individual is not a suitable person to hold provisional registration in a health profession.\nFor the purposes of subsection (1) , a reference in section 55 to general registration in the health profession is taken to be a reference to provisional registration in the health profession.\n(sec.63-ssec.1) Section 55 applies to a decision by a National Board that an individual is not a suitable person to hold provisional registration in a health profession.\n(sec.63-ssec.2) For the purposes of subsection (1) , a reference in section 55 to general registration in the health profession is taken to be a reference to provisional registration in the health profession.","sortOrder":172},{"sectionNumber":"sec.64","sectionType":"section","heading":"Period of provisional registration","content":"### sec.64 Period of provisional registration\n\nThe period of registration (the registration period) that is to apply to a health practitioner granted provisional registration in a health profession is—\nthe period decided by the National Board established for the profession, but not more than 12 months, and published on the Board’s website; or\nthe longer period prescribed by a regulation.\nIf the National Board decides to register a health practitioner in the health profession during a registration period, the registration—\nstarts—\nif the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\notherwise—when the Board makes the decision; and\nexpires at the end of the last day of the registration period.\nProvisional registration may not be renewed more than twice.\nIf an individual were not able to complete the supervised practice the individual requires for general registration in a health profession during the period consisting of the individual’s initial period of registration and 2 renewals of that registration, the individual would need to make a new application for provisional registration in the profession.\nsch s 64 amd 2022 No. 22 s 57\n(sec.64-ssec.1) The period of registration (the registration period) that is to apply to a health practitioner granted provisional registration in a health profession is— the period decided by the National Board established for the profession, but not more than 12 months, and published on the Board’s website; or the longer period prescribed by a regulation.\n(sec.64-ssec.2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration— starts— if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or otherwise—when the Board makes the decision; and expires at the end of the last day of the registration period.\n(sec.64-ssec.3) Provisional registration may not be renewed more than twice. If an individual were not able to complete the supervised practice the individual requires for general registration in a health profession during the period consisting of the individual’s initial period of registration and 2 renewals of that registration, the individual would need to make a new application for provisional registration in the profession.\n- (a) the period decided by the National Board established for the profession, but not more than 12 months, and published on the Board’s website; or\n- (b) the longer period prescribed by a regulation.\n- (a) starts— (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or (ii) otherwise—when the Board makes the decision; and\n- (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\n- (ii) otherwise—when the Board makes the decision; and\n- (b) expires at the end of the last day of the registration period.\n- (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\n- (ii) otherwise—when the Board makes the decision; and","sortOrder":173},{"sectionNumber":"sch-inc-pt.7-div.4","sectionType":"division","heading":"Limited registration","content":"## Limited registration","sortOrder":174},{"sectionNumber":"sec.65","sectionType":"section","heading":"Eligibility for limited registration","content":"### sec.65 Eligibility for limited registration\n\nAn individual is eligible for limited registration in a health profession if—\nthe individual is not qualified for general registration in the profession or specialist registration in a recognised speciality in the profession; and\nthe individual is qualified under this Division for limited registration; and\nthe individual is a suitable person to hold limited registration in the profession; and\nthe individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and\nthe individual meets any other requirements for registration stated in an approved registration standard for the health profession.\nSubsection (1B) applies if—\nan individual is registered in a health profession for which divisions are included in the National Register kept for the profession; and\nthe individual holds general or limited registration in a division.\nDespite subsection (1) (a) and (b) , the individual is eligible for limited registration in another division of the profession if the individual—\nis not qualified for general registration under the other division; and\nis qualified under this Division for limited registration under the other division.\nWithout limiting subsection (1) , the National Board established for the health profession may decide the individual is eligible for limited registration in the profession by doing either or both of the following—\nimposing conditions on the registration under section 83 ;\naccepting an undertaking from the individual under section 83A .\nsch s 65 amd 2017 No. 32 s 10 ; 2022 No. 22 s 63\n(sec.65-ssec.1) An individual is eligible for limited registration in a health profession if— the individual is not qualified for general registration in the profession or specialist registration in a recognised speciality in the profession; and the individual is qualified under this Division for limited registration; and the individual is a suitable person to hold limited registration in the profession; and the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and the individual meets any other requirements for registration stated in an approved registration standard for the health profession.\n(sec.65-ssec.1A) Subsection (1B) applies if— an individual is registered in a health profession for which divisions are included in the National Register kept for the profession; and the individual holds general or limited registration in a division.\n(sec.65-ssec.1B) Despite subsection (1) (a) and (b) , the individual is eligible for limited registration in another division of the profession if the individual— is not qualified for general registration under the other division; and is qualified under this Division for limited registration under the other division.\n(sec.65-ssec.2) Without limiting subsection (1) , the National Board established for the health profession may decide the individual is eligible for limited registration in the profession by doing either or both of the following— imposing conditions on the registration under section 83 ; accepting an undertaking from the individual under section 83A .\n- (a) the individual is not qualified for general registration in the profession or specialist registration in a recognised speciality in the profession; and\n- (b) the individual is qualified under this Division for limited registration; and\n- (c) the individual is a suitable person to hold limited registration in the profession; and\n- (d) the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and\n- (e) the individual meets any other requirements for registration stated in an approved registration standard for the health profession.\n- (a) an individual is registered in a health profession for which divisions are included in the National Register kept for the profession; and\n- (b) the individual holds general or limited registration in a division.\n- (a) is not qualified for general registration under the other division; and\n- (b) is qualified under this Division for limited registration under the other division.\n- (a) imposing conditions on the registration under section 83 ;\n- (b) accepting an undertaking from the individual under section 83A .","sortOrder":175},{"sectionNumber":"sec.66","sectionType":"section","heading":"Limited registration for postgraduate training or supervised practice","content":"### sec.66 Limited registration for postgraduate training or supervised practice\n\nAn individual may apply for limited registration to enable the individual to undertake a period of postgraduate training or supervised practice in a health profession, or to undertake assessment or sit an examination, approved by the National Board established for the profession.\nThe individual is qualified for the limited registration applied for if the National Board is satisfied the individual has completed a qualification that is relevant to, and suitable for, the postgraduate training, supervised practice, assessment or examination.\n(sec.66-ssec.1) An individual may apply for limited registration to enable the individual to undertake a period of postgraduate training or supervised practice in a health profession, or to undertake assessment or sit an examination, approved by the National Board established for the profession.\n(sec.66-ssec.2) The individual is qualified for the limited registration applied for if the National Board is satisfied the individual has completed a qualification that is relevant to, and suitable for, the postgraduate training, supervised practice, assessment or examination.","sortOrder":176},{"sectionNumber":"sec.67","sectionType":"section","heading":"Limited registration for area of need","content":"### sec.67 Limited registration for area of need\n\nAn individual may apply for limited registration to enable the individual to practise a health profession in an area of need decided by the responsible Minister under subsection (5) .\nThe individual is qualified for the limited registration applied for if the National Board is satisfied the individual’s qualifications and experience are relevant to, and suitable for, the practice of the profession in the area of need.\nThe National Board must consider the application but is not required to register the individual merely because there is an area of need.\nIf the National Board grants the individual limited registration to enable the individual to practise the profession in the area of need, the individual must not practise the profession other than in the area of need specified in the individual’s certificate of registration.\nA responsible Minister for a participating jurisdiction may decide there is an area of need for health services in the jurisdiction, or part of the jurisdiction, if the Minister considers there are insufficient health practitioners practising in a particular health profession in the jurisdiction or the part of the jurisdiction to provide services that meet the needs of people living in the jurisdiction or the part of the jurisdiction.\nIf a responsible Minister decides there is an area of need under subsection (5) , the responsible Minister must give the National Board established for the health profession written notice of the decision.\nA responsible Minister may delegate the Minister’s power under this section to an appropriately qualified person.\nIn this section—\nappropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power.\nhealth services means the provision of services by health practitioners in a particular health profession.\n(sec.67-ssec.1) An individual may apply for limited registration to enable the individual to practise a health profession in an area of need decided by the responsible Minister under subsection (5) .\n(sec.67-ssec.2) The individual is qualified for the limited registration applied for if the National Board is satisfied the individual’s qualifications and experience are relevant to, and suitable for, the practice of the profession in the area of need.\n(sec.67-ssec.3) The National Board must consider the application but is not required to register the individual merely because there is an area of need.\n(sec.67-ssec.4) If the National Board grants the individual limited registration to enable the individual to practise the profession in the area of need, the individual must not practise the profession other than in the area of need specified in the individual’s certificate of registration.\n(sec.67-ssec.5) A responsible Minister for a participating jurisdiction may decide there is an area of need for health services in the jurisdiction, or part of the jurisdiction, if the Minister considers there are insufficient health practitioners practising in a particular health profession in the jurisdiction or the part of the jurisdiction to provide services that meet the needs of people living in the jurisdiction or the part of the jurisdiction.\n(sec.67-ssec.6) If a responsible Minister decides there is an area of need under subsection (5) , the responsible Minister must give the National Board established for the health profession written notice of the decision.\n(sec.67-ssec.7) A responsible Minister may delegate the Minister’s power under this section to an appropriately qualified person.\n(sec.67-ssec.8) In this section— appropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power. health services means the provision of services by health practitioners in a particular health profession.","sortOrder":177},{"sectionNumber":"sec.68","sectionType":"section","heading":"Limited registration in public interest","content":"### sec.68 Limited registration in public interest\n\nAn individual may apply for limited registration to enable the individual to practise a health profession for a limited time, or for a limited scope, in the public interest.\nThe individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied it is in the public interest for an individual with the individual’s qualifications and experience to practise the profession for that time or scope.\n(sec.68-ssec.1) An individual may apply for limited registration to enable the individual to practise a health profession for a limited time, or for a limited scope, in the public interest.\n(sec.68-ssec.2) The individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied it is in the public interest for an individual with the individual’s qualifications and experience to practise the profession for that time or scope.","sortOrder":178},{"sectionNumber":"sec.69","sectionType":"section","heading":"Limited registration for teaching or research","content":"### sec.69 Limited registration for teaching or research\n\nAn individual may apply for limited registration in a health profession to enable the individual to fill a teaching or research position.\nThe individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied the individual’s qualifications are relevant to, and suitable for, the position.\n(sec.69-ssec.1) An individual may apply for limited registration in a health profession to enable the individual to fill a teaching or research position.\n(sec.69-ssec.2) The individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied the individual’s qualifications are relevant to, and suitable for, the position.","sortOrder":179},{"sectionNumber":"sec.70","sectionType":"section","heading":"Unsuitability to hold limited registration","content":"### sec.70 Unsuitability to hold limited registration\n\nSection 55 applies to a decision by a National Board that an individual is not a suitable person to hold limited registration in a health profession.\nFor the purposes of subsection (1) , a reference in section 55 to general registration in the health profession is taken to be a reference to limited registration in the health profession.\n(sec.70-ssec.1) Section 55 applies to a decision by a National Board that an individual is not a suitable person to hold limited registration in a health profession.\n(sec.70-ssec.2) For the purposes of subsection (1) , a reference in section 55 to general registration in the health profession is taken to be a reference to limited registration in the health profession.","sortOrder":180},{"sectionNumber":"sec.71","sectionType":"section","heading":"Limited registration not to be held for more than one purpose","content":"### sec.71 Limited registration not to be held for more than one purpose\n\nSubsection (2) applies to a health profession for which a division is not included in the National Register kept for the profession.\nAn individual registered in the health profession may not hold limited registration in the same health profession for more than one purpose under this Division at the same time.\nSubsection (4) applies to a health profession for which divisions are included in the National Register kept for the profession.\nAn individual registered in the health profession may not hold limited registration in the same division of the profession for more than one purpose under this Division at the same time.\nsch s 71 sub 2017 No. 32 s 11\n(sec.71-ssec.1) Subsection (2) applies to a health profession for which a division is not included in the National Register kept for the profession.\n(sec.71-ssec.2) An individual registered in the health profession may not hold limited registration in the same health profession for more than one purpose under this Division at the same time.\n(sec.71-ssec.3) Subsection (4) applies to a health profession for which divisions are included in the National Register kept for the profession.\n(sec.71-ssec.4) An individual registered in the health profession may not hold limited registration in the same division of the profession for more than one purpose under this Division at the same time.","sortOrder":181},{"sectionNumber":"sec.72","sectionType":"section","heading":"Period of limited registration","content":"### sec.72 Period of limited registration\n\nThe period of registration that is to apply to a health practitioner granted limited registration in a health profession is the period (the registration period ), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.\nIf the National Board decides to register a health practitioner in the health profession during a registration period, the registration—\nstarts—\nif the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\notherwise—when the Board makes the decision; and\nexpires at the end of the last day of the registration period.\nLimited registration may not be renewed more than 3 times.\nIf an individual had been granted limited registration in a health profession for a purpose under this Division, had subsequently renewed the registration in the profession for that purpose 3 times and at the end of the period wished to continue holding limited registration in the profession for that purpose, the individual would need to make a new application for limited registration in the profession for that purpose.\nsch s 72 amd 2022 No. 22 s 58\n(sec.72-ssec.1) The period of registration that is to apply to a health practitioner granted limited registration in a health profession is the period (the registration period ), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.\n(sec.72-ssec.2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration— starts— if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or otherwise—when the Board makes the decision; and expires at the end of the last day of the registration period.\n(sec.72-ssec.3) Limited registration may not be renewed more than 3 times. If an individual had been granted limited registration in a health profession for a purpose under this Division, had subsequently renewed the registration in the profession for that purpose 3 times and at the end of the period wished to continue holding limited registration in the profession for that purpose, the individual would need to make a new application for limited registration in the profession for that purpose.\n- (a) starts— (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or (ii) otherwise—when the Board makes the decision; and\n- (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\n- (ii) otherwise—when the Board makes the decision; and\n- (b) expires at the end of the last day of the registration period.\n- (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\n- (ii) otherwise—when the Board makes the decision; and","sortOrder":182},{"sectionNumber":"sch-inc-pt.7-div.5","sectionType":"division","heading":"Non-practising registration","content":"## Non-practising registration","sortOrder":183},{"sectionNumber":"sec.73","sectionType":"section","heading":"Eligibility for non-practising registration","content":"### sec.73 Eligibility for non-practising registration\n\nAn individual is eligible for non-practising registration in a health profession if—\nthe individual—\nholds or has held general registration in the health profession under this Law; or\nholds or has held specialist registration in a recognised speciality in the health profession under this Law; or\nheld registration in the health profession under a corresponding prior Act that was equivalent to general registration or specialist registration in the health profession under this Law;\nthe individual is a suitable person to hold non-practising registration in the profession.\n- (a) the individual— (i) holds or has held general registration in the health profession under this Law; or (ii) holds or has held specialist registration in a recognised speciality in the health profession under this Law; or (iii) held registration in the health profession under a corresponding prior Act that was equivalent to general registration or specialist registration in the health profession under this Law;\n- (i) holds or has held general registration in the health profession under this Law; or\n- (ii) holds or has held specialist registration in a recognised speciality in the health profession under this Law; or\n- (iii) held registration in the health profession under a corresponding prior Act that was equivalent to general registration or specialist registration in the health profession under this Law;\n- (b) the individual is a suitable person to hold non-practising registration in the profession.\n- (i) holds or has held general registration in the health profession under this Law; or\n- (ii) holds or has held specialist registration in a recognised speciality in the health profession under this Law; or\n- (iii) held registration in the health profession under a corresponding prior Act that was equivalent to general registration or specialist registration in the health profession under this Law;","sortOrder":184},{"sectionNumber":"sec.74","sectionType":"section","heading":"Unsuitability to hold non-practising registration","content":"### sec.74 Unsuitability to hold non-practising registration\n\nA National Board may decide an individual is not a suitable person to hold non-practising registration in a health profession if—\nhaving regard to the individual’s criminal history to the extent that is relevant to the individual’s practise of the profession, the individual is not, in the Board’s opinion, an appropriate person to hold registration in the profession or it is not in the public interest for the individual to hold registration in the profession; or\nthe person’s registration has been withdrawn by a National Board under section 85A ; or\nin the Board’s opinion, the individual is for any other reason not a fit and proper person to hold non-practising registration in the profession.\nsch s 74 amd 2022 No. 22 s 69\n- (a) having regard to the individual’s criminal history to the extent that is relevant to the individual’s practise of the profession, the individual is not, in the Board’s opinion, an appropriate person to hold registration in the profession or it is not in the public interest for the individual to hold registration in the profession; or\n- (aa) the person’s registration has been withdrawn by a National Board under section 85A ; or\n- (b) in the Board’s opinion, the individual is for any other reason not a fit and proper person to hold non-practising registration in the profession.","sortOrder":185},{"sectionNumber":"sec.75","sectionType":"section","heading":"Registered health practitioner who holds non-practising registration must not practise the profession","content":"### sec.75 Registered health practitioner who holds non-practising registration must not practise the profession\n\nA registered health practitioner who holds non-practising registration in a health profession must not practise the profession.\nA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.75-ssec.1) A registered health practitioner who holds non-practising registration in a health profession must not practise the profession.\n(sec.75-ssec.2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.","sortOrder":186},{"sectionNumber":"sec.76","sectionType":"section","heading":"Period of non-practising registration","content":"### sec.76 Period of non-practising registration\n\nThe period of registration that is to apply to a health practitioner granted non-practising registration in a health profession is the period (the registration period ), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.\nIf the National Board decides to register a health practitioner in the health profession during a registration period, the registration—\nstarts—\nif the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\notherwise—when the Board makes the decision; and\nexpires at the end of the last day of the registration period.\nsch s 76 amd 2022 No. 22 s 59\n(sec.76-ssec.1) The period of registration that is to apply to a health practitioner granted non-practising registration in a health profession is the period (the registration period ), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.\n(sec.76-ssec.2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration— starts— if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or otherwise—when the Board makes the decision; and expires at the end of the last day of the registration period.\n- (a) starts— (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or (ii) otherwise—when the Board makes the decision; and\n- (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\n- (ii) otherwise—when the Board makes the decision; and\n- (b) expires at the end of the last day of the registration period.\n- (i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or\n- (ii) otherwise—when the Board makes the decision; and","sortOrder":187},{"sectionNumber":"sch-inc-pt.7-div.6","sectionType":"division","heading":"Application for registration","content":"## Application for registration","sortOrder":188},{"sectionNumber":"sec.77","sectionType":"section","heading":"Application for registration","content":"### sec.77 Application for registration\n\nAn individual may apply to a National Board for registration in a health profession for which the Board is established.\nAn application must—\nbe in the form approved by the National Board; and\nbe accompanied by the relevant fee; and\nbe accompanied by proof of the applicant’s identity; and\nbe accompanied by any other information reasonably required by the Board.\nWithout limiting subsection (2) (a) , a form approved by a National Board for the purposes of that subsection must require an applicant—\nto provide a declaration about—\nthe address at which the applicant will predominantly practise the profession; or\nif the applicant will not be practising the profession or will not predominantly practise the profession at one address, the address that is the applicant’s principal place of residence; and\nto provide an address to be used by the Board in corresponding with the applicant; and\nto disclose the applicant’s criminal history; and\nto authorise the Board to obtain the applicant’s criminal history.\nSee the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.\nA criminal history law does not apply to the requirement under subsection (3) (c) for the applicant to disclose the applicant’s criminal history.\nInformation in the application must, if the approved form requires, be verified by a statutory declaration.\nsch s 77 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n_____\nsch s 77A ins 2025 No. 6 s 17 (uncommenced amendment)\n(sec.77-ssec.1) An individual may apply to a National Board for registration in a health profession for which the Board is established.\n(sec.77-ssec.2) An application must— be in the form approved by the National Board; and be accompanied by the relevant fee; and be accompanied by proof of the applicant’s identity; and be accompanied by any other information reasonably required by the Board.\n(sec.77-ssec.3) Without limiting subsection (2) (a) , a form approved by a National Board for the purposes of that subsection must require an applicant— to provide a declaration about— the address at which the applicant will predominantly practise the profession; or if the applicant will not be practising the profession or will not predominantly practise the profession at one address, the address that is the applicant’s principal place of residence; and to provide an address to be used by the Board in corresponding with the applicant; and to disclose the applicant’s criminal history; and to authorise the Board to obtain the applicant’s criminal history. See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.\n(sec.77-ssec.4) A criminal history law does not apply to the requirement under subsection (3) (c) for the applicant to disclose the applicant’s criminal history.\n(sec.77-ssec.5) Information in the application must, if the approved form requires, be verified by a statutory declaration.\n- (a) be in the form approved by the National Board; and\n- (b) be accompanied by the relevant fee; and\n- (c) be accompanied by proof of the applicant’s identity; and\n- (d) be accompanied by any other information reasonably required by the Board.\n- (a) to provide a declaration about— (i) the address at which the applicant will predominantly practise the profession; or (ii) if the applicant will not be practising the profession or will not predominantly practise the profession at one address, the address that is the applicant’s principal place of residence; and\n- (i) the address at which the applicant will predominantly practise the profession; or\n- (ii) if the applicant will not be practising the profession or will not predominantly practise the profession at one address, the address that is the applicant’s principal place of residence; and\n- (b) to provide an address to be used by the Board in corresponding with 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. Note. See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.\n- (i) the address at which the applicant will predominantly practise the profession; or\n- (ii) if the applicant will not be practising the profession or will not predominantly practise the profession at one address, the address that is the applicant’s principal place of residence; and","sortOrder":189},{"sectionNumber":"sec.78","sectionType":"section","heading":"Power to check applicant’s proof of identity","content":"### sec.78 Power to check applicant’s proof of identity\n\nIf an applicant for registration gives a National Board a document as evidence of the applicant’s identity under this section, the Board may, by written notice, ask the entity that issued the document—\nto confirm the validity of the document; or\nto give the Board other information relevant to the applicant’s identity.\nAn entity given a notice under subsection (1) is authorised to give the National Board the information requested in the notice.\n(sec.78-ssec.1) If an applicant for registration gives a National Board a document as evidence of the applicant’s identity under this section, the Board may, by written notice, ask the entity that issued the document— to confirm the validity of the document; or to give the Board other information relevant to the applicant’s identity.\n(sec.78-ssec.2) An entity given a notice under subsection (1) is authorised to give the National Board the information requested in the notice.\n- (a) to confirm the validity of the document; or\n- (b) to give the Board other information relevant to the applicant’s identity.","sortOrder":190},{"sectionNumber":"sec.79","sectionType":"section","heading":"Power to check applicant’s criminal history","content":"### sec.79 Power to check applicant’s criminal history\n\nBefore deciding an application for registration, a National Board must check the applicant’s criminal history.\nFor the purposes of checking an applicant’s criminal history, a National Board may obtain a written report about the criminal history of the applicant from any of the following—\nACC;\na police commissioner;\nan entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.\nA criminal history law does not apply to a report about an applicant’s criminal history under subsection (2) .\nsch s 79 amd 2017 No. 32 s 12\n(sec.79-ssec.1) Before deciding an application for registration, a National Board must check the applicant’s criminal history.\n(sec.79-ssec.2) For the purposes of checking an applicant’s criminal history, a National Board may obtain a written report about the criminal history of the applicant from any of the following— ACC; a police commissioner; an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.\n(sec.79-ssec.3) A criminal history law does not apply to a report about an applicant’s criminal history under subsection (2) .\n- (a) ACC;\n- (b) a police commissioner;\n- (c) an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.","sortOrder":191},{"sectionNumber":"sec.80","sectionType":"section","heading":"Boards’ other powers before deciding application for registration","content":"### sec.80 Boards’ other powers before deciding application for registration\n\nBefore deciding an application for registration, a National Board may—\ninvestigate the applicant, including, for example, by asking an entity—\nto give the Board information about the applicant; or\nto verify information or a document that relates to the applicant;\nIf the applicant is or has been registered by another registration authority, the National Board may ask the registration authority for information about the applicant’s registration status.\nThe National Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant.\nby written notice given to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; and\nby written notice given to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; and\nby written notice given to the applicant, require the applicant to undergo an examination or assessment, within a reasonable time stated in the notice and at a reasonable place, to assess the applicant’s ability to practise the health profession in which registration is sought; and\nby written notice given to the applicant, require the applicant to undergo a health assessment, within a reasonable time stated in the notice and at a reasonable place.\nThe National Board may require the information or document referred to in subsection (1) (b) to be verified by a statutory declaration.\nIf the National Board requires an applicant to undertake an examination or assessment under subsection (1) (d) to assess the applicant’s ability to practise the health profession—\nthe examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise; and\nthe National Agency may require the applicant to pay the relevant fee.\nA notice under subsection (1) (d) or (e) must state—\nthe reason for the examination or assessment; and\nthe name and qualifications of the person appointed by the National Board to conduct the examination or assessment; and\nthe place where, and the day and time at which, the examination or assessment is to be conducted.\nThe applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1) .\n(sec.80-ssec.1) Before deciding an application for registration, a National Board may— investigate the applicant, including, for example, by asking an entity— to give the Board information about the applicant; or to verify information or a document that relates to the applicant; If the applicant is or has been registered by another registration authority, the National Board may ask the registration authority for information about the applicant’s registration status. The National Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant. by written notice given to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; and by written notice given to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; and by written notice given to the applicant, require the applicant to undergo an examination or assessment, within a reasonable time stated in the notice and at a reasonable place, to assess the applicant’s ability to practise the health profession in which registration is sought; and by written notice given to the applicant, require the applicant to undergo a health assessment, within a reasonable time stated in the notice and at a reasonable place.\n(sec.80-ssec.2) The National Board may require the information or document referred to in subsection (1) (b) to be verified by a statutory declaration.\n(sec.80-ssec.3) If the National Board requires an applicant to undertake an examination or assessment under subsection (1) (d) to assess the applicant’s ability to practise the health profession— the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise; and the National Agency may require the applicant to pay the relevant fee.\n(sec.80-ssec.4) A notice under subsection (1) (d) or (e) must state— the reason for the examination or assessment; and the name and qualifications of the person appointed by the National Board to conduct the examination or assessment; and the place where, and the day and time at which, the examination or assessment is to be conducted.\n(sec.80-ssec.5) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1) .\n- (a) investigate the applicant, including, for example, by asking an entity— (i) to give the Board information about the applicant; or (ii) to verify information or a document that relates to the applicant; Examples— If the applicant is or has been registered by another registration authority, the National Board may ask the registration authority for information about the applicant’s registration status. The National Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant.\n- (i) to give the Board information about the applicant; or\n- (ii) to verify information or a document that relates to the applicant; Examples— If the applicant is or has been registered by another registration authority, the National Board may ask the registration authority for information about the applicant’s registration status. The National Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant.\n- (b) by written notice given to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; and\n- (c) by written notice given to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; and\n- (d) by written notice given to the applicant, require the applicant to undergo an examination or assessment, within a reasonable time stated in the notice and at a reasonable place, to assess the applicant’s ability to practise the health profession in which registration is sought; and\n- (e) by written notice given to the applicant, require the applicant to undergo a health assessment, within a reasonable time stated in the notice and at a reasonable place.\n- (i) to give the Board information about the applicant; or\n- (ii) to verify information or a document that relates to the applicant; Examples— If the applicant is or has been registered by another registration authority, the National Board may ask the registration authority for information about the applicant’s registration status. The National Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant.\n- (a) the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise; and\n- (b) the National Agency may require the applicant to pay the relevant fee.\n- (a) the reason for the examination or assessment; and\n- (b) the name and qualifications of the person appointed by the National Board to conduct the examination or assessment; and\n- (c) the place where, and the day and time at which, the examination or assessment is to be conducted.","sortOrder":192},{"sectionNumber":"sec.81","sectionType":"section","heading":"Applicant may make submissions about proposed refusal of application or imposition of condition","content":"### sec.81 Applicant may make submissions about proposed refusal of application or imposition of condition\n\nIf, after considering an application for registration, a National Board is proposing to refuse to register the applicant or to register the applicant subject to a condition, the Board must give the applicant written notice of the proposal.\nThe notice must—\nstate the reasons for the proposal; and\ninvite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.\n(sec.81-ssec.1) If, after considering an application for registration, a National Board is proposing to refuse to register the applicant or to register the applicant subject to a condition, the Board must give the applicant written notice of the proposal.\n(sec.81-ssec.2) The notice must— state the reasons for the proposal; and invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.\n- (a) state the reasons for the proposal; and\n- (b) invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.","sortOrder":193},{"sectionNumber":"sec.82","sectionType":"section","heading":"Decision about application","content":"### sec.82 Decision about application\n\nAfter considering an application for registration and any submissions made in accordance with a notice under section 81 , a National Board established for a health profession must—\ndecide to grant the applicant the type of registration in the health profession applied for if the applicant is eligible for that type of registration under a relevant section; or\ndecide to grant the applicant a type of registration in the health profession, other than the type of registration applied for, for which the applicant is eligible under a relevant section; or\ndecide to refuse to grant the applicant registration in the health profession if—\nthe applicant is ineligible for registration in the profession under a relevant section because the applicant—\nis not qualified for registration; or\nhas not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’s ability to practise the profession; or\nis not a suitable person to hold registration; or\nis disqualified under this Law from applying for registration, or being registered, in the health profession; or\ndoes not meet a requirement for registration stated in an approved registration standard for the profession; or\nit would be improper to register the applicant because the applicant or someone else gave the National Board information or a document in relation to the application that was false or misleading in a material particular.\nIn this section—\nrelevant section means section 52 , 57 , 62 , 65 or 73 .\n(sec.82-ssec.1) After considering an application for registration and any submissions made in accordance with a notice under section 81 , a National Board established for a health profession must— decide to grant the applicant the type of registration in the health profession applied for if the applicant is eligible for that type of registration under a relevant section; or decide to grant the applicant a type of registration in the health profession, other than the type of registration applied for, for which the applicant is eligible under a relevant section; or decide to refuse to grant the applicant registration in the health profession if— the applicant is ineligible for registration in the profession under a relevant section because the applicant— is not qualified for registration; or has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’s ability to practise the profession; or is not a suitable person to hold registration; or is disqualified under this Law from applying for registration, or being registered, in the health profession; or does not meet a requirement for registration stated in an approved registration standard for the profession; or it would be improper to register the applicant because the applicant or someone else gave the National Board information or a document in relation to the application that was false or misleading in a material particular.\n(sec.82-ssec.2) In this section— relevant section means section 52 , 57 , 62 , 65 or 73 .\n- (a) decide to grant the applicant the type of registration in the health profession applied for if the applicant is eligible for that type of registration under a relevant section; or\n- (b) decide to grant the applicant a type of registration in the health profession, other than the type of registration applied for, for which the applicant is eligible under a relevant section; or\n- (c) decide to refuse to grant the applicant registration in the health profession if— (i) the applicant is ineligible for registration in the profession under a relevant section because the applicant— (A) is not qualified for registration; or (B) has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’s ability to practise the profession; or (C) is not a suitable person to hold registration; or (D) is disqualified under this Law from applying for registration, or being registered, in the health profession; or (E) does not meet a requirement for registration stated in an approved registration standard for the profession; or (ii) it would be improper to register the applicant because the applicant or someone else gave the National Board information or a document in relation to the application that was false or misleading in a material particular.\n- (i) the applicant is ineligible for registration in the profession under a relevant section because the applicant— (A) is not qualified for registration; or (B) has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’s ability to practise the profession; or (C) is not a suitable person to hold registration; or (D) is disqualified under this Law from applying for registration, or being registered, in the health profession; or (E) does not meet a requirement for registration stated in an approved registration standard for the profession; or\n- (A) is not qualified for registration; or\n- (B) has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’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 registration, or being registered, in the health profession; or\n- (E) does not meet a requirement for registration stated in an approved registration standard for the profession; or\n- (ii) it would be improper to register the applicant because the applicant or someone else gave the National Board information or a document in relation to the application that was false or misleading in a material particular.\n- (i) the applicant is ineligible for registration in the profession under a relevant section because the applicant— (A) is not qualified for registration; or (B) has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’s ability to practise the profession; or (C) is not a suitable person to hold registration; or (D) is disqualified under this Law from applying for registration, or being registered, in the health profession; or (E) does not meet a requirement for registration stated in an approved registration standard for the profession; or\n- (A) is not qualified for registration; or\n- (B) has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’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 registration, or being registered, in the health profession; or\n- (E) does not meet a requirement for registration stated in an approved registration standard for the profession; or\n- (ii) it would be improper to register the applicant because the applicant or someone else gave the National Board information or a document in relation to the application that was false or misleading in a material particular.\n- (A) is not qualified for registration; or\n- (B) has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’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 registration, or being registered, in the health profession; or\n- (E) does not meet a requirement for registration stated in an approved registration standard for the profession; or","sortOrder":194},{"sectionNumber":"sec.83","sectionType":"section","heading":"Conditions of registration","content":"### sec.83 Conditions of registration\n\nIf a National Board decides to register a person in a health profession for which the Board is established, the registration is subject to any condition the Board considers necessary or desirable in the circumstances.\nA failure by a registered health practitioner to comply with a condition of the practitioner’s registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nIf the National Board decides to register the person subject to a condition referred to in subsection (1) , the Board must decide a review period for the condition.\nsch s 83 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.83-ssec.1) If a National Board decides to register a person in a health profession for which the Board is established, the registration is subject to any condition the Board considers necessary or desirable in the circumstances. A failure by a registered health practitioner to comply with a condition of the practitioner’s registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.83-ssec.2) If the National Board decides to register the person subject to a condition referred to in subsection (1) , the Board must decide a review period for the condition.","sortOrder":195},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Undertakings at registration","content":"### sec.83A Undertakings at registration\n\nIf a National Board decides to register a person in a health profession for which the Board is established, the Board may accept any undertaking from the person the Board considers necessary or desirable in the circumstances.\nsch s 83A ins 2022 No. 22 s 64","sortOrder":196},{"sectionNumber":"sec.84","sectionType":"section","heading":"Notice to be given to applicant","content":"### sec.84 Notice to be given to applicant\n\nWithin 30 days after making the decision under section 82 , the National Board must—\ngive the applicant written notice of the Board’s decision; and\nif the Board decides to register the applicant, give the applicant a certificate of registration.\nIf the Board decides not to register the applicant, or decides to register the applicant in a type of registration other than the registration applied for or subject to a condition, the notice under subsection (1) (a) must state—\nthe reasons for the decision; and\nthat the applicant may appeal against the decision; and\nhow an application for appeal may be made and the period within which the application must be made.\n(sec.84-ssec.1) Within 30 days after making the decision under section 82 , the National Board must— give the applicant written notice of the Board’s decision; and if the Board decides to register the applicant, give the applicant a certificate of registration.\n(sec.84-ssec.2) If the Board decides not to register the applicant, or decides to register the applicant in a type of registration other than the registration applied for or subject to a condition, the notice under subsection (1) (a) must state— the reasons for the decision; and that the applicant may appeal against the decision; and how an application for appeal may be made and the period within which the application must be made.\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 a certificate of registration.\n- (a) the reasons for the decision; and\n- (b) that the applicant may appeal against the decision; and\n- (c) how an application for appeal may be made and the period within which the application must be made.","sortOrder":197},{"sectionNumber":"sec.85","sectionType":"section","heading":"Failure to decide application","content":"### sec.85 Failure to decide application\n\nIf a National Board fails to decide an application for registration within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to register the applicant.","sortOrder":198},{"sectionNumber":"sch-inc-pt.7-div.6A","sectionType":"division","heading":"Withdrawal of registration","content":"## Withdrawal of registration","sortOrder":199},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Power to withdraw registration","content":"### sec.85A Power to withdraw registration\n\nA National Board may withdraw the registration of a registered health practitioner registered in a health profession for which the Board is established if the Board reasonably believes the practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.\nsch s 85A ins 2022 No. 22 s 70","sortOrder":200},{"sectionNumber":"sec.85B","sectionType":"section","heading":"Registered health practitioner may make submissions about proposed withdrawal of registration","content":"### sec.85B Registered health practitioner may make submissions about proposed withdrawal of registration\n\nIf a National Board is proposing to withdraw a registered health practitioner’s registration under section 85A , the Board must give the practitioner written notice of the proposal.\nThe notice must—\nstate the reasons for the proposal; and\ninvite the registered health practitioner to make a written or verbal submission to the National Board, within the reasonable time stated in the notice, about the proposal.\nThis section does not prevent a National Board from taking immediate action under Division 7 of Part 8 in relation to the registered health practitioner.\nsch s 85B ins 2022 No. 22 s 70\n(sec.85B-ssec.1) If a National Board is proposing to withdraw a registered health practitioner’s registration under section 85A , the Board must give the practitioner written notice of the proposal.\n(sec.85B-ssec.2) The notice must— state the reasons for the proposal; and invite the registered health practitioner to make a written or verbal submission to the National Board, within the reasonable time stated in the notice, about the proposal.\n(sec.85B-ssec.3) This section does not prevent a National Board from taking immediate action under Division 7 of Part 8 in relation to the registered health practitioner.\n- (a) state the reasons for the proposal; and\n- (b) invite the registered health practitioner to make a written or verbal submission to the National Board, within the reasonable time stated in the notice, about the proposal.","sortOrder":201},{"sectionNumber":"sec.85C","sectionType":"section","heading":"Decision about withdrawal of registration","content":"### sec.85C Decision about withdrawal of registration\n\nAfter considering any submissions made in accordance with a notice under section 85B , the National Board must—\ndecide—\nthe registration was not improperly obtained on the ground the registered health practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and\nno further action is to be taken; or\ndecide the registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular and do one or more of the following—\nwithdraw the practitioner’s registration;\nrefer the matter to a responsible tribunal;\ntake other appropriate action under Part 8 .\nsch s 85C ins 2022 No. 22 s 70\n- (a) decide— (i) the registration was not improperly obtained on the ground the registered health practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and (ii) no further action is to be taken; or\n- (i) the registration was not improperly obtained on the ground the registered health practitioner or someone else gave the Board information or a document that was false or misleading 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 practitioner or someone else gave the Board information or a document that was false or misleading in a material particular and do one or more of the following— (i) withdraw the practitioner’s registration; (ii) refer the matter to a responsible tribunal; (iii) take other appropriate action under Part 8 .\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- (i) the registration was not improperly obtained on the ground the registered health practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and\n- (ii) no further action is to be taken; or\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 .","sortOrder":202},{"sectionNumber":"sec.85D","sectionType":"section","heading":"Notice to be given to registered health practitioner","content":"### sec.85D Notice to be given to registered health practitioner\n\nThe National Board must give the registered health practitioner written notice of the Board’s decision under section 85C as soon as practicable, but no later than 30 days after making the decision.\nIf the National Board decides to withdraw the registered health practitioner’s registration, the notice must state—\nthe reasons for the decision; and\nthat the practitioner may appeal against the decision; and\nhow the application for appeal may be made and the period within which the application must be made.\nIf, under section 85C (b) (ii) or (iii) , the National Board decides to refer the matter to a responsible tribunal or take other appropriate action under Part 8 , notice of the referral or other action will be given to the registered health practitioner under the relevant provision of Part 8 .\nsch s 85D ins 2022 No. 22 s 70\n(sec.85D-ssec.1) The National Board must give the registered health practitioner written notice of the Board’s decision under section 85C as soon as practicable, but no later than 30 days after making the decision.\n(sec.85D-ssec.2) If the National Board decides to withdraw the registered health practitioner’s registration, the notice must state— the reasons for the decision; and that the practitioner may appeal against the decision; and how the application for appeal may be made and the period within which the application must be made. If, under section 85C (b) (ii) or (iii) , the National Board decides to refer the matter to a responsible tribunal or take other appropriate action under Part 8 , notice of the referral or other action will be given to the registered health practitioner under the relevant provision of Part 8 .\n- (a) the reasons for the decision; and\n- (b) that the practitioner may appeal against the decision; and\n- (c) how the application for appeal may be made and the period within which the application must be made.","sortOrder":203},{"sectionNumber":"sec.85E","sectionType":"section","heading":"When decision takes effect","content":"### sec.85E When decision takes effect\n\nThe decision by the National Board to withdraw a person’s registration takes effect on—\nthe day notice of the Board’s decision is given to the person; or\nthe later day stated in the notice.\nsch s 85E ins 2022 No. 22 s 70\n- (a) the day notice of the Board’s decision is given to the person; or\n- (b) the later day stated in the notice.","sortOrder":204},{"sectionNumber":"sch-inc-pt.7-div.7","sectionType":"division","heading":"Student registration","content":"## Student registration","sortOrder":205},{"sectionNumber":"sec.86","sectionType":"section","heading":"Definitions","content":"### sec.86 Definitions\n\nIn this Subdivision—\napproved program of study , for a health profession, does not include an approved program of study that provides a qualification for endorsement of registration in the profession but does not qualify a person for registration in the profession.\nparticulars means particulars required to be included in the student register.","sortOrder":206},{"sectionNumber":"sec.87","sectionType":"section","heading":"National Board must register persons undertaking approved program of study","content":"### sec.87 National Board must register persons undertaking approved program of study\n\nThe National Board established for a health profession must decide whether persons who are undertaking an approved program of study for the health profession must be registered—\nfor the entire period during which the persons are enrolled in the approved program of study; or\nfor the period starting when the persons begin a particular part of the approved program of study and ending when the persons complete, or otherwise cease to be enrolled in, the program.\nIn deciding whether to register persons undertaking an approved program of study for the entire period of the program of study or only part of the period, the National Board must have regard to—\nthe likelihood that persons undertaking the approved program of study will, in the course of undertaking the program, have contact with members of the public; and\nif it is likely that the persons undertaking the approved program of study will have contact with members of the public—\nwhen in the approved program of study it is likely the persons will have contact with members of the public; and\nthe potential risk that contact may pose to members of the public.\n(sec.87-ssec.1) The National Board established for a health profession must decide whether persons who are undertaking an approved program of study for the health profession must be registered— for the entire period during which the persons are enrolled in the approved program of study; or for the period starting when the persons begin a particular part of the approved program of study and ending when the persons complete, or otherwise cease to be enrolled in, the program.\n(sec.87-ssec.2) In deciding whether to register persons undertaking an approved program of study for the entire period of the program of study or only part of the period, the National Board must have regard to— the likelihood that persons undertaking the approved program of study will, in the course of undertaking the program, have contact with members of the public; and if it is likely that the persons undertaking the approved program of study will have contact with members of the public— when in the approved program of study it is likely the persons will have contact with members of the public; and the potential risk that contact may pose to members of the public.\n- (a) for the entire period during which the persons are enrolled in the approved program of study; or\n- (b) for the period starting when the persons begin a particular part of the approved program of study and ending when the persons complete, or otherwise cease to be enrolled in, the program.\n- (a) the likelihood that persons undertaking the approved program of study will, in the course of undertaking the program, have contact with members of the public; and\n- (b) if it is likely that the persons undertaking the approved program of study will have contact with members of the public— (i) when in the approved program of study it is likely the persons will have contact with members of the public; and (ii) the potential risk that contact may pose to members of the public.\n- (i) when in the approved program of study it is likely the persons will have contact with members of the public; and\n- (ii) the potential risk that contact may pose to members of the public.\n- (i) when in the approved program of study it is likely the persons will have contact with members of the public; and\n- (ii) the potential risk that contact may pose to members of the public.","sortOrder":207},{"sectionNumber":"sec.88","sectionType":"section","heading":"National Board may ask education provider for list of persons undertaking approved program of study","content":"### sec.88 National Board may ask education provider for list of persons undertaking approved program of study\n\nFor the purposes of registering persons as required by section 87 , a National Board may, at any time by written notice given to an education provider, ask the provider for the following—\nthe particulars of all persons who are undertaking an approved program of study for a health profession for which the Board is established;\nthe particulars of all persons who will be undertaking the part of the approved program of study specified in the notice.\nAn education provider given a notice under subsection (1) must not fail, without reasonable excuse, to comply with the notice.\nA contravention of subsection (2) does not constitute an offence.\nHowever, if an education provider does not comply with a notice under subsection (1) —\nthe National Board that gave the education provider the notice must publish details of the failure to comply with the notice on the Board’s website; and\nthe National Agency may, on the recommendation of the National Board, include a statement about the failure to comply with the notice in the Agency’s annual report.\nsch s 88 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.88-ssec.1) For the purposes of registering persons as required by section 87 , a National Board may, at any time by written notice given to an education provider, ask the provider for the following— the particulars of all persons who are undertaking an approved program of study for a health profession for which the Board is established; the particulars of all persons who will be undertaking the part of the approved program of study specified in the notice.\n(sec.88-ssec.2) An education provider given a notice under subsection (1) must not fail, without reasonable excuse, to comply with the notice.\n(sec.88-ssec.3) A contravention of subsection (2) does not constitute an offence.\n(sec.88-ssec.4) However, if an education provider does not comply with a notice under subsection (1) — the National Board that gave the education provider the notice must publish details of the failure to comply with the notice on the Board’s website; and the National Agency may, on the recommendation of the National Board, include a statement about the failure to comply with the notice in the Agency’s annual report.\n- (a) the particulars of all persons who are undertaking an approved program of study for a health profession for which the Board is established;\n- (b) the particulars of all persons who will be undertaking the part of the approved program of study specified in the notice.\n- (a) the National Board that gave the education provider the notice must publish details of the failure to comply with the notice on the Board’s website; and\n- (b) the National Agency may, on the recommendation of the National Board, include a statement about the failure to comply with the notice in the Agency’s annual report.","sortOrder":208},{"sectionNumber":"sec.89","sectionType":"section","heading":"Registration of students","content":"### sec.89 Registration of students\n\nOn receipt of the particulars of persons undertaking an approved program of study, or part of an approved program of study, under section 88 —\nthe National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or\nthe National Board may—\nby written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and\non receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.\nThe National Board must not register a person as a student if the person is undertaking an approved program of study for a health profession in which the person already holds registration under Division 6 .\nThe National Board must not require a person to pay a fee for registration as a student.\nAs soon as practicable after registering a person as a student, a National Board must give written notice of the registration to—\nthe education provider that provided the student’s particulars to the Board; and\nif the Board required the person to complete an application form for registration, the student.\nAs soon as practicable after receiving notice that a student has been registered under subsection (1) (a) , the education provider must give written notice of the registration to the student.\n(sec.89-ssec.1) On receipt of the particulars of persons undertaking an approved program of study, or part of an approved program of study, under section 88 — the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or the National Board may— by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.\n(sec.89-ssec.2) The National Board must not register a person as a student if the person is undertaking an approved program of study for a health profession in which the person already holds registration under Division 6 .\n(sec.89-ssec.3) The National Board must not require a person to pay a fee for registration as a student.\n(sec.89-ssec.4) As soon as practicable after registering a person as a student, a National Board must give written notice of the registration to— the education provider that provided the student’s particulars to the Board; and if the Board required the person to complete an application form for registration, the student.\n(sec.89-ssec.5) As soon as practicable after receiving notice that a student has been registered under subsection (1) (a) , the education provider must give written notice of the registration to the student.\n- (a) the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or\n- (b) the National Board may— (i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and (ii) on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.\n- (i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and\n- (ii) on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.\n- (i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and\n- (ii) on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.\n- (a) the education provider that provided the student’s particulars to the Board; and\n- (b) if the Board required the person to complete an application form for registration, the student.","sortOrder":209},{"sectionNumber":"sec.90","sectionType":"section","heading":"Period of student registration","content":"### sec.90 Period of student registration\n\nThe period of registration for a student—\nstarts when the student is registered under section 89 ; and\nexpires at the end of the day on which the student completes, or otherwise ceases to be enrolled in, the approved program of study.\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 otherwise ceases to be enrolled in, the approved program of study.","sortOrder":210},{"sectionNumber":"sec.91","sectionType":"section","heading":"Education provider to provide lists of persons","content":"### sec.91 Education provider to provide lists of persons\n\nIf an education provider arranges clinical training in a health profession for a person who is not enrolled in an approved program of study for the profession, the education provider must give the National Board established for the profession written notice about the arrangement.\nSubsection (1) does not apply if the person is a registered health practitioner who is registered in the health profession in which the clinical training is being undertaken.\nA notice under subsection (1) must include—\nthe particulars of the person undertaking the clinical training, and\nparticulars of the arrangement for the person to undertake the clinical training.\nOn receipt of a notice under subsection (1) —\nthe National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or\nthe National Board may—\nby written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and\non receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.\nAs soon as practicable after registering a person as a student under subsection (4) , a National Board must give written notice of the registration to the education provider that provided the student’s particulars to the Board.\nThe National Board must not require a person to pay a fee for registration as a student.\nA student’s period of registration under this section—\nstarts when the student is registered under subsection (4) ; and\nexpires at the end of the day on which the person completes, or otherwise ceases to undertake, the period of clinical training.\n(sec.91-ssec.1) If an education provider arranges clinical training in a health profession for a person who is not enrolled in an approved program of study for the profession, the education provider must give the National Board established for the profession written notice about the arrangement.\n(sec.91-ssec.2) Subsection (1) does not apply if the person is a registered health practitioner who is registered in the health profession in which the clinical training is being undertaken.\n(sec.91-ssec.3) A notice under subsection (1) must include— the particulars of the person undertaking the clinical training, and particulars of the arrangement for the person to undertake the clinical training.\n(sec.91-ssec.4) On receipt of a notice under subsection (1) — the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or the National Board may— by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.\n(sec.91-ssec.5) As soon as practicable after registering a person as a student under subsection (4) , a National Board must give written notice of the registration to the education provider that provided the student’s particulars to the Board.\n(sec.91-ssec.6) The National Board must not require a person to pay a fee for registration as a student.\n(sec.91-ssec.7) A student’s period of registration under this section— starts when the student is registered under subsection (4) ; and expires at the end of the day on which the person completes, or otherwise ceases to undertake, the period of clinical training.\n- (a) the particulars of the person undertaking the clinical training, and\n- (b) particulars of the arrangement for the person to undertake the clinical training.\n- (a) the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or\n- (b) the National Board may— (i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and (ii) on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.\n- (i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and\n- (ii) on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.\n- (i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and\n- (ii) on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.\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 otherwise ceases to undertake, the period of clinical training.","sortOrder":211},{"sectionNumber":"sec.92","sectionType":"section","heading":"Notice to be given if student registration suspended or condition imposed","content":"### sec.92 Notice to be given if student registration suspended or condition imposed\n\nThis section applies if, at any time, any of the following events occurs—\na person’s registration as a student under this Law is suspended;\na condition is imposed on a person’s registration as a student under this Law or a condition to which a person’s registration is subject is changed or removed;\na National Board accepts an undertaking from a person who is a student.\nThe National Board established for the person’s health profession must, as soon as practicable after the event occurs, give written notice of the event to the education provider with which the person is undertaking the approved program of study.\nIf an education provider is given a notice under subsection (2) about a person, the education provider must, as soon as practicable after receiving the notice, give notice of the event to any entity with whom the person is undertaking training as part of the approved program of study.\nsch s 92 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.92-ssec.1) This section applies if, at any time, any of the following events occurs— a person’s registration as a student under this Law is suspended; a condition is imposed on a person’s registration as a student under this Law or a condition to which a person’s registration is subject is changed or removed; a National Board accepts an undertaking from a person who is a student.\n(sec.92-ssec.2) The National Board established for the person’s health profession must, as soon as practicable after the event occurs, give written notice of the event to the education provider with which the person is undertaking the approved program of study.\n(sec.92-ssec.3) If an education provider is given a notice under subsection (2) about a person, the education provider must, as soon as practicable after receiving the notice, give notice of the event to any entity with whom the person is undertaking training as part of the approved program of study.\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 under this Law or a condition to which a person’s registration is subject is changed or removed;\n- (c) a National Board accepts an undertaking from a person who is a student.","sortOrder":212},{"sectionNumber":"sec.93","sectionType":"section","heading":"Report to National Board of cessation of status as student","content":"### sec.93 Report to National Board of cessation of status as student\n\nThis section applies if—\na student completes, or otherwise ceases to be enrolled in, an approved program of study for a health profession provided by an education provider; or\na student completes, or otherwise ceases to undertake, clinical training in a health profession arranged by an education provider.\nThe education provider must give written notice of the student ceasing to be enrolled in the program of study, or to undertake the clinical training, to the National Board established for the health profession within 60 days of it occurring.\nA contravention of subsection (2) does not constitute an offence.\nHowever, if an education provider contravenes subsection (2) —\nthe National Board must publish details of the contravention on the Board’s website; and\nthe National Agency may, on the recommendation of the National Board, include a statement about the contravention in the Agency’s annual report.\n(sec.93-ssec.1) This section applies if— a student completes, or otherwise ceases to be enrolled in, an approved program of study for a health profession provided by an education provider; or a student completes, or otherwise ceases to undertake, clinical training in a health profession arranged by an education provider.\n(sec.93-ssec.2) The education provider must give written notice of the student ceasing to be enrolled in the program of study, or to undertake the clinical training, to the National Board established for the health profession within 60 days of it occurring.\n(sec.93-ssec.3) A contravention of subsection (2) does not constitute an offence.\n(sec.93-ssec.4) However, if an education provider contravenes subsection (2) — the National Board must publish details of the contravention on the Board’s website; and the National Agency may, on the recommendation of the National Board, include a statement about the contravention in the Agency’s annual report.\n- (a) a student completes, or otherwise ceases to be enrolled in, an approved program of study for a health profession provided by an education provider; or\n- (b) a student completes, or otherwise ceases to undertake, clinical training in a health profession arranged by an education provider.\n- (a) the National Board must publish details of the contravention on the Board’s website; and\n- (b) the National Agency may, on the recommendation of the National Board, include a statement about the contravention in the Agency’s annual report.","sortOrder":213},{"sectionNumber":"sch-inc-pt.7-div.8","sectionType":"division","heading":"Endorsement of registration","content":"## Endorsement of registration","sortOrder":214},{"sectionNumber":"sec.94","sectionType":"section","heading":"Endorsement for scheduled medicines","content":"### sec.94 Endorsement for scheduled medicines\n\nA National Board may, in accordance with an approval given by the Ministerial Council under section 14 , endorse the registration of a registered health practitioner registered in a health profession for which the Board is established, as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines if the practitioner—\nholds either of the following qualifications relevant to the endorsement—\nan approved qualification;\nanother qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\ncomplies with any approved registration standard relevant to the endorsement.\nThe endorsement of a health practitioner’s registration under this section indicates the practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of medicines specified in the endorsement but does not authorise the practitioner to do so. The authorisation of a health practitioner to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines in a participating jurisdiction will be provided for by or under another Act of that jurisdiction.\nHealth practitioners registered in certain health professions will be authorised to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines by or under an Act of a participating jurisdiction without the need for the health practitioners to hold an endorsement under this Law.\nAn endorsement under subsection (1) must state—\nthe scheduled medicine or class of scheduled medicines to which the endorsement relates; and\nwhether the registered health practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of scheduled medicines; and\nif the endorsement is for a limited period, the date the endorsement expires.\nsch s 94 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.94-ssec.1) A National Board may, in accordance with an approval given by the Ministerial Council under section 14 , endorse the registration of a registered health practitioner registered in a health profession for which the Board is established, as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines if the practitioner— holds either of the following qualifications relevant to the endorsement— an approved qualification; another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and complies with any approved registration standard relevant to the endorsement. The endorsement of a health practitioner’s registration under this section indicates the practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of medicines specified in the endorsement but does not authorise the practitioner to do so. The authorisation of a health practitioner to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines in a participating jurisdiction will be provided for by or under another Act of that jurisdiction. Health practitioners registered in certain health professions will be authorised to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines by or under an Act of a participating jurisdiction without the need for the health practitioners to hold an endorsement under this Law.\n(sec.94-ssec.2) An endorsement under subsection (1) must state— the scheduled medicine or class of scheduled medicines to which the endorsement relates; and whether the registered health practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of scheduled medicines; and if the endorsement is for a limited period, the date the endorsement expires.\n- (a) holds either of the following qualifications relevant to the endorsement— (i) an approved qualification; (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (i) an approved qualification;\n- (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (b) complies with any approved registration standard relevant to the endorsement. Note. The endorsement of a health practitioner’s registration under this section indicates the practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of medicines specified in the endorsement but does not authorise the practitioner to do so. The authorisation of a health practitioner to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines in a participating jurisdiction will be provided for by or under another Act of that jurisdiction. Health practitioners registered in certain health professions will be authorised to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines by or under an Act of a participating jurisdiction without the need for the health practitioners to hold an endorsement under this Law.\n- (i) an approved qualification;\n- (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (a) the scheduled medicine or class of scheduled medicines to which the endorsement relates; and\n- (b) whether the registered health practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of scheduled medicines; and\n- (c) if the endorsement is for a limited period, the date the endorsement expires.","sortOrder":215},{"sectionNumber":"sec.95","sectionType":"section","heading":"Endorsement as nurse practitioner","content":"### sec.95 Endorsement as nurse practitioner\n\nThe National Board for the nursing profession may endorse the registration of a registered health practitioner whose name is included in the Register of Nurses as being qualified to practise as a nurse practitioner if the practitioner—\nholds either of the following qualifications relevant to the endorsement—\nan approved qualification;\nanother qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\ncomplies with any approved registration standard relevant to the endorsement.\nAn endorsement under subsection (1) must state—\nthat the registered health practitioner is entitled to use the title “nurse practitioner”; and\nany conditions applicable to the practice by the registered health practitioner as a nurse practitioner.\nsch s 95 amd 2017 No. 32 s 13\n(sec.95-ssec.1) The National Board for the nursing profession may endorse the registration of a registered health practitioner whose name is included in the Register of Nurses as being qualified to practise as a nurse practitioner if the practitioner— holds either of the following qualifications relevant to the endorsement— an approved qualification; another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and complies with any approved registration standard relevant to the endorsement.\n(sec.95-ssec.2) An endorsement under subsection (1) must state— that the registered health practitioner is entitled to use the title “nurse practitioner”; and any conditions applicable to the practice by the registered health practitioner as a nurse practitioner.\n- (a) holds either of the following qualifications relevant to the endorsement— (i) an approved qualification; (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (i) an approved qualification;\n- (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (b) complies with any approved registration standard relevant to the endorsement.\n- (i) an approved qualification;\n- (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (a) that the registered health practitioner is entitled to use the title “nurse practitioner”; and\n- (b) any conditions applicable to the practice by the registered health practitioner as a nurse practitioner.","sortOrder":216},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\nsch s 96 amd 2017 No. 32 s 14\nom 2022 No. 22 s 75","sortOrder":217},{"sectionNumber":"sec.97","sectionType":"section","heading":"Endorsement for acupuncture","content":"### sec.97 Endorsement for acupuncture\n\nA National Board may endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise as an acupuncturist if the practitioner—\nholds either of the following qualifications relevant to the endorsement—\nan approved qualification;\nanother qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\ncomplies with an approved registration standard relevant to the endorsement.\nAn endorsement under subsection (1) must state—\nthat the registered health practitioner is entitled to use the title “acupuncturist”; and\nany conditions applicable to the practice of acupuncture by the registered health practitioner.\nsch s 97 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.97-ssec.1) A National Board may endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise as an acupuncturist if the practitioner— holds either of the following qualifications relevant to the endorsement— an approved qualification; another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and complies with an approved registration standard relevant to the endorsement.\n(sec.97-ssec.2) An endorsement under subsection (1) must state— that the registered health practitioner is entitled to use the title “acupuncturist”; and any conditions applicable to the practice of acupuncture by the registered health practitioner.\n- (a) holds either of the following qualifications relevant to the endorsement— (i) an approved qualification; (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (i) an approved qualification;\n- (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (b) complies with an approved registration standard relevant to the endorsement.\n- (i) an approved qualification;\n- (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (a) that the registered health practitioner is entitled to use the title “acupuncturist”; and\n- (b) any conditions applicable to the practice of acupuncture by the registered health practitioner.","sortOrder":218},{"sectionNumber":"sec.98","sectionType":"section","heading":"Endorsement for approved area of practice","content":"### sec.98 Endorsement for approved area of practice\n\nA National Board established for a health profession may, in accordance with an approval given by the Ministerial Council under section 15 , endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise in an approved area of practice for the health profession if the practitioner—\nholds either of the following qualifications relevant to the endorsement—\nan approved qualification;\nanother qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\ncomplies with an approved registration standard relevant to the endorsement.\nAn endorsement under subsection (1) must state—\nthe approved area of practice to which the endorsement relates; and\nany conditions applicable to the practice by the registered health practitioner in the approved area of practice.\nsch s 98 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.98-ssec.1) A National Board established for a health profession may, in accordance with an approval given by the Ministerial Council under section 15 , endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise in an approved area of practice for the health profession if the practitioner— holds either of the following qualifications relevant to the endorsement— an approved qualification; another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and complies with an approved registration standard relevant to the endorsement.\n(sec.98-ssec.2) An endorsement under subsection (1) must state— the approved area of practice to which the endorsement relates; and any conditions applicable to the practice by the registered health practitioner in the approved area of practice.\n- (a) holds either of the following qualifications relevant to the endorsement— (i) an approved qualification; (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (i) an approved qualification;\n- (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (b) complies with an approved registration standard relevant to the endorsement.\n- (i) an approved qualification;\n- (ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n- (a) the approved area of practice to which the endorsement relates; and\n- (b) any conditions applicable to the practice by the registered health practitioner in the approved area of practice.","sortOrder":219},{"sectionNumber":"sec.99","sectionType":"section","heading":"Application for endorsement","content":"### sec.99 Application for endorsement\n\nAn individual may apply to a National Board for endorsement of the individual’s registration.\nThe application must—\nbe in the form approved by the National Board; and\nbe accompanied by the relevant fee; and\nbe accompanied by any other information reasonably required by the Board.\nFor the purposes of subsection (2) (c) , the information a National Board may require an applicant to provide includes—\nevidence of the qualifications in the health profession the applicant believes qualifies the applicant for endorsement; and\nevidence of successful completion of any period of supervised practice required by an approved registration standard; and\nif the applicant is required to complete an examination or assessment set by or on behalf of the Board, evidence of the successful completion of the examination or assessment.\n(sec.99-ssec.1) An individual may apply to a National Board for endorsement of the individual’s registration.\n(sec.99-ssec.2) The application must— be in the form approved by the National Board; and be accompanied by the relevant fee; and be accompanied by any other information reasonably required by the Board.\n(sec.99-ssec.3) For the purposes of subsection (2) (c) , the information a National Board may require an applicant to provide includes— evidence of the qualifications in the health profession the applicant believes qualifies the applicant for endorsement; and evidence of successful completion of any period of supervised practice required by an approved registration standard; and if the applicant is required to complete an examination or assessment set by or on behalf of the Board, evidence of the successful completion of the examination or assessment.\n- (a) be in the form approved by the National Board; and\n- (b) be accompanied by the relevant fee; and\n- (c) be accompanied by any other information reasonably required by the Board.\n- (a) evidence of the qualifications in the health profession the applicant believes qualifies the applicant for endorsement; and\n- (b) evidence of successful completion of any period of supervised practice required by an approved registration standard; and\n- (c) if the applicant is required to complete an examination or assessment set by or on behalf of the Board, evidence of the successful completion of the examination or assessment.","sortOrder":220},{"sectionNumber":"sec.100","sectionType":"section","heading":"Boards’ other powers before deciding application for endorsement","content":"### sec.100 Boards’ other powers before deciding application for endorsement\n\nBefore deciding an application for endorsement, a National Board may—\ninvestigate the applicant, including, for example, by asking an entity—\nto give the Board information about the applicant; or\nto verify information or a document that relates to the applicant; or\nby written notice to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; or\nby written notice to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; or\nby written notice to the applicant, require the applicant to undergo a written, oral or practical examination, within a reasonable time stated in the notice and at a reasonable place.\nThe purpose of an examination under subsection (1) (d) must be to assess the applicant’s ability to practise the health profession in accordance with the endorsement sought.\nThe applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1) .\n(sec.100-ssec.1) Before deciding an application for endorsement, a National Board may— investigate the applicant, including, for example, by asking an entity— to give the Board information about the applicant; or to verify information or a document that relates to the applicant; or by written notice to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; or by written notice to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; or by written notice to the applicant, require the applicant to undergo a written, oral or practical examination, within a reasonable time stated in the notice and at a reasonable place.\n(sec.100-ssec.2) The purpose of an examination under subsection (1) (d) must be to assess the applicant’s ability to practise the health profession in accordance with the endorsement sought.\n(sec.100-ssec.3) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1) .\n- (a) investigate the applicant, including, for example, by asking an entity— (i) to give the Board information about the applicant; or (ii) to verify information or a document that relates to the applicant; or\n- (i) to give the Board information about the applicant; or\n- (ii) to verify information or a document that relates to the applicant; or\n- (b) by written notice to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; or\n- (c) by written notice to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; or\n- (d) by written notice to the applicant, require the applicant to undergo a written, oral or practical examination, within a reasonable time stated in the notice and at a reasonable place.\n- (i) to give the Board information about the applicant; or\n- (ii) to verify information or a document that relates to the applicant; or","sortOrder":221},{"sectionNumber":"sec.101","sectionType":"section","heading":"Applicant may make submissions about proposed refusal of application or imposition of condition","content":"### sec.101 Applicant may make submissions about proposed refusal of application or imposition of condition\n\nIf, after considering an application for endorsement of a registration, a National Board is proposing to refuse to endorse the applicant’s registration or to endorse the applicant’s registration subject to a condition, the Board must give the applicant written notice of the proposal.\nThe notice must—\nstate the reasons for the proposal; and\ninvite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.\n(sec.101-ssec.1) If, after considering an application for endorsement of a registration, a National Board is proposing to refuse to endorse the applicant’s registration or to endorse the applicant’s registration subject to a condition, the Board must give the applicant written notice of the proposal.\n(sec.101-ssec.2) The notice must— state the reasons for the proposal; and invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.\n- (a) state the reasons for the proposal; and\n- (b) invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.","sortOrder":222},{"sectionNumber":"sec.102","sectionType":"section","heading":"Decision about application","content":"### sec.102 Decision about application\n\nAfter considering an application for endorsement and any submissions made in accordance with a notice under section 101 , a National Board must decide to endorse, or refuse to endorse, the applicant’s registration as sought.\nWithout limiting subsection (1) , a National Board may refuse to endorse an applicant’s registration if—\nthe applicant is not qualified for the endorsement under a relevant section; or\nthe Board considers the applicant is not competent to practise the health profession in accordance with the endorsement sought.\nIn this section—\nrelevant section means section 94 , 95 , 97 or 98 .\nsch s 102 amd 2022 No. 22 s 76\n(sec.102-ssec.1) After considering an application for endorsement and any submissions made in accordance with a notice under section 101 , a National Board must decide to endorse, or refuse to endorse, the applicant’s registration as sought.\n(sec.102-ssec.2) Without limiting subsection (1) , a National Board may refuse to endorse an applicant’s registration if— the applicant is not qualified for the endorsement under a relevant section; or the Board considers the applicant is not competent to practise the health profession in accordance with the endorsement sought.\n(sec.102-ssec.3) In this section— relevant section means section 94 , 95 , 97 or 98 .\n- (a) the applicant is not qualified for the endorsement under a relevant section; or\n- (b) the Board considers the applicant is not competent to practise the health profession in accordance with the endorsement sought.","sortOrder":223},{"sectionNumber":"sec.103","sectionType":"section","heading":"Conditions of endorsement","content":"### sec.103 Conditions of endorsement\n\nIf a National Board decides to endorse the applicant’s registration under section 102 , the Board may decide to impose on the endorsement the conditions the Board considers necessary or desirable in the circumstances.\nA failure by a registered health practitioner to comply with a condition of the practitioner’s registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nIf the National Board decides to impose a condition on the endorsement, the Board must also decide a review period for the condition.\n(sec.103-ssec.1) If a National Board decides to endorse the applicant’s registration under section 102 , the Board may decide to impose on the endorsement the conditions the Board considers necessary or desirable in the circumstances. A failure by a registered health practitioner to comply with a condition of the practitioner’s registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.103-ssec.2) If the National Board decides to impose a condition on the endorsement, the Board must also decide a review period for the condition.","sortOrder":224},{"sectionNumber":"sec.103A","sectionType":"section","heading":"Undertakings at endorsement","content":"### sec.103A Undertakings at endorsement\n\nIf a National Board decides to endorse the applicant’s registration under section 102 , the Board may accept any undertaking from the applicant the Board considers necessary or desirable in the circumstances.\nsch s 103A ins 2022 No. 22 s 65","sortOrder":225},{"sectionNumber":"sec.104","sectionType":"section","heading":"Notice of decision to be given to applicant","content":"### sec.104 Notice of decision to be given to applicant\n\nAs soon as practicable after making the decision under section 102 , the National Board must—\ngive the applicant written notice of the Board’s decision; and\nif the Board decides to endorse the applicant’s registration, give the applicant a new certificate of registration.\nIf the Board decides not to endorse the applicant’s registration or decides to endorse the applicant’s registration subject to a condition, the notice under subsection (1) (a) must state—\nthe reasons for the decision; and\nthat the applicant may appeal against the decision; and\nhow an application for appeal may be made and the period within which the application must be made.\n(sec.104-ssec.1) As soon as practicable after making the decision under section 102 , the National Board must— give the applicant written notice of the Board’s decision; and if the Board decides to endorse the applicant’s registration, give the applicant a new certificate of registration.\n(sec.104-ssec.2) If the Board decides not to endorse the applicant’s registration or decides to endorse the applicant’s registration subject to a condition, the notice under subsection (1) (a) must state— the reasons for the decision; and that the applicant may appeal against the decision; and how an application for appeal may be made and the period within which the application must be made.\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 the applicant a new certificate of registration.\n- (a) the reasons for the decision; and\n- (b) that the applicant may appeal against the decision; and\n- (c) how an application for appeal may be made and the period within which the application must be made.","sortOrder":226},{"sectionNumber":"sec.105","sectionType":"section","heading":"Period of endorsement","content":"### sec.105 Period of endorsement\n\nIf a National Board decides to endorse a registered health practitioner’s registration, the endorsement—\nstarts when the Board makes the decision; and\nexpires when the practitioner’s registration ends.\n- (a) starts when the Board makes the decision; and\n- (b) expires when the practitioner’s registration ends.","sortOrder":227},{"sectionNumber":"sec.106","sectionType":"section","heading":"Failure to decide application for endorsement","content":"### sec.106 Failure to decide application for endorsement\n\nIf a National Board fails to decide an application for endorsement within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to endorse the applicant’s registration.","sortOrder":228},{"sectionNumber":"sch-inc-pt.7-div.9","sectionType":"division","heading":"Renewal of registration","content":"## Renewal of registration","sortOrder":229},{"sectionNumber":"sec.107","sectionType":"section","heading":"Application for renewal of registration or endorsement","content":"### sec.107 Application for renewal of registration or endorsement\n\nA registered health practitioner may apply to the National Board established for the practitioner’s health profession for renewal of the health practitioner’s registration.\nAn application for renewal of a registered health practitioner’s registration must be made not later than one month after the practitioner’s period of registration ends.\nIf the registered health practitioner’s registration has been endorsed by the National Board, the application for renewal of the practitioner’s registration is taken to also be an application for a renewal of the endorsement.\nThe application for renewal of registration must—\nbe in the form approved by the National Board; and\nbe accompanied by the relevant fee; and\nif the application for renewal is made after the registered health practitioner’s period of registration ends, be accompanied by the relevant fee for a late application; and\nbe accompanied by the annual statement required under section 109 ; and\nbe accompanied by any other information reasonably required by the Board.\nsch s 107 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.107-ssec.1) A registered health practitioner may apply to the National Board established for the practitioner’s health profession for renewal of the health practitioner’s registration.\n(sec.107-ssec.2) An application for renewal of a registered health practitioner’s registration must be made not later than one month after the practitioner’s period of registration ends.\n(sec.107-ssec.3) If the registered health practitioner’s registration has been endorsed by the National Board, the application for renewal of the practitioner’s registration is taken to also be an application for a renewal of the endorsement.\n(sec.107-ssec.4) The application for renewal of registration must— be in the form approved by the National Board; and be accompanied by the relevant fee; and if the application for renewal is made after the registered health practitioner’s period of registration ends, be accompanied by the relevant fee for a late application; and be accompanied by the annual statement required under section 109 ; and be accompanied by any other information reasonably required by the Board.\n- (a) be in the form approved by the National Board; and\n- (b) be accompanied by the relevant fee; and\n- (c) if the application for renewal is made after the registered health practitioner’s period of registration ends, be accompanied by the relevant fee for a late application; and\n- (d) be accompanied by the annual statement required under section 109 ; and\n- (e) be accompanied by any other information reasonably required by the Board.","sortOrder":230},{"sectionNumber":"sec.108","sectionType":"section","heading":"Registration taken to continue in force","content":"### sec.108 Registration taken to continue in force\n\nIf a registered health practitioner applies under section 107 to renew the practitioner’s registration, the applicant’s registration, including any endorsement of the registration, is taken to continue in force from the day it would, apart from this section, have ended until—\nif the National Board decides to renew the applicant’s registration, the day a new certificate of registration is issued to the applicant; or\nif the National Board decides to refuse to renew the applicant’s registration, the day the applicant is given notice of the decision.\nIf a health practitioner does not apply to renew the practitioner’s registration before the practitioner’s period of registration ends, the registration, including any endorsement of the registration, is taken to continue in force until—\nthe end of the day that is one month after the day the period of registration would, apart from this subsection, have ended; or\nif the health practitioner applies for renewal of the registration not later than one month after the practitioner’s period of registration ends, the day referred to in subsection (1) (a) or (b) .\nSubsection (1) or (2) does not apply if the registration is earlier cancelled under this Law.\n(sec.108-ssec.1) If a registered health practitioner applies under section 107 to renew the practitioner’s registration, the applicant’s registration, including any endorsement of the registration, is taken to continue in force from the day it would, apart from this section, have ended until— if the National Board decides to renew the applicant’s registration, the day a new certificate of registration is issued to the applicant; or if the National Board decides to refuse to renew the applicant’s registration, the day the applicant is given notice of the decision.\n(sec.108-ssec.2) If a health practitioner does not apply to renew the practitioner’s registration before the practitioner’s period of registration ends, the registration, including any endorsement of the registration, is taken to continue in force until— the end of the day that is one month after the day the period of registration would, apart from this subsection, have ended; or if the health practitioner applies for renewal of the registration not later than one month after the practitioner’s period of registration ends, the day referred to in subsection (1) (a) or (b) .\n(sec.108-ssec.3) Subsection (1) or (2) does not apply if the registration is earlier cancelled under this Law.\n- (a) if the National Board decides to renew the applicant’s registration, the day a new certificate of registration is issued to the applicant; or\n- (b) if the National Board decides to refuse to renew the applicant’s registration, the day the applicant is given notice of the decision.\n- (a) the end of the day that is one month after the day the period of registration would, apart from this subsection, have ended; or\n- (b) if the health practitioner applies for renewal of the registration not later than one month after the practitioner’s period of registration ends, the day referred to in subsection (1) (a) or (b) .","sortOrder":231},{"sectionNumber":"sec.109","sectionType":"section","heading":"Annual statement","content":"### sec.109 Annual statement\n\nAn application for renewal of registration must include or be accompanied by a statement that includes the following—\na declaration by the applicant that—\nthe applicant does not have an impairment; and\nthe applicant has met any recency of practice requirements stated in an approved registration standard for the health profession; and\nthe applicant has completed the continuing professional development the applicant was required by an approved registration standard to undertake during the applicant’s preceding period of registration; and\nthe applicant has not practised the health profession during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place in relation to the applicant; and\nif the applicant’s registration is renewed the applicant will not practise the health profession unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant;\ndetails of any change in the applicant’s criminal history that occurred during the applicant’s preceding period of registration;\nSee the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.\nif the applicant’s right to practise at a hospital or another facility at which health services are provided was withdrawn or restricted during the applicant’s preceding period of registration because of the applicant’s conduct, professional performance or health, details of the withdrawal or restriction of the right to practise;\nif, during the applicant’s preceding period of registration and because of the applicant’s conduct, professional performance or health, the applicant was—\ndisqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth; or\nsubject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contained a direction under section 106U (1) (g) or (h) of that Act that the applicant be disqualified;\ndetails of any complaint made about the applicant to a registration authority or another entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners;\nany other information required by an approved registration standard.\nTo avoid doubt, subsection (1) (d) applies only to the extent the applicant is not prohibited from disclosing information about the disqualification or final determination by the Health Insurance Act 1973 of the Commonwealth.\nSubsection (1) (a) (ii) , (iii) and (iv) , (c) and (d) does not apply to an applicant who is applying for the renewal of non-practising registration.\nsch s 109 amd 2022 No. 22 s 119\n(sec.109-ssec.1) An application for renewal of registration must include or be accompanied by a statement that includes the following— a declaration by the applicant that— the applicant does not have an impairment; and the applicant has met any recency of practice requirements stated in an approved registration standard for the health profession; and the applicant has completed the continuing professional development the applicant was required by an approved registration standard to undertake during the applicant’s preceding period of registration; and the applicant has not practised the health profession during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place in relation to the applicant; and if the applicant’s registration is renewed the applicant will not practise the health profession unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant; details of any change in the applicant’s criminal history that occurred during the applicant’s preceding period of registration; See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia. if the applicant’s right to practise at a hospital or another facility at which health services are provided was withdrawn or restricted during the applicant’s preceding period of registration because of the applicant’s conduct, professional performance or health, details of the withdrawal or restriction of the right to practise; if, during the applicant’s preceding period of registration and because of the applicant’s conduct, professional performance or health, the applicant was— disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth; or subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contained a direction under section 106U (1) (g) or (h) of that Act that the applicant be disqualified; details of any complaint made about the applicant to a registration authority or another entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners; any other information required by an approved registration standard.\n(sec.109-ssec.1A) To avoid doubt, subsection (1) (d) applies only to the extent the applicant is not prohibited from disclosing information about the disqualification or final determination by the Health Insurance Act 1973 of the Commonwealth.\n(sec.109-ssec.2) Subsection (1) (a) (ii) , (iii) and (iv) , (c) and (d) does not apply to an applicant who is applying for the renewal of non-practising registration.\n- (a) a declaration by the applicant that— (i) the applicant does not have an impairment; and (ii) the applicant has met any recency of practice requirements stated in an approved registration standard for the health profession; and (iii) the applicant has completed the continuing professional development the applicant was required by an approved registration standard to undertake during the applicant’s preceding period of registration; and (iv) the applicant has not practised the health profession during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place in relation to the applicant; and (v) if the applicant’s registration is renewed the applicant will not practise the health profession unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant;\n- (i) the applicant does not have an impairment; and\n- (ii) the applicant has met any recency of practice requirements stated in an approved registration standard for the health profession; and\n- (iii) the applicant has completed the continuing professional development the applicant was required by an approved registration standard to undertake during the applicant’s preceding period of registration; and\n- (iv) the applicant has not practised the health profession during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place in relation to the applicant; and\n- (v) if the applicant’s registration is renewed the applicant will not practise the health profession unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant;\n- (b) details of any change in the applicant’s criminal history that occurred during the applicant’s preceding period of registration; Note. See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.\n- (c) if the applicant’s right to practise at a hospital or another facility at which health services are provided was withdrawn or restricted during the applicant’s preceding period of registration because of the applicant’s conduct, professional performance or health, details of the withdrawal or restriction of the right to practise;\n- (d) if, during the applicant’s preceding period of registration and because of the applicant’s conduct, professional performance or health, the applicant was— (i) disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth; or (ii) subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contained a direction under section 106U (1) (g) or (h) of that Act that the applicant be disqualified;\n- (i) disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth; or\n- (ii) subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contained a direction under section 106U (1) (g) or (h) of that Act that the applicant be disqualified;\n- (e) details of any complaint made about the applicant to a registration authority or another entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners;\n- (f) any other information required by an approved registration standard.\n- (i) the applicant does not have an impairment; and\n- (ii) the applicant has met any recency of practice requirements stated in an approved registration standard for the health profession; and\n- (iii) the applicant has completed the continuing professional development the applicant was required by an approved registration standard to undertake during the applicant’s preceding period of registration; and\n- (iv) the applicant has not practised the health profession during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place in relation to the applicant; and\n- (v) if the applicant’s registration is renewed the applicant will not practise the health profession unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant;\n- (i) disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth; or\n- (ii) subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contained a direction under section 106U (1) (g) or (h) of that Act that the applicant be disqualified;","sortOrder":232},{"sectionNumber":"sec.110","sectionType":"section","heading":"National Board’s powers before making decision","content":"### sec.110 National Board’s powers before making decision\n\nBefore deciding an application for renewal of registration, a National Board may exercise a power under section 80 as if the application were an application for registration made under section 77 .","sortOrder":233},{"sectionNumber":"sec.111","sectionType":"section","heading":"Applicant may make submissions about proposed refusal of application for renewal or imposition of condition","content":"### sec.111 Applicant may make submissions about proposed refusal of application for renewal or imposition of condition\n\nIf, after considering an application for renewal of registration, a National Board is proposing to refuse to renew the applicant’s registration or to renew the applicant’s registration subject to a new condition, the Board must give the applicant written notice of the proposal.\nThe notice must—\nstate the reasons for the proposal; and\ninvite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.\n(sec.111-ssec.1) If, after considering an application for renewal of registration, a National Board is proposing to refuse to renew the applicant’s registration or to renew the applicant’s registration subject to a new condition, the Board must give the applicant written notice of the proposal.\n(sec.111-ssec.2) The notice must— state the reasons for the proposal; and invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.\n- (a) state the reasons for the proposal; and\n- (b) invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.","sortOrder":234},{"sectionNumber":"sec.112","sectionType":"section","heading":"Decision about application for renewal","content":"### sec.112 Decision about application for renewal\n\nAfter considering an application for renewal of registration and any submissions made in accordance with a notice under section 111 , a National Board may decide to renew, or refuse to renew, the applicant’s registration or the endorsement.\nThe National Board may refuse to renew the applicant’s registration or any endorsement on the applicant’s registration—\non any ground on which the Board could refuse to grant the registration or endorsement under section 82 or 102 if the application were for a grant of registration or endorsement; or\nif the applicant contravened any condition to which the applicant’s previous registration or endorsement was subject; or\nif the applicant failed to comply with any undertaking given by the applicant to the Board that was in effect during the applicant’s previous period of registration or endorsement; or\nif, during the applicant’s previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements or failed to complete the continuing professional development required by an approved registration standard for the profession; or\nif a statement made by the applicant in the applicant’s annual statement was false or misleading in a material particular; or\nif the application is for the renewal of provisional registration and the applicant’s provisional registration has previously been renewed twice; or\nif the application is for the renewal of limited application and the applicant’s limited registration has previously been renewed 3 times.\nIf the National Board renews a registration, including any endorsement on the registration, the registration or endorsement is subject to—\nany condition to which the registration was subject immediately before the renewal; and\nany condition the Board considers necessary or desirable in the circumstances; and\nany undertaking given by the applicant to the Board that was in effect immediately before the renewal; and\nany undertaking given by the applicant to the Board that the Board considers necessary or desirable in the circumstances.\nA failure by a registered health practitioner to comply with a condition of the practitioner’s registration, or an undertaking given by the practitioner to the Board, does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nIf the National Board decides to renew a registered health practitioner’s registration or an endorsement of the registration subject to a condition under subsection (3) (b) , the Board must decide a review period for the condition.\nIf a National Board decides to refuse to renew an applicant’s registration or the endorsement of the applicant’s registration, or to renew the registration or the endorsement subject to a condition under subsection (3) (b) , the Board must give the applicant a notice that states—\nthe decision made by the Board; and\nthe reasons for the decision; and\nthat the applicant may appeal against the decision; and\nhow an application for appeal may be made and the period within which the application must be made.\nA registration, including any endorsement of the registration, renewed under this Subdivision—\nstarts on the day immediately after the applicant’s previous period of registration ends or ended; and\nexpires at the end of the day that is 12 months after the day it starts.\nsch s 112 amd 2022 No. 22 ss 66 , 79\n(sec.112-ssec.1) After considering an application for renewal of registration and any submissions made in accordance with a notice under section 111 , a National Board may decide to renew, or refuse to renew, the applicant’s registration or the endorsement.\n(sec.112-ssec.2) The National Board may refuse to renew the applicant’s registration or any endorsement on the applicant’s registration— on any ground on which the Board could refuse to grant the registration or endorsement under section 82 or 102 if the application were for a grant of registration or endorsement; or if the applicant contravened any condition to which the applicant’s previous registration or endorsement was subject; or if the applicant failed to comply with any undertaking given by the applicant to the Board that was in effect during the applicant’s previous period of registration or endorsement; or if, during the applicant’s previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements or failed to complete the continuing professional development required by an approved registration standard for the profession; or if a statement made by the applicant in the applicant’s annual statement was false or misleading in a material particular; or if the application is for the renewal of provisional registration and the applicant’s provisional registration has previously been renewed twice; or if the application is for the renewal of limited application and the applicant’s limited registration has previously been renewed 3 times.\n(sec.112-ssec.3) If the National Board renews a registration, including any endorsement on the registration, the registration or endorsement is subject to— any condition to which the registration was subject immediately before the renewal; and any condition the Board considers necessary or desirable in the circumstances; and any undertaking given by the applicant to the Board that was in effect immediately before the renewal; and any undertaking given by the applicant to the Board that the Board considers necessary or desirable in the circumstances. A failure by a registered health practitioner to comply with a condition of the practitioner’s registration, or an undertaking given by the practitioner to the Board, does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.112-ssec.4) If the National Board decides to renew a registered health practitioner’s registration or an endorsement of the registration subject to a condition under subsection (3) (b) , the Board must decide a review period for the condition.\n(sec.112-ssec.5) If a National Board decides to refuse to renew an applicant’s registration or the endorsement of the applicant’s registration, or to renew the registration or the endorsement subject to a condition under subsection (3) (b) , the Board must give the applicant a notice that states— the decision made by the Board; and the reasons for the decision; and that the applicant may appeal against the decision; and how an application for appeal may be made and the period within which the application must be made.\n(sec.112-ssec.6) A registration, including any endorsement of the registration, renewed under this Subdivision— starts on the day immediately after the applicant’s previous period of registration ends or ended; and expires at the end of the day that is 12 months after the day it starts.\n- (a) on any ground on which the Board could refuse to grant the registration or endorsement under section 82 or 102 if the application were for a grant of registration or endorsement; or\n- (b) if the applicant contravened any condition to which the applicant’s previous registration or endorsement was subject; or\n- (ba) if the applicant failed to comply with any undertaking given by the applicant to the Board that was in effect during the applicant’s previous period of registration or endorsement; or\n- (c) if, during the applicant’s previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements or failed to complete the continuing professional development required by an approved registration standard for the profession; or\n- (d) if a statement made by the applicant in the applicant’s annual statement was false or misleading in a material particular; or\n- (e) if the application is for the renewal of provisional registration and the applicant’s provisional registration has previously been renewed twice; or\n- (f) if the application is for the renewal of limited application and the applicant’s limited registration has previously been renewed 3 times.\n- (a) any condition to which the registration was subject immediately before the renewal; and\n- (b) any condition the Board considers necessary or desirable in the circumstances; and\n- (c) any undertaking given by the applicant to the Board that was in effect immediately before the renewal; and\n- (d) any undertaking given by the applicant to the Board that the Board considers necessary or desirable in the circumstances. Note. A failure by a registered health practitioner to comply with a condition of the practitioner’s registration, or an undertaking given by the practitioner to the Board, does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n- (a) the decision made by the Board; and\n- (b) the reasons for the decision; and\n- (c) that the applicant may appeal against the decision; and\n- (d) how an application for appeal may be made and the period within which the application must be made.\n- (a) starts on the day immediately after the applicant’s previous period of registration ends or ended; and\n- (b) expires at the end of the day that is 12 months after the day it starts.","sortOrder":235},{"sectionNumber":"sec.112A","sectionType":"section","heading":"Application of Subdivision","content":"### sec.112A Application of Subdivision\n\nThis Subdivision applies if, during a period (the suspension period ) in which a person’s registration in a health profession is suspended under this Law, the person’s registration would have ended if the person were not suspended.\nSection 108 (2) does not apply to a registration to which this Subdivision applies.\nsch s 112A ins 2022 No. 22 s 80\n(sec.112A-ssec.1) This Subdivision applies if, during a period (the suspension period ) in which a person’s registration in a health profession is suspended under this Law, the person’s registration would have ended if the person were not suspended.\n(sec.112A-ssec.2) Section 108 (2) does not apply to a registration to which this Subdivision applies.","sortOrder":236},{"sectionNumber":"sec.112B","sectionType":"section","heading":"Application for renewal of registration","content":"### sec.112B Application for renewal of registration\n\nThe person’s registration as a registered health practitioner is reinstated on the day the suspension period ends.\nIf the registered health practitioner intends to renew the practitioner’s registration in the profession, the practitioner must apply to the National Board established for the practitioner’s health profession within one month after the suspension period ends.\nIf the practitioner’s registration has been endorsed by the National Board, the application for renewal of the practitioner’s registration is taken to also be an application for a renewal of the endorsement.\nThe application for renewal of registration must be—\nin the form approved by the National Board; and\naccompanied by the relevant fee; and\naccompanied by the annual statement required under section 109 , as applied by section 112D ; and\naccompanied by any other information reasonably required by the Board.\nsch s 112B ins 2022 No. 22 s 80\n(sec.112B-ssec.1) The person’s registration as a registered health practitioner is reinstated on the day the suspension period ends.\n(sec.112B-ssec.2) If the registered health practitioner intends to renew the practitioner’s registration in the profession, the practitioner must apply to the National Board established for the practitioner’s health profession within one month after the suspension period ends.\n(sec.112B-ssec.3) If the practitioner’s registration has been endorsed by the National Board, the application for renewal of the practitioner’s registration is taken to also be an application for a renewal of the endorsement.\n(sec.112B-ssec.4) The application for renewal of registration must be— in the form approved by the National Board; and accompanied by the relevant fee; and accompanied by the annual statement required under section 109 , as applied by section 112D ; and accompanied by any other information reasonably required by the Board.\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 109 , as applied by section 112D ; and\n- (d) accompanied by any other information reasonably required by the Board.","sortOrder":237},{"sectionNumber":"sec.112C","sectionType":"section","heading":"End of registration","content":"### sec.112C End of registration\n\nIf a registered health practitioner applies to renew the practitioner’s registration under section 112B , the applicant’s registration, including any endorsement of the registration, continues in force from the day the suspension period ends until—\nif the National Board decides to renew the applicant’s registration—the day a new certificate of registration is issued to the applicant; or\nif the National Board decides to refuse to renew the applicant’s registration—the day the applicant is given notice of the decision.\nIf a registered health practitioner does not apply to renew the practitioner’s registration under section 112B , the practitioner’s registration, including any endorsement of the registration, continues in force from the day the suspension period ends until the end of the day that is one month after the day on which the suspension period ends.\nsch s 112C ins 2022 No. 22 s 80\n(sec.112C-ssec.1) If a registered health practitioner applies to renew the practitioner’s registration under section 112B , the applicant’s registration, including any endorsement of the registration, continues in force from the day the suspension period ends until— if the National Board decides to renew the applicant’s registration—the day a new certificate of registration is issued to the applicant; or if the National Board decides to refuse to renew the applicant’s registration—the day the applicant is given notice of the decision.\n(sec.112C-ssec.2) If a registered health practitioner does not apply to renew the practitioner’s registration under section 112B , the practitioner’s registration, including any endorsement of the registration, continues in force from the day the suspension period ends until the end of the day that is one month after the day on which the suspension period ends.\n- (a) if the National Board decides to renew the applicant’s registration—the day a new certificate of registration is issued to the applicant; or\n- (b) if the National Board decides to refuse to renew the applicant’s registration—the day the applicant is given notice of the decision.","sortOrder":238},{"sectionNumber":"sec.112D","sectionType":"section","heading":"Sections 109 to 112 apply to application for renewal under this Subdivision","content":"### sec.112D Sections 109 to 112 apply to application for renewal under this Subdivision\n\nSections 109 to 112 apply to an application for renewal of registration made under this Subdivision as if the application had been made under section 107 for renewal of registration under Subdivision 1 .\nFor the purposes of subsection (1) —\nsection 109 applies as if a reference in that section to the applicant’s preceding period of registration were a reference to both the applicant’s period of registration preceding the suspension period and the suspension period; and\nsection 112 (2) (c) applies as if a reference in that paragraph to the applicant’s previous period of registration were a reference to both the applicant’s period of registration preceding the suspension period and the suspension period; and\nsection 112 (3) (a) applies as if a reference in that paragraph to immediately before the renewal were a reference to immediately before the start of the suspension period; and\nsection 112 (6) applies as if a reference in that subsection to this Subdivision were a reference to Subdivision 2 .\nsch s 112D ins 2022 No. 22 s 80\n(sec.112D-ssec.1) Sections 109 to 112 apply to an application for renewal of registration made under this Subdivision as if the application had been made under section 107 for renewal of registration under Subdivision 1 .\n(sec.112D-ssec.2) For the purposes of subsection (1) — section 109 applies as if a reference in that section to the applicant’s preceding period of registration were a reference to both the applicant’s period of registration preceding the suspension period and the suspension period; and section 112 (2) (c) applies as if a reference in that paragraph to the applicant’s previous period of registration were a reference to both the applicant’s period of registration preceding the suspension period and the suspension period; and section 112 (3) (a) applies as if a reference in that paragraph to immediately before the renewal were a reference to immediately before the start of the suspension period; and section 112 (6) applies as if a reference in that subsection to this Subdivision were a reference to Subdivision 2 .\n- (a) section 109 applies as if a reference in that section to the applicant’s preceding period of registration were a reference to both the applicant’s period of registration preceding the suspension period and the suspension period; and\n- (b) section 112 (2) (c) applies as if a reference in that paragraph to the applicant’s previous period of registration were a reference to both the applicant’s period of registration preceding the suspension period and the suspension period; and\n- (c) section 112 (3) (a) applies as if a reference in that paragraph to immediately before the renewal were a reference to immediately before the start of the suspension period; and\n- (d) section 112 (6) applies as if a reference in that subsection to this Subdivision were a reference to Subdivision 2 .","sortOrder":239},{"sectionNumber":"sch-inc-pt.7-div.10","sectionType":"division","heading":"Title and practice protections","content":"## Title and practice protections","sortOrder":240},{"sectionNumber":"sec.113","sectionType":"section","heading":"Restriction on use of protected titles","content":"### sec.113 Restriction on use of protected titles\n\nA person must not knowingly or recklessly—\ntake or use a title in the Table to this section, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the health profession listed beside the title in the Table, unless the person is registered in the profession, or\ntake or use a prescribed title for a health profession, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the profession, unless the person is registered in the profession.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nA person must not knowingly or recklessly—\ntake or use a title in the Table in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or\ntake or use a prescribed title for a health profession in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nSubsections (1) and (2) apply whether or not the title is taken or used with or without any other words and whether in English or any other language.\nProfession\nTitle\nAboriginal and Torres Strait Islander Health Practice\nAboriginal and Torres Strait Islander health practitioner, Aboriginal health practitioner, Torres Strait Islander health practitioner\nChinese Medicine\nChinese medicine practitioner, Chinese herbal dispenser, Chinese herbal medicine practitioner, Oriental medicine practitioner, acupuncturist\nChiropractic\nchiropractor\nDental\ndentist, dental therapist, dental hygienist, dental prosthetist, oral health therapist\nMedical\nmedical practitioner\nMedical Radiation Practice\nmedical radiation practitioner, diagnostic radiographer, medical imaging technologist, radiographer, nuclear medicine scientist, nuclear medicine technologist, radiation therapist\nMidwifery\nmidwife, midwife practitioner\nNursing\nnurse, registered nurse, nurse practitioner, enrolled nurse\nOccupational Therapy\noccupational therapist\nOptometry\noptometrist, optician\nOsteopathy\nosteopath\nParamedicine\nparamedic\nPharmacy\npharmacist, pharmaceutical chemist\nPhysiotherapy\nphysiotherapist, physical therapist\nPodiatry\npodiatrist, chiropodist\nPsychology\npsychologist\nsch s 113 amd 2017 No. 32 s 15 ; 2019 No. 3 s 8\n(sec.113-ssec.1) A person must not knowingly or recklessly— take or use a title in the Table to this section, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the health profession listed beside the title in the Table, unless the person is registered in the profession, or take or use a prescribed title for a health profession, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the profession, unless the person is registered in the profession. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000.\n(sec.113-ssec.2) A person must not knowingly or recklessly— take or use a title in the Table in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or take or use a prescribed title for a health profession in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000.\n(sec.113-ssec.3) Subsections (1) and (2) apply whether or not the title is taken or used with or without any other words and whether in English or any other language. Profession Title Aboriginal and Torres Strait Islander Health Practice Aboriginal and Torres Strait Islander health practitioner, Aboriginal health practitioner, Torres Strait Islander health practitioner Chinese Medicine Chinese medicine practitioner, Chinese herbal dispenser, Chinese herbal medicine practitioner, Oriental medicine practitioner, acupuncturist Chiropractic chiropractor Dental dentist, dental therapist, dental hygienist, dental prosthetist, oral health therapist Medical medical practitioner Medical Radiation Practice medical radiation practitioner, diagnostic radiographer, medical imaging technologist, radiographer, nuclear medicine scientist, nuclear medicine technologist, radiation therapist Midwifery midwife, midwife practitioner Nursing nurse, registered nurse, nurse practitioner, enrolled nurse Occupational Therapy occupational therapist Optometry optometrist, optician Osteopathy osteopath Paramedicine paramedic Pharmacy pharmacist, pharmaceutical chemist Physiotherapy physiotherapist, physical therapist Podiatry podiatrist, chiropodist Psychology psychologist\n- (a) take or use a title in the Table to this section, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the health profession listed beside the title in the Table, unless the person is registered in the profession, or\n- (b) take or use a prescribed title for a health profession, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the profession, unless the person is registered in the profession.\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.\n- (a) take or use a title in the Table in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or\n- (b) take or use a prescribed title for a health profession in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession.\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.","sortOrder":241},{"sectionNumber":"sec.114","sectionType":"section","heading":"Use of title “acupuncturist”","content":"### sec.114 Use of title “acupuncturist”\n\nA registered health practitioner whose registration is endorsed under section 97 by a National Board as being qualified to practise as an acupuncturist does not commit an offence against section 113 (1) (a) merely because the individual takes or uses the title “acupuncturist”.\nA person does not commit an offence against section 113 (2) (a) merely because the person takes or uses the title “acupuncturist” in relation to another person who is a registered health practitioner whose registration is endorsed under section 97 by a National Board as being qualified to practise as an acupuncturist.\n(sec.114-ssec.1) A registered health practitioner whose registration is endorsed under section 97 by a National Board as being qualified to practise as an acupuncturist does not commit an offence against section 113 (1) (a) merely because the individual takes or uses the title “acupuncturist”.\n(sec.114-ssec.2) A person does not commit an offence against section 113 (2) (a) merely because the person takes or uses the title “acupuncturist” in relation to another person who is a registered health practitioner whose registration is endorsed under section 97 by a National Board as being qualified to practise as an acupuncturist.","sortOrder":242},{"sectionNumber":"sec.115","sectionType":"section","heading":"Restriction on use of specialist titles","content":"### sec.115 Restriction on use of specialist titles\n\nA person must not knowingly or recklessly take or use—\nthe title “dental specialist” unless the person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or\nthe title “medical specialist” unless the person is registered in a recognised specialty in the medical profession; or\na specialist title for a recognised specialty unless the person is registered under this Law in the specialty.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nA person must not knowingly or recklessly take or use—\nthe title “dental specialist” in relation to another person unless the other person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or\nthe title “medical specialist” in relation to another person unless the person is registered in a recognised specialty in the medical profession; or\na specialist title for a recognised specialty in relation to another person unless the person is registered under this Law in the specialty.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nSubsection (1) applies whether or not the title is taken or used with or without any other words and whether in English or any other language.\nsch s 115 amd 2019 No. 3 s 9\n(sec.115-ssec.1) A person must not knowingly or recklessly take or use— the title “dental specialist” unless the person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or the title “medical specialist” unless the person is registered in a recognised specialty in the medical profession; or a specialist title for a recognised specialty unless the person is registered under this Law in the specialty. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000.\n(sec.115-ssec.2) A person must not knowingly or recklessly take or use— the title “dental specialist” in relation to another person unless the other person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or the title “medical specialist” in relation to another person unless the person is registered in a recognised specialty in the medical profession; or a specialist title for a recognised specialty in relation to another person unless the person is registered under this Law in the specialty. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000.\n(sec.115-ssec.3) Subsection (1) applies whether or not the title is taken or used with or without any other words and whether in English or any other language.\n- (a) the title “dental specialist” unless the person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or\n- (b) the title “medical specialist” unless the person is registered in a recognised specialty in the medical profession; or\n- (c) a specialist title for a recognised specialty unless the person is registered under this Law in the specialty.\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.\n- (a) the title “dental specialist” in relation to another person unless the other person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or\n- (b) the title “medical specialist” in relation to another person unless the person is registered in a recognised specialty in the medical profession; or\n- (c) a specialist title for a recognised specialty in relation to another person unless the person is registered under this Law in the specialty.\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.","sortOrder":243},{"sectionNumber":"sec.115A","sectionType":"section","heading":"Claims by persons as to membership of surgical class","content":"### sec.115A Claims by persons as to membership of surgical class\n\nA medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following—\ntake or use the title “surgeon”;\ntake or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class;\nclaim to be, or hold out as being, a member of a surgical class.\nMaximum penalty—$60,000 or 3 years imprisonment or both.\nA person must not knowingly or recklessly do any of the following in relation to a medical practitioner who is not a member of a surgical class—\ntake or use the title “surgeon” in relation to the practitioner;\ntake or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class;\nclaim the practitioner is, or hold the practitioner out as being, a member of a surgical class.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nSubsections (1) (a) and (2) (a) —\napply whether or not the title “surgeon” is taken or used with or without any other words and whether in English or any other language; but\ndo not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner—\nholds registration in the dentists division of the dental profession; or\nis permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.\nBefore making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to—\nany advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and\nthe surgical training required to be undertaken by members of the proposed class.\nIn this section—\nsurgical class means the following classes of medical practitioners—\na medical practitioner holding specialist registration in the recognised specialty of surgery;\na medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology;\na medical practitioner holding specialist registration in the recognised specialty of ophthalmology;\na medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word “surgeon” in a specialist title for the specialty;\nanother class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council.\nsch s 115A ins 2023 No. 22 s 4\n(sec.115A-ssec.1) A medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following— take or use the title “surgeon”; take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class; claim to be, or hold out as being, a member of a surgical class. Maximum penalty—$60,000 or 3 years imprisonment or both.\n(sec.115A-ssec.2) A person must not knowingly or recklessly do any of the following in relation to a medical practitioner who is not a member of a surgical class— take or use the title “surgeon” in relation to the practitioner; take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class; claim the practitioner is, or hold the practitioner out as being, a member of a surgical class. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000.\n(sec.115A-ssec.3) Subsections (1) (a) and (2) (a) — apply whether or not the title “surgeon” is taken or used with or without any other words and whether in English or any other language; but do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner— holds registration in the dentists division of the dental profession; or is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.\n(sec.115A-ssec.4) Before making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to— any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and the surgical training required to be undertaken by members of the proposed class.\n(sec.115A-ssec.5) In this section— surgical class means the following classes of medical practitioners— a medical practitioner holding specialist registration in the recognised specialty of surgery; a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology; a medical practitioner holding specialist registration in the recognised specialty of ophthalmology; a medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word “surgeon” in a specialist title for the specialty; another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council.\n- (a) take or use the title “surgeon”;\n- (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class;\n- (c) claim to be, or hold out as being, a member of a surgical class.\n- (a) take or use the title “surgeon” in relation to the practitioner;\n- (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class;\n- (c) claim the practitioner is, or hold the practitioner out as being, a member of a surgical class.\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.\n- (a) apply whether or not the title “surgeon” is taken or used with or without any other words and whether in English or any other language; but\n- (b) do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner— (i) holds registration in the dentists division of the dental profession; or (ii) is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.\n- (i) holds registration in the dentists division of the dental profession; or\n- (ii) is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.\n- (i) holds registration in the dentists division of the dental profession; or\n- (ii) is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.\n- (a) any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and\n- (b) the surgical training required to be undertaken by members of the proposed class.\n- (a) a medical practitioner holding specialist registration in the recognised specialty of surgery;\n- (b) a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology;\n- (c) a medical practitioner holding specialist registration in the recognised specialty of ophthalmology;\n- (d) a medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word “surgeon” in a specialist title for the specialty;\n- (e) another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council.","sortOrder":244},{"sectionNumber":"sec.116","sectionType":"section","heading":"Claims by persons as to registration as health practitioner","content":"### sec.116 Claims by persons as to registration as health practitioner\n\nA person who is not a registered health practitioner must not knowingly or recklessly—\ntake or use the title of “registered health practitioner”, whether with or without any other words; or\ntake or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—\nthe person is a health practitioner; or\nthe person is authorised or qualified to practise in a health profession; or\nclaim to be registered under this Law or hold himself or herself out as being registered under this Law; or\nclaim to be qualified to practise as a health practitioner.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nA person must not knowingly or recklessly—\ntake or use the title of “registered health practitioner”, whether with or without any other words, in relation to another person who is not a registered health practitioner; or\ntake or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—\nanother person is a health practitioner if the other person is not a health practitioner; or\nanother person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or\nclaim another person is registered under this Law, or hold the other person out as being registered under this Law, if the other person is not registered under this Law; or\nclaim another person is qualified to practise as a health practitioner if the other person is not a registered health practitioner.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nsch s 116 amd 2019 No. 3 s 10\n(sec.116-ssec.1) A person who is not a registered health practitioner must not knowingly or recklessly— take or use the title of “registered health practitioner”, whether with or without any other words; or take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— the person is a health practitioner; or the person is authorised or qualified to practise in a health profession; or claim to be registered under this Law or hold himself or herself out as being registered under this Law; or claim to be qualified to practise as a health practitioner. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000.\n(sec.116-ssec.2) A person must not knowingly or recklessly— take or use the title of “registered health practitioner”, whether with or without any other words, in relation to another person who is not a registered health practitioner; or take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— another person is a health practitioner if the other person is not a health practitioner; or another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or claim another person is registered under this Law, or hold the other person out as being registered under this Law, if the other person is not registered under this Law; or claim another person is qualified to practise as a health practitioner if the other person is not a registered health practitioner. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000.\n- (a) take or use the title of “registered health practitioner”, whether with or without any other words; or\n- (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) the person is a health practitioner; or (ii) the person is authorised or qualified to practise in a health profession; or\n- (i) the person is a health practitioner; or\n- (ii) the person is authorised or qualified to practise in a health profession; or\n- (c) claim to be registered under this Law or hold himself or herself out as being registered under this Law; or\n- (d) claim to be qualified to practise as a health practitioner.\n- (i) the person is a health practitioner; or\n- (ii) the person is authorised or qualified to practise in a health profession; or\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.\n- (a) take or use the title of “registered health practitioner”, whether with or without any other words, in relation to another person who is not a registered health practitioner; or\n- (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) another person is a health practitioner if the other person is not a health practitioner; or (ii) another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or\n- (i) another person is a health practitioner if the other person is not a health practitioner; or\n- (ii) another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or\n- (c) claim another person is registered under this Law, or hold the other person out as being registered under this Law, if the other person is not registered under this Law; or\n- (d) claim another person is qualified to practise as a health practitioner if the other person is not a registered health practitioner.\n- (i) another person is a health practitioner if the other person is not a health practitioner; or\n- (ii) another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.","sortOrder":245},{"sectionNumber":"sec.117","sectionType":"section","heading":"Claims by persons as to registration in particular profession or division","content":"### sec.117 Claims by persons as to registration in particular profession or division\n\nA registered health practitioner must not knowingly or recklessly—\nclaim to be registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered, or hold himself or herself out as being registered in a health profession or a division of a health profession if the person is not registered in that health profession or division; or\nclaim to be qualified to practise as a practitioner in a health profession or a division of a health profession in which the practitioner is not registered; or\ntake or use any title that could be reasonably understood to induce a belief the practitioner is registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered.\nA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nA person must not knowingly or recklessly—\nclaim another person is registered under this Law in a health profession or a division of a health profession in which the other person is not registered, or hold the other person out as being registered in a health profession or a division of a health profession if the other person is not registered in that health profession or division; or\nclaim another person is qualified to practise as a health practitioner in a health profession or division of a health profession in which the other person is not registered; or\ntake or use any title in relation to another person that could be reasonably understood to induce a belief the other person is registered under this Law in a health profession or a division of a health profession in which the person is not registered.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nA contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.\nsch s 117 amd 2019 No. 3 s 11 ; 2022 No. 22 s 87\n(sec.117-ssec.1) A registered health practitioner must not knowingly or recklessly— claim to be registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered, or hold himself or herself out as being registered in a health profession or a division of a health profession if the person is not registered in that health profession or division; or claim to be qualified to practise as a practitioner in a health profession or a division of a health profession in which the practitioner is not registered; or take or use any title that could be reasonably understood to induce a belief the practitioner is registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered.\n(sec.117-ssec.2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.117-ssec.3) A person must not knowingly or recklessly— claim another person is registered under this Law in a health profession or a division of a health profession in which the other person is not registered, or hold the other person out as being registered in a health profession or a division of a health profession if the other person is not registered in that health profession or division; or claim another person is qualified to practise as a health practitioner in a health profession or division of a health profession in which the other person is not registered; or take or use any title in relation to another person that could be reasonably understood to induce a belief the other person is registered under this Law in a health profession or a division of a health profession in which the person is not registered. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000. A contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.\n- (a) claim to be registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered, or hold himself or herself out as being registered in a health profession or a division of a health profession if the person is not registered in that health profession or division; or\n- (b) claim to be qualified to practise as a practitioner in a health profession or a division of a health profession in which the practitioner is not registered; or\n- (c) take or use any title that could be reasonably understood to induce a belief the practitioner is registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered.\n- (a) claim another person is registered under this Law in a health profession or a division of a health profession in which the other person is not registered, or hold the other person out as being registered in a health profession or a division of a health profession if the other person is not registered in that health profession or division; or\n- (b) claim another person is qualified to practise as a health practitioner in a health profession or division of a health profession in which the other person is not registered; or\n- (c) take or use any title in relation to another person that could be reasonably understood to induce a belief the other person is registered under this Law in a health profession or a division of a health profession in which the person is not registered.\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.","sortOrder":246},{"sectionNumber":"sec.118","sectionType":"section","heading":"Claims by persons as to specialist registration","content":"### sec.118 Claims by persons as to specialist registration\n\nA person who is not a specialist health practitioner must not knowingly or recklessly—\ntake or use the title of “specialist health practitioner”, whether with or without any other words; or\ntake or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—\nthe person is a specialist health practitioner; or\nthe person is authorised or qualified to practise in a recognised specialty; or\nclaim to be registered under this Law in a recognised specialty or hold himself or herself out as being registered under this Law in a recognised specialty; or\nclaim to be qualified to practise as a specialist health practitioner.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nA person must not knowingly or recklessly—\ntake or use the title of “specialist health practitioner”, whether with or without any other words, in relation to another person who is not a specialist health practitioner; or\ntake or use a title, name, initial, symbol, word or description in relation to another person who is not a specialist health practitioner that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—\nthe other person is a specialist health practitioner; or\nthe other person is authorised or qualified to practise in a recognised specialty; or\nclaim another person is registered under this Law in a recognised specialty or hold the other person out as being registered under this Law in a recognised specialty if the other person is not registered in that recognised specialty; or\nclaim another person is qualified to practise as a specialist health practitioner if the person is not a specialist health practitioner.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nA contravention of this section by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.\nsch s 118 amd 2017 No. 32 s 16 ; 2019 No. 3 s 12 ; 2022 No. 22 s 88\n(sec.118-ssec.1) A person who is not a specialist health practitioner must not knowingly or recklessly— take or use the title of “specialist health practitioner”, whether with or without any other words; or take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— the person is a specialist health practitioner; or the person is authorised or qualified to practise in a recognised specialty; or claim to be registered under this Law in a recognised specialty or hold himself or herself out as being registered under this Law in a recognised specialty; or claim to be qualified to practise as a specialist health practitioner. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000.\n(sec.118-ssec.2) A person must not knowingly or recklessly— take or use the title of “specialist health practitioner”, whether with or without any other words, in relation to another person who is not a specialist health practitioner; or take or use a title, name, initial, symbol, word or description in relation to another person who is not a specialist health practitioner that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— the other person is a specialist health practitioner; or the other person is authorised or qualified to practise in a recognised specialty; or claim another person is registered under this Law in a recognised specialty or hold the other person out as being registered under this Law in a recognised specialty if the other person is not registered in that recognised specialty; or claim another person is qualified to practise as a specialist health practitioner if the person is not a specialist health practitioner. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000. A contravention of this section by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.\n- (a) take or use the title of “specialist health practitioner”, whether with or without any other words; or\n- (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) the person is a specialist health practitioner; or (ii) the person is authorised or qualified to practise in a recognised specialty; or\n- (i) the person is a specialist health practitioner; or\n- (ii) the person is authorised or qualified to practise in a recognised specialty; or\n- (c) claim to be registered under this Law in a recognised specialty or hold himself or herself out as being registered under this Law in a recognised specialty; or\n- (d) claim to be qualified to practise as a specialist health practitioner.\n- (i) the person is a specialist health practitioner; or\n- (ii) the person is authorised or qualified to practise in a recognised specialty; or\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.\n- (a) take or use the title of “specialist health practitioner”, whether with or without any other words, in relation to another person who is not a specialist health practitioner; or\n- (b) take or use a title, name, initial, symbol, word or description in relation to another person who is not a specialist health practitioner that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) the other person is a specialist health practitioner; or (ii) the other person is authorised or qualified to practise in a recognised specialty; or\n- (i) the other person is a specialist health practitioner; or\n- (ii) the other person is authorised or qualified to practise in a recognised specialty; or\n- (c) claim another person is registered under this Law in a recognised specialty or hold the other person out as being registered under this Law in a recognised specialty if the other person is not registered in that recognised specialty; or\n- (d) claim another person is qualified to practise as a specialist health practitioner if the person is not a specialist health practitioner.\n- (i) the other person is a specialist health practitioner; or\n- (ii) the other person is authorised or qualified to practise in a recognised specialty; or\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.","sortOrder":247},{"sectionNumber":"sec.119","sectionType":"section","heading":"Claims about type of registration or registration in recognised specialty","content":"### sec.119 Claims about type of registration or registration in recognised specialty\n\nA registered health practitioner must not knowingly or recklessly—\nclaim to hold a type of registration or endorsement under this Law that the practitioner does not hold or hold himself or herself out as holding a type of registration or endorsement if the practitioner does not hold that type of registration; or\nclaim to be qualified to hold a type of registration or endorsement the practitioner does not hold; or\nclaim to hold specialist registration under this Law in a recognised specialty in which the practitioner does not hold specialist registration or hold himself or herself out as holding specialist registration in a recognised specialty if the person does not hold specialist registration in that specialty; or\nclaim to be qualified to practise as a specialist health practitioner in a recognised specialty in which the practitioner is not registered.\nA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nA person must not knowingly or recklessly—\nclaim another person holds a type of registration or endorsement under this Law that the other person does not hold or hold the other person out as holding a type of registration or endorsement if the practitioner does not hold that type of registration or endorsement; or\nclaim another person is qualified to hold a type of registration or endorsement that the other person does not hold; or\nclaim another person holds specialist registration under this Law in a recognised specialty which the other person does not hold or hold the other person out as holding specialist registration in a recognised specialty if the other person does not hold specialist registration in that specialty; or\nclaim another person is qualified to practise in a recognised specialty in which the other person is not registered.\nMaximum penalty—\nin the case of an individual—$60,000 or 3 years imprisonment or both; or\nin the case of a body corporate—$120,000.\nA contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.\nsch s 119 amd 2019 No. 3 s 13 ; 2022 No. 22 s 89\n(sec.119-ssec.1) A registered health practitioner must not knowingly or recklessly— claim to hold a type of registration or endorsement under this Law that the practitioner does not hold or hold himself or herself out as holding a type of registration or endorsement if the practitioner does not hold that type of registration; or claim to be qualified to hold a type of registration or endorsement the practitioner does not hold; or claim to hold specialist registration under this Law in a recognised specialty in which the practitioner does not hold specialist registration or hold himself or herself out as holding specialist registration in a recognised specialty if the person does not hold specialist registration in that specialty; or claim to be qualified to practise as a specialist health practitioner in a recognised specialty in which the practitioner is not registered.\n(sec.119-ssec.2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.119-ssec.3) A person must not knowingly or recklessly— claim another person holds a type of registration or endorsement under this Law that the other person does not hold or hold the other person out as holding a type of registration or endorsement if the practitioner does not hold that type of registration or endorsement; or claim another person is qualified to hold a type of registration or endorsement that the other person does not hold; or claim another person holds specialist registration under this Law in a recognised specialty which the other person does not hold or hold the other person out as holding specialist registration in a recognised specialty if the other person does not hold specialist registration in that specialty; or claim another person is qualified to practise in a recognised specialty in which the other person is not registered. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000. A contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.\n- (a) claim to hold a type of registration or endorsement under this Law that the practitioner does not hold or hold himself or herself out as holding a type of registration or endorsement if the practitioner does not hold that type of registration; or\n- (b) claim to be qualified to hold a type of registration or endorsement the practitioner does not hold; or\n- (c) claim to hold specialist registration under this Law in a recognised specialty in which the practitioner does not hold specialist registration or hold himself or herself out as holding specialist registration in a recognised specialty if the person does not hold specialist registration in that specialty; or\n- (d) claim to be qualified to practise as a specialist health practitioner in a recognised specialty in which the practitioner is not registered.\n- (a) claim another person holds a type of registration or endorsement under this Law that the other person does not hold or hold the other person out as holding a type of registration or endorsement if the practitioner does not hold that type of registration or endorsement; or\n- (b) claim another person is qualified to hold a type of registration or endorsement that the other person does not hold; or\n- (c) claim another person holds specialist registration under this Law in a recognised specialty which the other person does not hold or hold the other person out as holding specialist registration in a recognised specialty if the other person does not hold specialist registration in that specialty; or\n- (d) claim another person is qualified to practise in a recognised specialty in which the other person is not registered.\n- (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or\n- (b) in the case of a body corporate—$120,000.","sortOrder":248},{"sectionNumber":"sec.120","sectionType":"section","heading":"Registered health practitioner registered on conditions","content":"### sec.120 Registered health practitioner registered on conditions\n\nA registered health practitioner who is registered on conditions must not knowingly or recklessly claim, or hold himself or herself out, to be registered without the conditions or any conditions.\nA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.120-ssec.1) A registered health practitioner who is registered on conditions must not knowingly or recklessly claim, or hold himself or herself out, to be registered without the conditions or any conditions.\n(sec.120-ssec.2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.","sortOrder":249},{"sectionNumber":"sec.121","sectionType":"section","heading":"Restricted dental acts","content":"### sec.121 Restricted dental acts\n\nA person must not carry out a restricted dental act unless the person—\nis registered in the dental profession or medical profession and carries out the restricted dental act in accordance with any requirements specified in an approved registration standard; or\nis a student who carries out the restricted dental act in the course of activities undertaken as part of—\nan approved program of study for the dental profession or medical profession; or\nclinical training in the dental profession or medical profession; or\ncarries out the restricted dental act in the course of carrying out technical work on the written order of a person registered in the dentists or dental prosthetists division of the dental profession; or\nis a person, or a member of a class of persons, prescribed under a regulation as being authorised to carry out the restricted dental act or restricted dental acts generally.\nMaximum penalty—$60,000 or 3 years imprisonment or both.\nIn this section—\nrestricted dental act means any of the following acts—\nperforming any irreversible procedure on the human teeth or jaw or associated structures;\ncorrecting malpositions of the human teeth or jaw or associated structures;\nfitting or intra-orally adjusting artificial teeth or corrective or restorative dental appliances for a person;\nperforming any irreversible procedure on, or the giving of any treatment or advice to, a person that is preparatory to or for the purpose of fitting, inserting, adjusting, fixing, constructing, repairing or renewing artificial dentures or a restorative dental appliance.\ntechnical work means the mechanical construction or the renewal or repair of artificial dentures or restorative dental appliances.\nsch s 121 amd 2019 No. 3 s 14\n(sec.121-ssec.1) A person must not carry out a restricted dental act unless the person— is registered in the dental profession or medical profession and carries out the restricted dental act in accordance with any requirements specified in an approved registration standard; or is a student who carries out the restricted dental act in the course of activities undertaken as part of— an approved program of study for the dental profession or medical profession; or clinical training in the dental profession or medical profession; or carries out the restricted dental act in the course of carrying out technical work on the written order of a person registered in the dentists or dental prosthetists division of the dental profession; or is a person, or a member of a class of persons, prescribed under a regulation as being authorised to carry out the restricted dental act or restricted dental acts generally. Maximum penalty—$60,000 or 3 years imprisonment or both.\n(sec.121-ssec.2) In this section— restricted dental act means any of the following acts— performing any irreversible procedure on the human teeth or jaw or associated structures; correcting malpositions of the human teeth or jaw or associated structures; fitting or intra-orally adjusting artificial teeth or corrective or restorative dental appliances for a person; performing any irreversible procedure on, or the giving of any treatment or advice to, a person that is preparatory to or for the purpose of fitting, inserting, adjusting, fixing, constructing, repairing or renewing artificial dentures or a restorative dental appliance. technical work means the mechanical construction or the renewal or repair of artificial dentures or restorative dental appliances.\n- (a) is registered in the dental profession or medical profession and carries out the restricted dental act in accordance with any requirements specified in an approved registration standard; or\n- (b) is a student who carries out the restricted dental act in the course of activities undertaken as part of— (i) an approved program of study for the dental profession or medical profession; or (ii) clinical training in the dental profession or medical profession; or\n- (i) an approved program of study for the dental profession or medical profession; or\n- (ii) clinical training in the dental profession or medical profession; or\n- (c) carries out the restricted dental act in the course of carrying out technical work on the written order of a person registered in the dentists or dental prosthetists division of the dental profession; or\n- (d) is a person, or a member of a class of persons, prescribed under a regulation as being authorised to carry out the restricted dental act or restricted dental acts generally.\n- (i) an approved program of study for the dental profession or medical profession; or\n- (ii) clinical training in the dental profession or medical profession; or\n- (a) performing any irreversible procedure on the human teeth or jaw or associated structures;\n- (b) correcting malpositions of the human teeth or jaw or associated structures;\n- (c) fitting or intra-orally adjusting artificial teeth or corrective or restorative dental appliances for a person;\n- (d) performing any irreversible procedure on, or the giving of any treatment or advice to, a person that is preparatory to or for the purpose of fitting, inserting, adjusting, fixing, constructing, repairing or renewing artificial dentures or a restorative dental appliance.","sortOrder":250},{"sectionNumber":"sec.122","sectionType":"section","heading":"Restriction on prescription of optical appliances","content":"### sec.122 Restriction on prescription of optical appliances\n\nA person must not prescribe an optical appliance unless—\nthe person is an optometrist or medical practitioner; or\nthe appliance is spectacles and the person is an orthoptist who—\nprescribes the spectacles in the course of carrying out duties at a public health facility; or\nprescribes the spectacles under the supervision of an optometrist or medical practitioner; or\nprescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or\nthe person is a person, or a member of a class of persons, prescribed under a regulation as being authorised to prescribe an optical appliance of that type or to prescribe optical appliances generally.\nMaximum penalty—$60,000 or 3 years imprisonment or both.\nIn this section—\noptical appliance means—\nany appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or\ncontact lenses, whether or not designed to correct, remedy or relieve 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 Orthoptists kept by the Australian Orthoptists Registration Body Pty Ltd (ACN 095 11 7 678).\nsch s 122 amd 2019 No. 3 s 15\n(sec.122-ssec.1) A person must not prescribe an optical appliance unless— the person is an optometrist or medical practitioner; or the appliance is spectacles and the person is an orthoptist who— prescribes the spectacles in the course of carrying out duties at a public health facility; or prescribes the spectacles under the supervision of an optometrist or medical practitioner; or prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or the person is a person, or a member of a class of persons, prescribed under a regulation as being authorised to prescribe an optical appliance of that type or to prescribe optical appliances generally. Maximum penalty—$60,000 or 3 years imprisonment or both.\n(sec.122-ssec.2) In this section— optical appliance means— any appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or contact lenses, whether or not designed to correct, remedy or relieve any refractive abnormality or defect of sight. optometrist means a person registered in the optometry profession. orthoptist means a person whose name is recorded in the Register of Orthoptists kept by the Australian Orthoptists Registration Body Pty Ltd (ACN 095 11 7 678).\n- (a) the person is an optometrist or medical practitioner; or\n- (b) the appliance is spectacles and the person is an orthoptist who— (i) prescribes the spectacles in the course of carrying out duties at a public health facility; or (ii) prescribes the spectacles under the supervision of an optometrist or medical practitioner; or (iii) prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or\n- (i) prescribes the spectacles in the course of carrying out duties at a public health facility; or\n- (ii) prescribes the spectacles under the supervision of an optometrist or medical practitioner; or\n- (iii) prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or\n- (c) the person is a person, or a member of a class of persons, prescribed under a regulation as being authorised to prescribe an optical appliance of that type or to prescribe optical appliances generally.\n- (i) prescribes the spectacles in the course of carrying out duties at a public health facility; or\n- (ii) prescribes the spectacles under the supervision of an optometrist or medical practitioner; or\n- (iii) prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or\n- (a) any appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or\n- (b) contact lenses, whether or not designed to correct, remedy or relieve any refractive abnormality or defect of sight.","sortOrder":251},{"sectionNumber":"sec.123","sectionType":"section","heading":"Restriction on spinal manipulation","content":"### sec.123 Restriction on spinal manipulation\n\nA person must not perform manipulation of the cervical spine unless the person—\nis registered in an appropriate health profession; or\nis a student who performs manipulation of the cervical spine in the course of activities undertaken as part of—\nan approved program of study in an appropriate health profession; or\nclinical training in an appropriate health profession; or\nis a person, or a member of a class of persons, prescribed under a regulation as being authorised to perform manipulation of the cervical spine.\nMaximum penalty—$60,000 or 3 years imprisonment or both.\nIn this section—\nappropriate health profession means any of the following health professions—\nchiropractic;\nosteopathy;\nmedical;\nphysiotherapy.\nmanipulation of the cervical spine means moving the joints of the cervical spine beyond a person’s usual physiological range of motion using a high velocity, low amplitude thrust.\nsch s 123 amd 2019 No. 3 s 16\n(sec.123-ssec.1) A person must not perform manipulation of the cervical spine unless the person— is registered in an appropriate health profession; or is a student who performs manipulation of the cervical spine in the course of activities undertaken as part of— an approved program of study in an appropriate health profession; or clinical training in an appropriate health profession; or is a person, or a member of a class of persons, prescribed under a regulation as being authorised to perform manipulation of the cervical spine. Maximum penalty—$60,000 or 3 years imprisonment or both.\n(sec.123-ssec.2) In this section— appropriate health profession means any of the following health professions— chiropractic; osteopathy; medical; physiotherapy. manipulation of the cervical spine means moving the joints of the cervical spine beyond a person’s usual physiological range of motion using a high velocity, low amplitude thrust.\n- (a) is registered in an appropriate health profession; or\n- (b) is a student who performs manipulation of the cervical spine in the course of activities undertaken as part of— (i) an approved program of study in an appropriate health profession; or (ii) clinical training in an appropriate health profession; or\n- (i) an approved program of study in an appropriate health profession; or\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 a regulation as being authorised to perform manipulation of the cervical spine.\n- (i) an approved program of study in an appropriate health profession; or\n- (ii) clinical training in an appropriate health profession; or\n- (a) chiropractic;\n- (b) osteopathy;\n- (c) medical;\n- (d) physiotherapy.","sortOrder":252},{"sectionNumber":"sch-inc-pt.7-div.11","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":253},{"sectionNumber":"sec.124","sectionType":"section","heading":"Issue of certificate of registration","content":"### sec.124 Issue of certificate of registration\n\nThis section applies if—\na National Board decides to register an individual in a health profession for which the Board is established; or\na National Board decides to renew an individual’s registration in a health profession for which the Board is established; or\na National Board or an adjudication body decides to impose, change or remove a condition on a registered health practitioner’s registration or otherwise change the practitioner’s registration in a material way; or\na National Board or an adjudication body decides to accept an undertaking from a registered health practitioner or to change or revoke an undertaking given by the practitioner; or\na National Board decides to endorse a health practitioner’s registration.\nThe National Board must, as soon as practicable after the decision is made, give the registered health practitioner a certificate of registration in the form decided by the Board.\nA certificate of registration must include the following—\nthe name of the registered health practitioner;\nany alternative name for the practitioner that has been notified to the National Board under section 131A , unless—\nthe alternative name is a prohibited name; and\nthe National Board has decided under section 131A (2) (b) to refuse to include the name on the registered health practitioner’s certificate of registration;\nthe type of registration granted and, if the registration is endorsed, the type of endorsement granted;\nthe date the registration or endorsement was granted;\nthe division of the register, if any, in which the practitioner is registered;\nany condition to which the registration or endorsement is subject;\nany undertaking given by the practitioner to the National Board;\nthe date the registration expires;\nany other information the Board considers appropriate.\nsch s 124 amd 2017 No. 32 s 87 (1) s ch 1 pt 1 ; 2022 No. 22 s 112\n(sec.124-ssec.1) This section applies if— a National Board decides to register an individual in a health profession for which the Board is established; or a National Board decides to renew an individual’s registration in a health profession for which the Board is established; or a National Board or an adjudication body decides to impose, change or remove a condition on a registered health practitioner’s registration or otherwise change the practitioner’s registration in a material way; or a National Board or an adjudication body decides to accept an undertaking from a registered health practitioner or to change or revoke an undertaking given by the practitioner; or a National Board decides to endorse a health practitioner’s registration.\n(sec.124-ssec.2) The National Board must, as soon as practicable after the decision is made, give the registered health practitioner a certificate of registration in the form decided by the Board.\n(sec.124-ssec.3) A certificate of registration must include the following— the name of the registered health practitioner; any alternative name for the practitioner that has been notified to the National Board under section 131A , unless— the alternative name is a prohibited name; and the National Board has decided under section 131A (2) (b) to refuse to include the name on the registered health practitioner’s certificate of registration; the type of registration granted and, if the registration is endorsed, the type of endorsement granted; the date the registration or endorsement was granted; the division of the register, if any, in which the practitioner is registered; any condition to which the registration or endorsement is subject; any undertaking given by the practitioner to the National Board; the date the registration expires; any other information the Board considers appropriate. sch s 124 amd 2017 No. 32 s 87 (1) s ch 1 pt 1 ; 2022 No. 22 s 112\n- (a) a National Board decides to register an individual in a health profession for which the Board is established; or\n- (b) a National Board decides to renew an individual’s registration in a health profession for which the Board is established; or\n- (c) a National Board or an adjudication body decides to impose, change or remove a condition on a registered health practitioner’s registration or otherwise change the practitioner’s registration in a material way; or\n- (d) a National Board or an adjudication body decides to accept an undertaking from a registered health practitioner or to change or revoke an undertaking given by the practitioner; or\n- (e) a National Board decides to endorse a health practitioner’s registration.\n- (a) the name of the registered health practitioner;\n- (aa) any alternative name for the practitioner that has been notified to the National Board under section 131A , unless— (i) the alternative name is a prohibited name; and (ii) the National Board has decided under section 131A (2) (b) to refuse to include the name on the registered health practitioner’s certificate of registration;\n- (i) the alternative name is a prohibited name; and\n- (ii) the National Board has decided under section 131A (2) (b) to refuse to include the name on the registered health practitioner’s certificate of registration;\n- (b) the type of registration granted and, if the registration is endorsed, 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 registered;\n- (e) any condition to which the registration or endorsement is subject;\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- (i) the alternative name is a prohibited name; and\n- (ii) the National Board has decided under section 131A (2) (b) to refuse to include the name on the registered health practitioner’s certificate of registration;","sortOrder":254},{"sectionNumber":"sec.125","sectionType":"section","heading":"Changing or removing conditions or undertaking on application by registered health practitioner or student","content":"### sec.125 Changing or removing conditions or undertaking on application by registered health practitioner or student\n\nA registered health practitioner or student may apply to a National Board established for the practitioner’s or student’s health profession—\nfor a registered health practitioner—\nto change or remove a condition imposed on the practitioner’s registration or endorsement; or\nto change or revoke an undertaking given by the practitioner; or\nfor a student—\nto change or remove a condition imposed on the student’s registration; or\nto change or revoke an undertaking given by the student to the Board.\nHowever, the registered health practitioner or student may not make an application—\nduring a review period applying to the condition or undertaking, unless the practitioner or student reasonably believes there has been a material change in the practitioner’s or student’s circumstances; or\nfor a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.\nAn application under subsection (1) must—\nbe in the form approved by the National Board; and\nbe accompanied by any other information reasonably required by the Board.\nFor the purposes of deciding the application, the National Board may exercise a power under section 80 as if the application were an application for registration as a registered health practitioner.\nThe National Board must decide to grant the application or refuse to grant the application.\nIf the National Board’s decision results in the registration or endorsement being subject to a condition, or an undertaking is still in place, the Board may decide a review period for the condition or undertaking.\nAs soon as practicable after making the decision under subsection (5) , the National Board must give written notice to the registered health practitioner or student of—\nthe decision; and\nif the Board has decided a review period for a condition or undertaking—details of the review period.\nIf the National Board decides to refuse to grant the application, the notice must state—\nthe decision made by the Board; and\nthat the registered health practitioner or student may appeal against the decision; and\nhow an application for appeal may be made and the period within which the application must be made.\nsch s 125 amd 2017 No. 32 ss 17, 87(1) s ch 1 pt 1\n(sec.125-ssec.1) A registered health practitioner or student may apply to a National Board established for the practitioner’s or student’s health profession— for a registered health practitioner— to change or remove a condition imposed on the practitioner’s registration or endorsement; or to change or revoke an undertaking given by the practitioner; or for a student— to change or remove a condition imposed on the student’s registration; or to change or revoke an undertaking given by the student to the Board.\n(sec.125-ssec.2) However, the registered health practitioner or student may not make an application— during a review period applying to the condition or undertaking, unless the practitioner or student reasonably believes there has been a material change in the practitioner’s or student’s circumstances; or for a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.\n(sec.125-ssec.3) An application under subsection (1) must— be in the form approved by the National Board; and be accompanied by any other information reasonably required by the Board.\n(sec.125-ssec.4) For the purposes of deciding the application, the National Board may exercise a power under section 80 as if the application were an application for registration as a registered health practitioner.\n(sec.125-ssec.5) The National Board must decide to grant the application or refuse to grant the application.\n(sec.125-ssec.6) If the National Board’s decision results in the registration or endorsement being subject to a condition, or an undertaking is still in place, the Board may decide a review period for the condition or undertaking.\n(sec.125-ssec.6A) As soon as practicable after making the decision under subsection (5) , the National Board must give written notice to the registered health practitioner or student of— the decision; and if the Board has decided a review period for a condition or undertaking—details of the review period.\n(sec.125-ssec.7) If the National Board decides to refuse to grant the application, the notice must state— the decision made by the Board; and that the registered health practitioner or student may appeal against the decision; and how an application for appeal may be made and the period within which the application must be made.\n- (a) for a registered health practitioner— (i) to change or remove a condition imposed on the practitioner’s registration or endorsement; or (ii) to change or revoke an undertaking given by the practitioner; or\n- (i) to change or remove a condition imposed on the practitioner’s registration or endorsement; or\n- (ii) to change or revoke an undertaking given by the practitioner; or\n- (b) for a student— (i) to change or remove a condition imposed on the student’s registration; or (ii) to change or revoke an undertaking given by the student to the Board.\n- (i) to change or remove a condition imposed on the student’s registration; or\n- (ii) to change or revoke an undertaking given by the student to the Board.\n- (i) to change or remove a condition imposed on the practitioner’s registration or endorsement; or\n- (ii) to change or revoke an undertaking given by the practitioner; or\n- (i) to change or remove a condition imposed on the student’s registration; or\n- (ii) to change or revoke an undertaking given by the student to the Board.\n- (a) during a review period applying to the condition or undertaking, unless the practitioner or student reasonably believes there has been a material change in the practitioner’s or student’s circumstances; or\n- (b) for a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.\n- (a) be in the form approved by the National Board; and\n- (b) be accompanied by any other information reasonably required by the Board.\n- (a) the decision; and\n- (b) if the Board has decided a review period for a condition or undertaking—details of the review period.\n- (a) the decision made by the Board; and\n- (b) that the registered health practitioner or student may appeal against the decision; and\n- (c) how an application for appeal may be made and the period within which the application must be made.","sortOrder":255},{"sectionNumber":"sec.126","sectionType":"section","heading":"Changing conditions on Board’s initiative","content":"### sec.126 Changing conditions on Board’s initiative\n\nThis section applies if a National Board established for a health profession reasonably believes it is necessary to change a condition imposed on—\nfor a registered health practitioner registered in the health profession—the practitioner’s registration or endorsement; or\nfor a student registered in the health profession—the student’s registration.\nThe National Board must give the registered health practitioner or student a written notice stating—\nthat the Board proposes to change the condition; and\nhow the Board proposes to change the condition; and\nthe reason for the proposed change; and\nthat the practitioner or student may, within 30 days after receipt of the notice, make written or verbal submissions to the Board about why the condition should not be changed.\nHowever, the condition may not be changed—\nduring a review period applying to the condition, unless the National Board reasonably believes there has been a material change in the registered health practitioner’s or student’s circumstances; or\nif the condition was imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.\nThe registered health practitioner or student may make written or verbal submissions about the proposed change to the condition as stated in the notice.\nThe National Board must consider any submissions made under subsection (4) and decide whether or not to change the condition.\nIf the National Board’s decision results in the registration or endorsement being subject to a condition, the Board may decide a review period for the condition.\nAs soon as practicable after making the decision under subsection (5) , the National Board must give written notice to the registered health practitioner or student of—\nthe decision; and\nif the Board has decided a review period for a condition—details of the review period.\nIf the National Board decides to change the condition, the notice must state—\nthe decision made by the Board; and\nthat the registered health practitioner or student may appeal against the decision; and\nhow an application for appeal may be made and the period within which the application must be made.\nsch s 126 amd 2017 No. 32 ss 18, 87(1) s ch 1 pt 1 ; 2022 No. 22 s 67\n(sec.126-ssec.1) This section applies if a National Board established for a health profession reasonably believes it is necessary to change a condition imposed on— for a registered health practitioner registered in the health profession—the practitioner’s registration or endorsement; or for a student registered in the health profession—the student’s registration.\n(sec.126-ssec.2) The National Board must give the registered health practitioner or student a written notice stating— that the Board proposes to change the condition; and how the Board proposes to change the condition; and the reason for the proposed change; and that the practitioner or student may, within 30 days after receipt of the notice, make written or verbal submissions to the Board about why the condition should not be changed.\n(sec.126-ssec.3) However, the condition may not be changed— during a review period applying to the condition, unless the National Board reasonably believes there has been a material change in the registered health practitioner’s or student’s circumstances; or if the condition was imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.\n(sec.126-ssec.4) The registered health practitioner or student may make written or verbal submissions about the proposed change to the condition as stated in the notice.\n(sec.126-ssec.5) The National Board must consider any submissions made under subsection (4) and decide whether or not to change the condition.\n(sec.126-ssec.6) If the National Board’s decision results in the registration or endorsement being subject to a condition, the Board may decide a review period for the condition.\n(sec.126-ssec.6A) As soon as practicable after making the decision under subsection (5) , the National Board must give written notice to the registered health practitioner or student of— the decision; and if the Board has decided a review period for a condition—details of the review period.\n(sec.126-ssec.7) If the National Board decides to change the condition, the notice must state— the decision made by the Board; and that the registered health practitioner or student may appeal against the decision; and how an application for appeal may be made and the period within which the application must be made.\n- (a) for a registered health practitioner registered in the health profession—the practitioner’s registration or endorsement; or\n- (b) for a student registered in the health profession—the student’s registration.\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 of the notice, make written or verbal submissions to the Board about why the condition should not be changed.\n- (a) during a review period applying to the condition, unless the National Board reasonably believes there has been a material change in the registered health practitioner’s or student’s circumstances; or\n- (b) if the condition was imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.\n- (a) the decision; and\n- (b) if the Board has decided a review period for a condition—details of the review period.\n- (a) the decision made by the Board; and\n- (b) that the registered health practitioner or student may appeal against the decision; and\n- (c) how an application for appeal may be made and the period within which the application must be made.","sortOrder":256},{"sectionNumber":"sec.127","sectionType":"section","heading":"Removal of condition or revocation of undertaking","content":"### sec.127 Removal of condition or revocation of undertaking\n\nThis section applies if a National Board established for a health profession reasonably believes the following is no longer necessary—\nfor a registered health practitioner registered in the health profession—\na condition imposed on the practitioner’s registration or endorsement; or\nan undertaking given to the Board by the practitioner;\nfor a student registered in the health profession—\na condition imposed on the student’s registration; or\nan undertaking given to the Board by the student.\nThe National Board may decide to remove the condition or revoke the undertaking.\nHowever, the condition or undertaking may not be removed or revoked—\nduring a review period applying to the condition or undertaking, unless the National Board reasonably believes there has been a material change in the registered health practitioner’s or student’s circumstances; or\nfor a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition, that this Subdivision applied to the condition.\nAs soon as practicable after making the decision the National Board must give notice of the decision to the registered health practitioner or student.\nThe decision takes effect on the date stated in the notice.\nsch s 127 amd 2017 No. 32 s 87 (1) s ch 1 pt 1 ; 2022 No. 22 s 68\n(sec.127-ssec.1) This section applies if a National Board established for a health profession reasonably believes the following is no longer necessary— for a registered health practitioner registered in the health profession— a condition imposed on the practitioner’s registration or endorsement; or an undertaking given to the Board by the practitioner; for a student registered in the health profession— a condition imposed on the student’s registration; or an undertaking given to the Board by the student.\n(sec.127-ssec.2) The National Board may decide to remove the condition or revoke the undertaking.\n(sec.127-ssec.3) However, the condition or undertaking may not be removed or revoked— during a review period applying to the condition or undertaking, unless the National Board reasonably believes there has been a material change in the registered health practitioner’s or student’s circumstances; or for a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition, that this Subdivision applied to the condition.\n(sec.127-ssec.4) As soon as practicable after making the decision the National Board must give notice of the decision to the registered health practitioner or student.\n(sec.127-ssec.5) The decision takes effect on the date stated in the notice.\n- (a) for a registered health practitioner registered in the health profession— (i) a condition imposed on the practitioner’s registration or endorsement; or (ii) an undertaking given to the Board by the practitioner;\n- (i) a condition imposed on the practitioner’s registration or endorsement; or\n- (ii) an undertaking given to the Board by the practitioner;\n- (b) for a student registered in the health profession— (i) a condition imposed on the student’s registration; or (ii) an undertaking given to the Board by the student.\n- (i) a condition imposed on the student’s registration; or\n- (ii) an undertaking given to the Board by the student.\n- (i) a condition imposed on the practitioner’s registration or endorsement; or\n- (ii) an undertaking given to the Board by the practitioner;\n- (i) a condition imposed on the student’s registration; or\n- (ii) an undertaking given to the Board by the student.\n- (a) during a review period applying to the condition or undertaking, unless the National Board reasonably believes there has been a material change in the registered health practitioner’s or student’s circumstances; or\n- (b) for a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition, that this Subdivision applied to the condition.","sortOrder":257},{"sectionNumber":"sec.127A","sectionType":"section","heading":"When matters under this subdivision may be decided by review body of a co-regulatory jurisdiction","content":"### sec.127A When matters under this subdivision may be decided by review body of a co-regulatory jurisdiction\n\nThis section applies if—\na condition has been imposed on a registered health practitioner’s or student’s registration or endorsement, or an undertaking has been given by the practitioner or student; and\na change or removal of the condition, or change or revocation of the undertaking, would usually be decided under this Subdivision; and\nthe National Board that imposed the condition, or to which the undertaking was given, considers the change or removal, or change or revocation, should be decided by a review body of a co-regulatory jurisdiction.\nThe National Board may—\ndecide that any change or removal, or change or revocation, may be decided by the review body of a co-regulatory jurisdiction; and\ngive any relevant documents or information held by the Board to the review body.\nIf a review body of a co-regulatory jurisdiction agrees to decide a matter instead of the Board, the review body must decide the matter under the laws of that jurisdiction.\nIn this section—\nreview body means an entity declared by an Act or regulation of a co-regulatory jurisdiction to be a review body for this section.\nsch s 127A ins 2017 No. 32 s 19\namd 2022 No. 22 s 120\n(sec.127A-ssec.1) This section applies if— a condition has been imposed on a registered health practitioner’s or student’s registration or endorsement, or an undertaking has been given by the practitioner or student; and a change or removal of the condition, or change or revocation of the undertaking, would usually be decided under this Subdivision; and the National Board that imposed the condition, or to which the undertaking was given, considers the change or removal, or change or revocation, should be decided by a review body of a co-regulatory jurisdiction.\n(sec.127A-ssec.2) The National Board may— decide that any change or removal, or change or revocation, may be decided by the review body of a co-regulatory jurisdiction; and give any relevant documents or information held by the Board to the review body.\n(sec.127A-ssec.3) If a review body of a co-regulatory jurisdiction agrees to decide a matter instead of the Board, the review body must decide the matter under the laws of that jurisdiction.\n(sec.127A-ssec.4) In this section— review body means an entity declared by an Act or regulation of a co-regulatory jurisdiction to be a review body for this section.\n- (a) a condition has been imposed on a registered health practitioner’s or student’s registration or endorsement, or an undertaking has been given by the practitioner or student; and\n- (b) a change or removal of the condition, or change or revocation of the undertaking, would usually be decided under this Subdivision; and\n- (c) the National Board that imposed the condition, or to which the undertaking was given, considers the change or removal, or change or revocation, should be decided by a review body of a co-regulatory jurisdiction.\n- (a) decide that any change or removal, or change or revocation, may be decided by the review body of a co-regulatory jurisdiction; and\n- (b) give any relevant documents or information held by the Board to the review body.","sortOrder":258},{"sectionNumber":"sec.128","sectionType":"section","heading":"Continuing professional development","content":"### sec.128 Continuing professional development\n\nA registered health practitioner must undertake the continuing professional development required by an approved registration standard for the health profession in which the practitioner is registered.\nA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nIn this section—\nregistered health practitioner does not include a registered health practitioner who holds non-practising registration in the profession.\n(sec.128-ssec.1) A registered health practitioner must undertake the continuing professional development required by an approved registration standard for the health profession in which the practitioner is registered.\n(sec.128-ssec.2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.128-ssec.3) In this section— registered health practitioner does not include a registered health practitioner who holds non-practising registration in the profession.","sortOrder":259},{"sectionNumber":"sec.129","sectionType":"section","heading":"Professional indemnity insurance arrangements","content":"### sec.129 Professional indemnity insurance arrangements\n\nA registered health practitioner must not practise the health profession in which the practitioner is registered unless appropriate professional indemnity insurance arrangements are in force in relation to the practitioner’s practice of the profession.\nA National Board may, at any time by written notice, require a registered health practitioner registered in a health profession for which the Board is established to give the Board evidence of the appropriate professional indemnity insurance arrangements that are in force in relation to the practitioner’s practice of the profession.\nA registered health practitioner must not, without reasonable excuse, fail to comply with a written notice given to the practitioner under subsection (2) .\nA contravention of subsection (1) or (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nIn this section—\nregistered health practitioner does not include a registered health practitioner who holds non-practising registration in the profession.\nsch s 129 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.129-ssec.1) A registered health practitioner must not practise the health profession in which the practitioner is registered unless appropriate professional indemnity insurance arrangements are in force in relation to the practitioner’s practice of the profession.\n(sec.129-ssec.2) A National Board may, at any time by written notice, require a registered health practitioner registered in a health profession for which the Board is established to give the Board evidence of the appropriate professional indemnity insurance arrangements that are in force in relation to the practitioner’s practice of the profession.\n(sec.129-ssec.3) A registered health practitioner must not, without reasonable excuse, fail to comply with a written notice given to the practitioner under subsection (2) .\n(sec.129-ssec.4) A contravention of subsection (1) or (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.129-ssec.5) In this section— registered health practitioner does not include a registered health practitioner who holds non-practising registration in the profession.","sortOrder":260},{"sectionNumber":"sec.130","sectionType":"section","heading":"Registered health practitioner or student to give National Board notice of certain events","content":"### sec.130 Registered health practitioner or student to give National Board notice of certain events\n\nA registered health practitioner or student must, within 7 days after becoming aware that a relevant event has occurred in relation to the practitioner or student, give the National Board established for the practitioner’s or student’s health profession written notice of the event.\nA contravention of subsection (1) by a registered health practitioner or student does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nTo avoid doubt, a registered health practitioner is not required to give the National Board written notice of an event within the meaning of paragraphs (e) or (f) of the definition of relevant event if the notification is prohibited by the Health Insurance Act 1973 of the Commonwealth.\nIn this section—\nrelevant event , in relation to a registered health practitioner, means—\nthe practitioner is charged with—\na scheduled medicine offence; or\nan offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or\nthe practitioner is convicted of or is the subject of a finding of guilt for—\na scheduled medicine offence; or\nan offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or\nappropriate professional indemnity insurance arrangements are no longer in place in relation to the practitioner’s practice of the profession; or\nthe practitioner’s right to practise at a hospital or another facility at which health services are provided is withdrawn or restricted because of the practitioner’s conduct, professional performance or health; or\nthe practitioner is disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth because of the practitioner’s conduct, professional performance or health; or\nthe practitioner is subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contains a direction under section 106U (1) (g) or (h) of that Act that the practitioner be disqualified because of the practitioner’s conduct, professional performance or health; or\nthe practitioner’s authority under a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or\na complaint is made about the practitioner to an entity referred to in section 219 (1) (a) to (e) ; or\nthe practitioner’s registration under the law of another country that provides for the registration of health practitioners is suspended or cancelled or made subject to a condition or another restriction.\nrelevant event , in relation to a student, means—\nthe student is charged with—\na scheduled medicine offence; or\nan offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or\nthe student is convicted of or is the subject of a finding of guilt for—\na scheduled medicine offence; or\nan offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or\nthe student’s registration under the law of another country that provides for the registration of students has been suspended or cancelled.\nscheduled medicine offence means an offence against a law of a participating jurisdiction—\nif—\nthe law regulates the authority of registered health practitioners or students to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines; and\nthe offence relates to registered health practitioners or students administering, obtaining, possessing, prescribing, selling, supplying or using scheduled medicines; but\ndoes not include an offence declared or prescribed by a law of the jurisdiction not to be a scheduled medicine offence for the purposes of this Law.\nsch s 130 amd 2017 No. 32 s 87 (1) s ch 1 pt 1 ; 2022 No. 22 s 81\n(sec.130-ssec.1) A registered health practitioner or student must, within 7 days after becoming aware that a relevant event has occurred in relation to the practitioner or student, give the National Board established for the practitioner’s or student’s health profession written notice of the event.\n(sec.130-ssec.2) A contravention of subsection (1) by a registered health practitioner or student does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.130-ssec.2A) To avoid doubt, a registered health practitioner is not required to give the National Board written notice of an event within the meaning of paragraphs (e) or (f) of the definition of relevant event if the notification is prohibited by the Health Insurance Act 1973 of the Commonwealth.\n(sec.130-ssec.3) In this section— relevant event , in relation to a registered health practitioner, means— the practitioner is charged with— a scheduled medicine offence; or an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or the practitioner is convicted of or is the subject of a finding of guilt for— a scheduled medicine offence; or an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or appropriate professional indemnity insurance arrangements are no longer in place in relation to the practitioner’s practice of the profession; or the practitioner’s right to practise at a hospital or another facility at which health services are provided is withdrawn or restricted because of the practitioner’s conduct, professional performance or health; or the practitioner is disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth because of the practitioner’s conduct, professional performance or health; or the practitioner is subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contains a direction under section 106U (1) (g) or (h) of that Act that the practitioner be disqualified because of the practitioner’s conduct, professional performance or health; or the practitioner’s authority under a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or a complaint is made about the practitioner to an entity referred to in section 219 (1) (a) to (e) ; or the practitioner’s registration under the law of another country that provides for the registration of health practitioners is suspended or cancelled or made subject to a condition or another restriction. relevant event , in relation to a student, means— the student is charged with— a scheduled medicine offence; or an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or the student is convicted of or is the subject of a finding of guilt for— a scheduled medicine offence; or an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or the student’s registration under the law of another country that provides for the registration of students has been suspended or cancelled. scheduled medicine offence means an offence against a law of a participating jurisdiction— if— the law regulates the authority of registered health practitioners or students to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines; and the offence relates to registered health practitioners or students administering, obtaining, possessing, prescribing, selling, supplying or using scheduled medicines; but does not include an offence declared or prescribed by a law of the jurisdiction not to be a scheduled medicine offence for the purposes of this Law.\n- (a) the practitioner is charged with— (i) a scheduled medicine offence; or (ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or\n- (i) a scheduled medicine offence; or\n- (ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or\n- (b) the practitioner is convicted of or is the subject of a finding of guilt for— (i) a scheduled medicine offence; or (ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or\n- (i) a scheduled medicine offence; or\n- (ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or\n- (c) appropriate professional indemnity insurance arrangements are no longer in place in relation to the practitioner’s practice of the profession; or\n- (d) the practitioner’s right to practise at a hospital or another facility at which health services are provided is withdrawn or restricted because of the practitioner’s conduct, professional performance or health; or\n- (e) the practitioner is disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth because of the practitioner’s conduct, professional performance or health; or\n- (f) the practitioner is subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contains a direction under section 106U (1) (g) or (h) of that Act that the practitioner be disqualified because of the practitioner’s conduct, professional performance or health; or\n- (g) the practitioner’s authority under a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or\n- (h) a complaint is made about the practitioner to an entity referred to in section 219 (1) (a) to (e) ; or\n- (i) the practitioner’s registration under the law of another country that provides for the registration of health practitioners is suspended or cancelled or made subject to a condition or another restriction.\n- (i) a scheduled medicine offence; or\n- (ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or\n- (i) a scheduled medicine offence; or\n- (ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or\n- (a) the student is charged with— (i) a scheduled medicine offence; or (ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or\n- (i) a scheduled medicine offence; or\n- (ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or\n- (b) the student is convicted of or is the subject of a finding of guilt for— (i) a scheduled medicine offence; or (ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or\n- (i) a scheduled medicine offence; or\n- (ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or\n- (c) the student’s registration under the law of another country that provides for the registration of students has been suspended or cancelled.\n- (i) a scheduled medicine offence; or\n- (ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or\n- (i) a scheduled medicine offence; or\n- (ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or\n- (a) if— (i) the law regulates the authority of registered health practitioners or students to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines; and (ii) the offence relates to registered health practitioners or students administering, obtaining, possessing, prescribing, selling, supplying or using scheduled medicines; but\n- (i) the law regulates the authority of registered health practitioners or students to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines; and\n- (ii) the offence relates to registered health practitioners or students administering, obtaining, possessing, prescribing, selling, supplying or using scheduled medicines; but\n- (b) does not include an offence declared or prescribed by a law of the jurisdiction not to be a scheduled medicine offence for the purposes of this Law.\n- (i) the law regulates the authority of registered health practitioners or students to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines; and\n- (ii) the offence relates to registered health practitioners or students administering, obtaining, possessing, prescribing, selling, supplying or using scheduled medicines; but","sortOrder":261},{"sectionNumber":"sec.131","sectionType":"section","heading":"Change in principal place of practice, address or name","content":"### sec.131 Change in principal place of practice, address or name\n\nA registered health practitioner must, within 30 days of any of the following changes happening, give the National Board established for the practitioner’s health profession written notice of the change and any evidence providing proof of the change required by the Board—\na change in the practitioner’s principal place of practice;\na change in the address provided by the registered health practitioner as the address the Board should use in corresponding with the practitioner;\na change in—\nthe practitioner’s name; or\nan alternative name for the practitioner notified to the Board under section 131A .\nA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nsch s 131 amd 2017 No. 32 s 87 (1) s ch 1 pt 1 ; 2022 No. 22 s 113\n(sec.131-ssec.1) A registered health practitioner must, within 30 days of any of the following changes happening, give the National Board established for the practitioner’s health profession written notice of the change and any evidence providing proof of the change required by the Board— a change in the practitioner’s principal place of practice; a change in the address provided by the registered health practitioner as the address the Board should use in corresponding with the practitioner; a change in— the practitioner’s name; or an alternative name for the practitioner notified to the Board under section 131A .\n(sec.131-ssec.2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n- (a) a change in the practitioner’s principal place of practice;\n- (b) a change in the address provided by the registered health practitioner as the address the Board should use in corresponding with the practitioner;\n- (c) a change in— (i) the practitioner’s name; or (ii) an alternative name for the practitioner notified to the Board under section 131A .\n- (i) the practitioner’s name; or\n- (ii) an alternative name for the practitioner notified to the Board under section 131A .\n- (i) the practitioner’s name; or\n- (ii) an alternative name for the practitioner notified to the Board under section 131A .","sortOrder":262},{"sectionNumber":"sec.131A","sectionType":"section","heading":"Nomination of an alternative name","content":"### sec.131A Nomination of an alternative name\n\nA registered health practitioner registered in a health profession, or an applicant for registration in a health profession, may, by written notice given to the National Board for the health profession, nominate an alternative name.\nIf the alternative name nominated by a registered health practitioner is a prohibited name, the National Board may decide to—\nrefuse to record the name in a National Register or Specialists Register; and\nrefuse to include the name on the registered health practitioner’s certificate of registration.\nIf the National Board makes a decision under subsection (2) , it must give written notice of the decision, including the reasons for the decision, to the registered health practitioner.\nIn this section—\nprohibited name means a name that—\nis obscene or offensive; or\ncould not practicably be established by repute or usage—\nbecause it is too long; or\nbecause it consists of or includes symbols without phonetic significance; or\nbecause it is or includes a statement or phrase; or\nfor another reason; or\nincludes or resembles—\nan official title or rank; or\na protected title specified in the Table to section 113 ; or\na specialist title; or\nthe title ‘dental specialist’; or\nthe title ‘medical specialist’; or\nis contrary to the public interest for another reason.\nsch s 131A ins 2022 No. 22 s 114\n(sec.131A-ssec.1) A registered health practitioner registered in a health profession, or an applicant for registration in a health profession, may, by written notice given to the National Board for the health profession, nominate an alternative name.\n(sec.131A-ssec.2) If the alternative name nominated by a registered health practitioner is a prohibited name, the National Board may decide to— refuse to record the name in a National Register or Specialists Register; and refuse to include the name on the registered health practitioner’s certificate of registration.\n(sec.131A-ssec.3) If the National Board makes a decision under subsection (2) , it must give written notice of the decision, including the reasons for the decision, to the registered health practitioner.\n(sec.131A-ssec.4) In this section— prohibited name means a name that— is obscene or offensive; or could not practicably be established by repute or usage— because it is too long; or because it consists of or includes symbols without phonetic significance; or because it is or includes a statement or phrase; or for another reason; or includes or resembles— an official title or rank; or a protected title specified in the Table to section 113 ; or a specialist title; or the title ‘dental specialist’; or the title ‘medical specialist’; or is contrary to the public interest for another reason.\n- (a) refuse to record the name in a National Register or Specialists Register; and\n- (b) refuse to include the name on the registered health practitioner’s certificate of registration.\n- (a) is obscene or offensive; or\n- (b) could not practicably be established by repute or usage— (i) because it is too long; or (ii) because it consists of or includes symbols without phonetic significance; or (iii) because it is or includes a statement or phrase; or (iv) for another reason; or\n- (i) because it is too long; or\n- (ii) because it consists of or includes symbols without phonetic significance; or\n- (iii) because it is or includes a statement or phrase; or\n- (iv) for another reason; or\n- (c) includes or resembles— (i) an official title or rank; or (ii) a protected title specified in the Table to section 113 ; or (iii) a specialist title; or (iv) the title ‘dental specialist’; or (v) the title ‘medical specialist’; or\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- (i) because it is too long; or\n- (ii) because it consists of or includes symbols without phonetic significance; or\n- (iii) because it is or includes a statement or phrase; or\n- (iv) for another reason; or\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","sortOrder":263},{"sectionNumber":"sec.131B","sectionType":"section","heading":"Use of names","content":"### sec.131B Use of names\n\nA registered health practitioner must not use a name in connection with the practitioner’s provision of a health service, including advertising the provision of a health service, other than—\neither or both of the following names recorded in a National Register or Specialists Register under section 225 —\nthe practitioner’s name;\nan alternative name for the practitioner notified to the Board under section 131A ; or\na business name.\nA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nsch s 131B ins 2022 No. 22 s 114\n(sec.131B-ssec.1) A registered health practitioner must not use a name in connection with the practitioner’s provision of a health service, including advertising the provision of a health service, other than— either or both of the following names recorded in a National Register or Specialists Register under section 225 — the practitioner’s name; an alternative name for the practitioner notified to the Board under section 131A ; or a business name.\n(sec.131B-ssec.2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n- (a) either or both of the following names recorded in a National Register or Specialists Register under section 225 — (i) the practitioner’s name; (ii) an alternative name for the practitioner notified to the Board under section 131A ; or\n- (i) the practitioner’s name;\n- (ii) an alternative name for the practitioner notified to the Board under section 131A ; or\n- (b) a business name.\n- (i) the practitioner’s name;\n- (ii) an alternative name for the practitioner notified to the Board under section 131A ; or","sortOrder":264},{"sectionNumber":"sec.132","sectionType":"section","heading":"National Board may ask registered health practitioner for practice information","content":"### sec.132 National Board may ask registered health practitioner for practice information\n\nA National Board may, at any time by written notice given to a health practitioner registered in a health profession for which the Board is established, ask the practitioner to give the Board a written notice containing practice information for the practitioner.\nThe registered health practitioner must not, without reasonable excuse, fail to comply with the notice from the Board.\nA contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nIn this section—\npractice information , for a registered health practitioner practising in the health profession for which the practitioner is registered, means each of the following, as it applies to the current practice, and all previous practices, of the profession by the practitioner—\nif the practitioner is, or was, self-employed—\nthat the practitioner is, or was, self-employed; and\nthe address of each of the premises at which the practitioner practises, or practised; and\nif the practitioner practises, or practised, under a business name or names—each business name; and\nif the practitioner shares, or shared, premises and the cost of the premises with other registered health practitioners—the names of the other registered health practitioners;\nif the practitioner has, or had, a practice arrangement with one or more entities—the name, address and contact details of each entity;\nA physiotherapist practises, or practised, physiotherapy as a volunteer at a sporting club or charity under an arrangement with that entity.\nif the practitioner practises, or practised, under a name or names that are not the same as the name under which the practitioner is registered under this Law—the other name or names.\npremises at which the practitioner practises does not include the residential premises of a patient of the practitioner.\nsch s 132 sub 2017 No. 32 s 20\namd 2022 No. 22 s 83\n(sec.132-ssec.1) A National Board may, at any time by written notice given to a health practitioner registered in a health profession for which the Board is established, ask the practitioner to give the Board a written notice containing practice information for the practitioner.\n(sec.132-ssec.2) The registered health practitioner must not, without reasonable excuse, fail to comply with the notice from the Board.\n(sec.132-ssec.3) A contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.132-ssec.4) In this section— practice information , for a registered health practitioner practising in the health profession for which the practitioner is registered, means each of the following, as it applies to the current practice, and all previous practices, of the profession by the practitioner— if the practitioner is, or was, self-employed— that the practitioner is, or was, self-employed; and the address of each of the premises at which the practitioner practises, or practised; and if the practitioner practises, or practised, under a business name or names—each business name; and if the practitioner shares, or shared, premises and the cost of the premises with other registered health practitioners—the names of the other registered health practitioners; if the practitioner has, or had, a practice arrangement with one or more entities—the name, address and contact details of each entity; A physiotherapist practises, or practised, physiotherapy as a volunteer at a sporting club or charity under an arrangement with that entity. if the practitioner practises, or practised, under a name or names that are not the same as the name under which the practitioner is registered under this Law—the other name or names. premises at which the practitioner practises does not include the residential premises of a patient of the practitioner.\n- (a) if the practitioner is, or was, self-employed— (i) that the practitioner is, or was, self-employed; and (ii) the address of each of the premises at which the practitioner practises, or practised; and (iii) if the practitioner practises, or practised, under a business name or names—each business name; and (iv) if the practitioner shares, or shared, premises and the cost of the premises with other registered health practitioners—the names of the other registered health practitioners;\n- (i) that the practitioner is, or was, self-employed; and\n- (ii) the address of each of the premises at which the practitioner practises, or practised; and\n- (iii) if the practitioner practises, or practised, under a business name or names—each business name; and\n- (iv) if the practitioner shares, or shared, premises and the cost of the premises with other registered health practitioners—the names of the other registered health practitioners;\n- (b) if the practitioner has, or had, a practice arrangement with one or more entities—the name, address and contact details of each entity; Example of practice arrangement— A physiotherapist practises, or practised, physiotherapy as a volunteer at a sporting club or charity under an arrangement with that entity.\n- (c) if the practitioner practises, or practised, under a name or names that are not the same as the name under which the practitioner is registered under this Law—the other name or names.\n- (i) that the practitioner is, or was, self-employed; and\n- (ii) the address of each of the premises at which the practitioner practises, or practised; and\n- (iii) if the practitioner practises, or practised, under a business name or names—each business name; and\n- (iv) if the practitioner shares, or shared, premises and the cost of the premises with other registered health practitioners—the names of the other registered health practitioners;","sortOrder":265},{"sectionNumber":"sec.133","sectionType":"section","heading":"Advertising","content":"### sec.133 Advertising\n\nA person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that—\nis false, misleading or deceptive or is likely to be misleading or deceptive; or\noffers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer; or\nuses testimonials or purported testimonials about the service or business; or\ncreates an unreasonable expectation of beneficial treatment; or\ndirectly or indirectly encourages the indiscriminate or unnecessary use of regulated health services.\nMaximum penalty—\nin the case of an individual—$60,000; or\nin the case of a body corporate—$120,000.\nA person does not commit an offence against subsection (1) merely because the person, as part of the person’s business, prints or publishes an advertisement for another person.\nIn proceedings for an offence against this section, a court may have regard to a guideline approved by a National Board about the advertising of regulated health services.\nIn this section—\nregulated health service means a service provided by, or usually provided by, a health practitioner.\nsch s 133 amd 2022 No. 22 s 85\n(sec.133-ssec.1) A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that— is false, misleading or deceptive or is likely to be misleading or deceptive; or offers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer; or uses testimonials or purported testimonials about the service or business; or creates an unreasonable expectation of beneficial treatment; or directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services. Maximum penalty— in the case of an individual—$60,000; or in the case of a body corporate—$120,000.\n(sec.133-ssec.2) A person does not commit an offence against subsection (1) merely because the person, as part of the person’s business, prints or publishes an advertisement for another person.\n(sec.133-ssec.3) In proceedings for an offence against this section, a court may have regard to a guideline approved by a National Board about the advertising of regulated health services.\n(sec.133-ssec.4) In this section— regulated health service means a service provided by, or usually provided by, a health practitioner.\n- (a) is false, misleading or deceptive or is likely to be misleading or deceptive; or\n- (b) offers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer; or\n- (c) uses testimonials or purported testimonials about the service or business; or\n- (d) creates an unreasonable expectation of beneficial treatment; or\n- (e) directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services.\n- (a) in the case of an individual—$60,000; or\n- (b) in the case of a body corporate—$120,000.","sortOrder":266},{"sectionNumber":"sec.134","sectionType":"section","heading":"Evidence of identity","content":"### sec.134 Evidence of identity\n\nA National Board may, at any time, require a registered health practitioner to provide evidence of the practitioner’s identity.\nA requirement under subsection (1) must be made by written notice given to the registered health practitioner.\nThe registered health practitioner must not, without reasonable excuse, fail to comply with the notice.\nA contravention of subsection (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nIf a registered health practitioner gives a National Board a document as evidence of the practitioner’s identity under this section, the Board may, by written notice, ask the entity that issued the document—\nto confirm the validity of the document; or\nto give the Board other information relevant to the practitioner’s identity.\nAn entity given a notice under subsection (5) is authorised to provide the information requested.\n(sec.134-ssec.1) A National Board may, at any time, require a registered health practitioner to provide evidence of the practitioner’s identity.\n(sec.134-ssec.2) A requirement under subsection (1) must be made by written notice given to the registered health practitioner.\n(sec.134-ssec.3) The registered health practitioner must not, without reasonable excuse, fail to comply with the notice.\n(sec.134-ssec.4) A contravention of subsection (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n(sec.134-ssec.5) If a registered health practitioner gives a National Board a document as evidence of the practitioner’s identity under this section, the Board may, by written notice, ask the entity that issued the document— to confirm the validity of the document; or to give the Board other information relevant to the practitioner’s identity.\n(sec.134-ssec.6) An entity given a notice under subsection (5) is authorised to provide the information requested.\n- (a) to confirm the validity of the document; or\n- (b) to give the Board other information relevant to the practitioner’s identity.","sortOrder":267},{"sectionNumber":"sec.135","sectionType":"section","heading":"Criminal history check","content":"### sec.135 Criminal history check\n\nA National Board may, at any time, obtain a written report about a registered health practitioner’s criminal history from any of the following—\nACC;\na police commissioner;\nan entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.\nWithout limiting subsection (1) , a report may be obtained under that subsection—\nto check a statement made by a registered health practitioner in the practitioner’s application for renewal of registration; or\nas part of an audit carried out by a National Board, to check statements made by registered health practitioners.\nA criminal history law does not apply to a report under subsection (1) .\nsch s 135 amd 2017 No. 32 s 21\n(sec.135-ssec.1) A National Board may, at any time, obtain a written report about a registered health practitioner’s criminal history from any of the following— ACC; a police commissioner; an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.\n(sec.135-ssec.2) Without limiting subsection (1) , a report may be obtained under that subsection— to check a statement made by a registered health practitioner in the practitioner’s application for renewal of registration; or as part of an audit carried out by a National Board, to check statements made by registered health practitioners.\n(sec.135-ssec.3) A criminal history law does not apply to a report under subsection (1) .\n- (a) ACC;\n- (b) a police commissioner;\n- (c) an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.\n- (a) to check a statement made by a registered health practitioner in the practitioner’s application for renewal of registration; or\n- (b) as part of an audit carried out by a National Board, to check statements made by registered health practitioners.","sortOrder":268},{"sectionNumber":"sec.136","sectionType":"section","heading":"Directing or inciting unprofessional conduct or professional misconduct","content":"### sec.136 Directing or inciting unprofessional conduct or professional misconduct\n\nA person must not direct or incite a registered health practitioner to do anything, in the course of the practitioner’s practice of the health profession, that amounts to unprofessional conduct or professional misconduct.\nMaximum penalty—\nin the case of an individual—$60,000; or\nin the case of a body corporate—$120,000.\nSubsection (1) does not apply to a person who is the owner or operator of a public health facility.\nsch s 136 amd 2022 No. 22 s 86\n(sec.136-ssec.1) A person must not direct or incite a registered health practitioner to do anything, in the course of the practitioner’s practice of the health profession, that amounts to unprofessional conduct or professional misconduct. Maximum penalty— in the case of an individual—$60,000; or in the case of a body corporate—$120,000.\n(sec.136-ssec.2) Subsection (1) does not apply to a person who is the owner or operator of a public health facility.\n- (a) in the case of an individual—$60,000; or\n- (b) in the case of a body corporate—$120,000.","sortOrder":269},{"sectionNumber":"sec.137","sectionType":"section","heading":"Surrender of registration","content":"### sec.137 Surrender of registration\n\nA registered health practitioner may, by written notice given to the National Board established for the practitioner’s health profession, surrender the practitioner’s registration.\nThe surrender of the registration takes effect on—\nthe day the National Board receives the notice under subsection (1) ; or\nthe later day stated in the notice.\nsch s 137 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.137-ssec.1) A registered health practitioner may, by written notice given to the National Board established for the practitioner’s health profession, surrender the practitioner’s registration.\n(sec.137-ssec.2) The surrender of the registration takes effect on— the day the National Board receives the notice under subsection (1) ; or the later day stated in the notice.\n- (a) the day the National Board receives the notice under subsection (1) ; or\n- (b) the later day stated in the notice.","sortOrder":270},{"sectionNumber":"sch-inc-pt.8","sectionType":"part","heading":"Health, performance and conduct","content":"# Health, performance and conduct","sortOrder":271},{"sectionNumber":"sch-inc-pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":272},{"sectionNumber":"sec.138","sectionType":"section","heading":"Application of Part to persons who are registered health practitioners","content":"### sec.138 Application of Part to persons who are registered health practitioners\n\nA notification may be made under this Part about, and proceedings may be taken under this Part against, a person who is a registered health practitioner in relation to behaviour that—\noccurs while the practitioner is registered in a health profession under this Law; or\noccurred before the practitioner was registered in a health profession under this Law; or\noccurred during any other period in which the practitioner was not registered in a health profession under this Law, including, for example, if the registration had ended or was cancelled, suspended or withdrawn.\nA registered health practitioner’s behaviour that occurred at a time specified in subsection (1) (b) or (c) may not constitute—\nunsatisfactory professional performance; or\nunprofessional conduct, except as provided by section 139 .\nsch s 138 sub 2022 No. 22 s 90\n(sec.138-ssec.1) A notification may be made under this Part about, and proceedings may be taken under this Part against, a person who is a registered health practitioner in relation to behaviour that— occurs while the practitioner is registered in a health profession under this Law; or occurred before the practitioner was registered in a health profession under this Law; or occurred during any other period in which the practitioner was not registered in a health profession under this Law, including, for example, if the registration had ended or was cancelled, suspended or withdrawn.\n(sec.138-ssec.2) A registered health practitioner’s behaviour that occurred at a time specified in subsection (1) (b) or (c) may not constitute— unsatisfactory professional performance; or unprofessional conduct, except as provided by section 139 .\n- (a) occurs while the practitioner is registered in a health profession under this Law; or\n- (b) occurred before the practitioner was registered in a health profession under this Law; or\n- (c) occurred during any other period in which the practitioner was not registered in a health profession under this Law, including, for example, if the registration had ended or was cancelled, suspended or withdrawn.\n- (a) unsatisfactory professional performance; or\n- (b) unprofessional conduct, except as provided by section 139 .","sortOrder":273},{"sectionNumber":"sec.139","sectionType":"section","heading":"Proceedings in relation to practitioner’s behaviour while temporarily unregistered","content":"### sec.139 Proceedings in relation to practitioner’s behaviour while temporarily unregistered\n\nThis section applies if—\nproceedings are taken under this Part against a person who is a registered health practitioner; and\nthe panel or tribunal is satisfied the behaviour to which the proceedings relate occurred—\nafter the practitioner’s registration ended under section 108 (2) (a) ; and\nwhile the practitioner continued to practise the health profession.\nThe proceedings may be taken and findings may be made as if the practitioner were registered at the time the behaviour occurred.\nSubsection (2) does not prevent a finding of unprofessional conduct on the basis the person was contravening a provision of Division 10 of Part 7 , whether or not the person has been prosecuted for, or convicted of, an offence in relation to the contravention.\nIn this section—\nbehaviour includes—\ncontinuing to take or use a title protected under Subdivision 1 of Division 10 of Part 7 for a health profession; or\ncontinuing to undertake a practice protected under Subdivision 2 of Division 10 of Part 7 for a health profession.\nsch s 139 sub 2022 No. 22 s 90\n(sec.139-ssec.1) This section applies if— proceedings are taken under this Part against a person who is a registered health practitioner; and the panel or tribunal is satisfied the behaviour to which the proceedings relate occurred— after the practitioner’s registration ended under section 108 (2) (a) ; and while the practitioner continued to practise the health profession.\n(sec.139-ssec.2) The proceedings may be taken and findings may be made as if the practitioner were registered at the time the behaviour occurred.\n(sec.139-ssec.3) Subsection (2) does not prevent a finding of unprofessional conduct on the basis the person was contravening a provision of Division 10 of Part 7 , whether or not the person has been prosecuted for, or convicted of, an offence in relation to the contravention.\n(sec.139-ssec.4) In this section— behaviour includes— continuing to take or use a title protected under Subdivision 1 of Division 10 of Part 7 for a health profession; or continuing to undertake a practice protected under Subdivision 2 of Division 10 of Part 7 for a health profession.\n- (a) proceedings are taken under this Part against a person who is a registered health practitioner; and\n- (b) the panel or tribunal is satisfied the behaviour to which the proceedings relate occurred— (i) after the practitioner’s registration ended under section 108 (2) (a) ; and (ii) while the practitioner continued to practise the health profession.\n- (i) after the practitioner’s registration ended under section 108 (2) (a) ; and\n- (ii) while the practitioner continued to practise the health profession.\n- (i) after the practitioner’s registration ended under section 108 (2) (a) ; and\n- (ii) while the practitioner continued to practise the health profession.\n- (a) continuing to take or use a title protected under Subdivision 1 of Division 10 of Part 7 for a health profession; or\n- (b) continuing to undertake a practice protected under Subdivision 2 of Division 10 of Part 7 for a health profession.","sortOrder":274},{"sectionNumber":"sec.139A","sectionType":"section","heading":"Application of Part to persons who were registered health practitioners","content":"### sec.139A Application of Part to persons who were registered health practitioners\n\nThis section applies to a person who was, but is no longer, registered in a health profession under this Law.\nA notification may be made under this Part about, and proceedings may be taken under this Part against, the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered.\nFor the purposes of subsection (2) , this Part (other than Divisions 2 and 6 ) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person.\nsch s 139A ins 2022 No. 22 s 90\n(sec.139A-ssec.1) This section applies to a person who was, but is no longer, registered in a health profession under this Law.\n(sec.139A-ssec.2) A notification may be made under this Part about, and proceedings may be taken under this Part against, the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered.\n(sec.139A-ssec.3) For the purposes of subsection (2) , this Part (other than Divisions 2 and 6 ) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person.","sortOrder":275},{"sectionNumber":"sec.139B","sectionType":"section","heading":"Application of Part to persons who were registered under corresponding prior Act","content":"### sec.139B Application of Part to persons who were registered under corresponding prior Act\n\nThis section applies to a person who—\nwas registered in a health profession under a corresponding prior Act; and\nis not, and has not been, registered in a health profession under this Law.\nA notification may be made under this Part about, and proceedings may be taken under this Part against, the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act.\nHowever, subsection (2) applies only to the extent—\na notification about the person’s behaviour could have been made under the corresponding prior Act; and\nproceedings could have been taken under the corresponding prior Act.\nFor the purposes of subsection (2) , this Part (other than Divisions 2 and 7 ) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person.\nsch s 139B ins 2022 No. 22 s 90\n(sec.139B-ssec.1) This section applies to a person who— was registered in a health profession under a corresponding prior Act; and is not, and has not been, registered in a health profession under this Law.\n(sec.139B-ssec.2) A notification may be made under this Part about, and proceedings may be taken under this Part against, the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act.\n(sec.139B-ssec.3) However, subsection (2) applies only to the extent— a notification about the person’s behaviour could have been made under the corresponding prior Act; and proceedings could have been taken under the corresponding prior Act.\n(sec.139B-ssec.4) For the purposes of subsection (2) , this Part (other than Divisions 2 and 7 ) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person.\n- (a) was registered in a health profession under a corresponding prior Act; and\n- (b) is not, and has not been, registered in a health profession under this Law.\n- (a) a notification about the person’s behaviour could have been made under the corresponding prior Act; and\n- (b) proceedings could have been taken under the corresponding prior Act.","sortOrder":276},{"sectionNumber":"sch-inc-pt.8-div.2","sectionType":"division","heading":"Mandatory notifications","content":"## Mandatory notifications","sortOrder":277},{"sectionNumber":"sec.140","sectionType":"section","heading":"Definition of notifiable conduct","content":"### sec.140 Definition of notifiable conduct\n\nIn this Division—\nnotifiable conduct , in relation to a registered health practitioner, means—\npractising the practitioner’s profession while intoxicated by alcohol or drugs; or\nengaging in sexual misconduct in connection with the practice of the practitioner’s profession; or\nplacing the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or\nplacing the public at risk of harm by practising the profession in a way that constitutes a significant departure from accepted professional standards.\nsch s 140 amd 2019 No. 3 s 17\n- (a) practising the practitioner’s profession while intoxicated by alcohol or drugs; or\n- (b) engaging in sexual misconduct in connection with the practice of the practitioner’s profession; or\n- (c) placing the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or\n- (d) placing the public at risk of harm by practising the profession in a way that constitutes a significant departure from accepted professional standards.","sortOrder":278},{"sectionNumber":"sec.141","sectionType":"section","heading":"Mandatory notifications by health practitioners other than treating practitioners","content":"### sec.141 Mandatory notifications by health practitioners other than treating practitioners\n\nThis section applies to a registered health practitioner (the first health practitioner ) who, in the course of practising the first health practitioner’s profession, forms a reasonable belief that—\nanother registered health practitioner (the second health practitioner ) has behaved in a way that constitutes notifiable conduct; or\na student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.\nThe first health practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner’s notifiable conduct or the student’s impairment.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237 (3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.\nHowever, subsection (2) does not apply if the first health practitioner forms the reasonable belief in the course of providing a health service to the second health practitioner or student.\nA contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.\nFor the purposes of subsection (1) , the first health practitioner does not form the reasonable belief in the course of practising the profession if—\nthe first health practitioner—\nis employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and\nforms the reasonable belief the second health practitioner has behaved in a way that constitutes notifiable conduct, or the student has an impairment, as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or\nthe first health practitioner forms the reasonable belief in the course of providing advice in relation to the notifiable conduct or impairment for the purposes of a legal proceeding or the preparation of legal advice; or\nthe first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the notifiable conduct or impairment is an issue; or\nthe first health practitioner—\nforms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and\nis unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or\nthe first health practitioner knows, or reasonably believes, the National Agency has been notified of the notifiable conduct or impairment that forms the basis of the reasonable belief.\nsch s 141 amd 2019 No. 3 s 18\n(sec.141-ssec.1) This section applies to a registered health practitioner (the first health practitioner ) who, in the course of practising the first health practitioner’s profession, forms a reasonable belief that— another registered health practitioner (the second health practitioner ) has behaved in a way that constitutes notifiable conduct; or a student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.\n(sec.141-ssec.2) The first health practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner’s notifiable conduct or the student’s impairment. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237 (3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.\n(sec.141-ssec.2A) However, subsection (2) does not apply if the first health practitioner forms the reasonable belief in the course of providing a health service to the second health practitioner or student.\n(sec.141-ssec.3) A contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.\n(sec.141-ssec.4) For the purposes of subsection (1) , the first health practitioner does not form the reasonable belief in the course of practising the profession if— the first health practitioner— is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and forms the reasonable belief the second health practitioner has behaved in a way that constitutes notifiable conduct, or the student has an impairment, as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or the first health practitioner forms the reasonable belief in the course of providing advice in relation to the notifiable conduct or impairment for the purposes of a legal proceeding or the preparation of legal advice; or the first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the notifiable conduct or impairment is an issue; or the first health practitioner— forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or the first health practitioner knows, or reasonably believes, the National Agency has been notified of the notifiable conduct or impairment that forms the basis of the reasonable belief.\n- (a) another registered health practitioner (the second health practitioner ) has behaved in a way that constitutes notifiable conduct; or\n- (b) a student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.\n- (a) the first health practitioner— (i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and (ii) forms the reasonable belief the second health practitioner has behaved in a way that constitutes notifiable conduct, or the student has an impairment, as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or\n- (i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and\n- (ii) forms the reasonable belief the second health practitioner has behaved in a way that constitutes notifiable conduct, or the student has an impairment, as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or\n- (b) the first health practitioner forms the reasonable belief in the course of providing advice in relation to the notifiable conduct or impairment for the purposes of a legal proceeding or the preparation of legal advice; or\n- (c) the first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the notifiable conduct or impairment is an issue; or\n- (d) the first health practitioner— (i) forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and (ii) is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or\n- (i) forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and\n- (ii) is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or\n- (e) the first health practitioner knows, or reasonably believes, the National Agency has been notified of the notifiable conduct or impairment that forms the basis of the reasonable belief.\n- (i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and\n- (ii) forms the reasonable belief the second health practitioner has behaved in a way that constitutes notifiable conduct, or the student has an impairment, as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or\n- (i) forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and\n- (ii) is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or","sortOrder":279},{"sectionNumber":"sec.141A","sectionType":"section","heading":"Mandatory notifications by treating practitioners of sexual misconduct","content":"### sec.141A Mandatory notifications by treating practitioners of sexual misconduct\n\nThis section applies to a registered health practitioner (the treating practitioner ) who, in the course of providing a health service to another registered health practitioner (the second health practitioner ), forms a reasonable belief that the second health practitioner has engaged, is engaging, or is at risk of engaging, in sexual misconduct in connection with the practice of the practitioner’s profession.\nThe treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner’s conduct that forms the basis of the reasonable belief.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.\nA contravention of subsection (2) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.\nThis section applies subject to section 141C .\nsch s 141A ins 2019 No. 3 s 19\n(sec.141A-ssec.1) This section applies to a registered health practitioner (the treating practitioner ) who, in the course of providing a health service to another registered health practitioner (the second health practitioner ), forms a reasonable belief that the second health practitioner has engaged, is engaging, or is at risk of engaging, in sexual misconduct in connection with the practice of the practitioner’s profession.\n(sec.141A-ssec.2) The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner’s conduct that forms the basis of the reasonable belief. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.\n(sec.141A-ssec.3) A contravention of subsection (2) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.\n(sec.141A-ssec.4) This section applies subject to section 141C .","sortOrder":280},{"sectionNumber":"sec.141B","sectionType":"section","heading":"Mandatory notifications by treating practitioners of substantial risk of harm to public","content":"### sec.141B Mandatory notifications by treating practitioners of substantial risk of harm to public\n\nSubsection (2) applies to a registered health practitioner (the treating practitioner ) who, in the course of providing a health service to another registered health practitioner (the second health practitioner ), forms a reasonable belief that the second health practitioner is placing the public at substantial risk of harm by practising the profession—\nwhile the practitioner has an impairment; or\nwhile intoxicated by alcohol or drugs; or\nin a way that constitutes a significant departure from accepted professional standards.\nThe treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner’s conduct that forms the basis of the reasonable belief.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.\nSubsection (4) applies to a registered health practitioner (also the treating practitioner ) who, in the course of providing a health service to a student, forms a reasonable belief that the student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.\nThe treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the student’s impairment.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.\nIn considering whether the public is being, or may be, placed at substantial risk of harm, the treating practitioner may consider the following matters relating to an impairment of the second health practitioner or student—\nthe nature, extent and severity of the impairment;\nthe extent to which the second health practitioner or student is taking, or is willing to take, steps to manage the impairment;\nthe extent to which the impairment can be managed with appropriate treatment;\nany other matter the treating practitioner considers is relevant to the risk of harm the impairment poses to the public.\nA contravention of subsection (2) or (4) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.\nThis section applies subject to section 141C .\nsch s 141B ins 2019 No. 3 s 19\n(sec.141B-ssec.1) Subsection (2) applies to a registered health practitioner (the treating practitioner ) who, in the course of providing a health service to another registered health practitioner (the second health practitioner ), forms a reasonable belief that the second health practitioner is placing the public at substantial risk of harm by practising the profession— while the practitioner has an impairment; or while intoxicated by alcohol or drugs; or in a way that constitutes a significant departure from accepted professional standards.\n(sec.141B-ssec.2) The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner’s conduct that forms the basis of the reasonable belief. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.\n(sec.141B-ssec.3) Subsection (4) applies to a registered health practitioner (also the treating practitioner ) who, in the course of providing a health service to a student, forms a reasonable belief that the student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.\n(sec.141B-ssec.4) The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the student’s impairment. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.\n(sec.141B-ssec.5) In considering whether the public is being, or may be, placed at substantial risk of harm, the treating practitioner may consider the following matters relating to an impairment of the second health practitioner or student— the nature, extent and severity of the impairment; the extent to which the second health practitioner or student is taking, or is willing to take, steps to manage the impairment; the extent to which the impairment can be managed with appropriate treatment; any other matter the treating practitioner considers is relevant to the risk of harm the impairment poses to the public.\n(sec.141B-ssec.6) A contravention of subsection (2) or (4) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.\n(sec.141B-ssec.7) This section applies subject to section 141C .\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 professional standards.\n- (a) the nature, extent and severity of the impairment;\n- (b) the extent to which the second health practitioner or student is taking, or is willing to take, steps to manage the impairment;\n- (c) the extent to which the impairment can be managed with appropriate treatment;\n- (d) any other matter the treating practitioner considers is relevant to the risk of harm the impairment poses to the public.","sortOrder":281},{"sectionNumber":"sec.141C","sectionType":"section","heading":"When practitioner does not form reasonable belief in course of providing health service","content":"### sec.141C When practitioner does not form reasonable belief in course of providing health service\n\nThis section applies if a registered health practitioner (the first health practitioner ) forms a reasonable belief about—\na matter, relating to another registered health practitioner (the second health practitioner ), mentioned in section 141A (1) or 141B (1) ; or\na matter, relating to a student, mentioned in section 141B (3) .\nFor this Division, the first health practitioner is taken not to form the reasonable belief in the course of providing a health service to the second health practitioner or student if—\nthe first health practitioner—\nis employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and\nforms the reasonable belief about the matter as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or\nthe first health practitioner forms the reasonable belief in the course of providing advice in relation to the matter for the purposes of a legal proceeding or the preparation of legal advice; or\nthe first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the matter is an issue; or\nthe first health practitioner—\nforms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and\nis unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or\nthe first health practitioner knows, or reasonably believes, the National Agency has been notified of the matter that forms the basis of the reasonable belief.\nsch s 141C ins 2019 No. 3 s 19\n(sec.141C-ssec.1) This section applies if a registered health practitioner (the first health practitioner ) forms a reasonable belief about— a matter, relating to another registered health practitioner (the second health practitioner ), mentioned in section 141A (1) or 141B (1) ; or a matter, relating to a student, mentioned in section 141B (3) .\n(sec.141C-ssec.2) For this Division, the first health practitioner is taken not to form the reasonable belief in the course of providing a health service to the second health practitioner or student if— the first health practitioner— is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and forms the reasonable belief about the matter as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or the first health practitioner forms the reasonable belief in the course of providing advice in relation to the matter for the purposes of a legal proceeding or the preparation of legal advice; or the first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the matter is an issue; or the first health practitioner— forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or the first health practitioner knows, or reasonably believes, the National Agency has been notified of the matter that forms the basis of the reasonable belief.\n- (a) a matter, relating to another registered health practitioner (the second health practitioner ), mentioned in section 141A (1) or 141B (1) ; or\n- (b) a matter, relating to a student, mentioned in section 141B (3) .\n- (a) the first health practitioner— (i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and (ii) forms the reasonable belief about the matter as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or\n- (i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and\n- (ii) forms the reasonable belief about the matter as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or\n- (b) the first health practitioner forms the reasonable belief in the course of providing advice in relation to the matter for the purposes of a legal proceeding or the preparation of legal advice; or\n- (c) the first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the matter is an issue; or\n- (d) the first health practitioner— (i) forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and (ii) is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or\n- (i) forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and\n- (ii) is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or\n- (e) the first health practitioner knows, or reasonably believes, the National Agency has been notified of the matter that forms the basis of the reasonable belief.\n- (i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and\n- (ii) forms the reasonable belief about the matter as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or\n- (i) forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and\n- (ii) is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or","sortOrder":282},{"sectionNumber":"sec.142","sectionType":"section","heading":"Mandatory notifications by employers","content":"### sec.142 Mandatory notifications by employers\n\nIf an employer of a registered health practitioner reasonably believes the health practitioner has behaved in a way that constitutes notifiable conduct, the employer must notify the National Agency of the notifiable conduct.\nAn employer takes action against a registered health practitioner by withdrawing or restricting the practitioner’s clinical privileges at a hospital because the employer reasonably believes the public is at risk of harm by the practitioner practising the profession in a way that constitutes a significant departure from accepted professional standards—see paragraph (d) of the definition of notifiable conduct in section 140 . The employer must notify the National Agency of the notifiable conduct.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237 (3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.\nIf the National Agency becomes aware that an employer of a registered health practitioner has failed to notify the Agency of notifiable conduct as required by subsection (1) , the Agency must give a written report about the failure to the responsible Minister for the participating jurisdiction in which the notifiable conduct occurred.\nAs soon as practicable after receiving a report under subsection (2) , the responsible Minister must report the employer’s failure to notify the Agency of the notifiable conduct to a health complaints entity, the employer’s licensing authority or another appropriate entity in that participating jurisdiction.\nIn this section—\nemployer , of a registered health practitioner, means an entity that employs the health practitioner under a contract of employment or a contract for services.\nlicensing authority , of an employer, means an entity that under a law of a participating jurisdiction is responsible for licensing, registering or authorising the employer to conduct the employer’s business.\nsch s 142 amd 2022 No. 22 s 91\n(sec.142-ssec.1) If an employer of a registered health practitioner reasonably believes the health practitioner has behaved in a way that constitutes notifiable conduct, the employer must notify the National Agency of the notifiable conduct. An employer takes action against a registered health practitioner by withdrawing or restricting the practitioner’s clinical privileges at a hospital because the employer reasonably believes the public is at risk of harm by the practitioner practising the profession in a way that constitutes a significant departure from accepted professional standards—see paragraph (d) of the definition of notifiable conduct in section 140 . The employer must notify the National Agency of the notifiable conduct. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237 (3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.\n(sec.142-ssec.2) If the National Agency becomes aware that an employer of a registered health practitioner has failed to notify the Agency of notifiable conduct as required by subsection (1) , the Agency must give a written report about the failure to the responsible Minister for the participating jurisdiction in which the notifiable conduct occurred.\n(sec.142-ssec.3) As soon as practicable after receiving a report under subsection (2) , the responsible Minister must report the employer’s failure to notify the Agency of the notifiable conduct to a health complaints entity, the employer’s licensing authority or another appropriate entity in that participating jurisdiction.\n(sec.142-ssec.4) In this section— employer , of a registered health practitioner, means an entity that employs the health practitioner under a contract of employment or a contract for services. licensing authority , of an employer, means an entity that under a law of a participating jurisdiction is responsible for licensing, registering or authorising the employer to conduct the employer’s business.","sortOrder":283},{"sectionNumber":"sec.143","sectionType":"section","heading":"Mandatory notifications by education providers","content":"### sec.143 Mandatory notifications by education providers\n\nAn education provider must notify the National Agency if the provider reasonably believes—\na student enrolled in a program of study provided by the provider has an impairment that, in the course of the student undertaking clinical training as part of the program of study, may place the public at substantial risk of harm; or\na student for whom the education provider has arranged clinical training has an impairment that, in the course of the student undertaking the clinical training, may place the public at substantial risk of harm;\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who make a notification under this Law. Section 237 (3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.\nA contravention of subsection (1) does not constitute an offence.\nHowever, if an education provider does not comply with subsection (1) —\nthe National Board established for the student’s health profession must publish details of the failure on the Board’s website; and\nthe National Agency may, on the recommendation of the National Board, include a statement about the failure in the Agency’s annual report.\nsch s 143 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.143-ssec.1) An education provider must notify the National Agency if the provider reasonably believes— a student enrolled in a program of study provided by the provider has an impairment that, in the course of the student undertaking clinical training as part of the program of study, may place the public at substantial risk of harm; or a student for whom the education provider has arranged clinical training has an impairment that, in the course of the student undertaking the clinical training, may place the public at substantial risk of harm; See section 237 which provides protection from civil, criminal and administrative liability for persons who make a notification under this Law. Section 237 (3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.\n(sec.143-ssec.2) A contravention of subsection (1) does not constitute an offence.\n(sec.143-ssec.3) However, if an education provider does not comply with subsection (1) — the National Board established for the student’s health profession must publish details of the failure on the Board’s website; and the National Agency may, on the recommendation of the National Board, include a statement about the failure in the Agency’s annual report.\n- (a) a student enrolled in a program of study provided by the provider has an impairment that, in the course of the student undertaking clinical training as part of the program of study, may place the public at substantial risk of harm; or\n- (b) a student for whom the education provider has arranged clinical training has an impairment that, in the course of the student undertaking the clinical training, may place the public at substantial risk of harm; Note. See section 237 which provides protection from civil, criminal and administrative liability for persons who make a notification under this Law. Section 237 (3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.\n- (a) the National Board established for the student’s health profession must publish details of the failure on the Board’s website; and\n- (b) the National Agency may, on the recommendation of the National Board, include a statement about the failure in the Agency’s annual report.","sortOrder":284},{"sectionNumber":"sch-inc-pt.8-div.3","sectionType":"division","heading":"Voluntary notifications","content":"## Voluntary notifications","sortOrder":285},{"sectionNumber":"sec.144","sectionType":"section","heading":"Grounds for voluntary notification","content":"### sec.144 Grounds for voluntary notification\n\nA voluntary notification about a registered health practitioner may be made to the National Agency on any of the following grounds—\nthat the practitioner’s professional conduct is, or may be, of a lesser standard than that which might reasonably be expected of the practitioner by the public or the practitioner’s professional peers;\nthat the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the practitioner’s health profession is, or may be, below the standard reasonably expected;\nthat the practitioner is not, or may not be, a suitable person to hold registration in the health profession, including, for example, that the practitioner is not a fit and proper person to be registered in the profession;\nthat the practitioner has, or may have, an impairment;\nthat the practitioner has, or may have, contravened this Law;\nthat the practitioner has, or may have, contravened a condition of the practitioner’s registration or an undertaking given by the practitioner to a National Board;\nthat the practitioner’s registration was, or may have been, improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular.\nA voluntary notification about a student may be made to the National Agency on the grounds that—\nthe student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or\nthe student has, or may have, an impairment; or\nthat the student has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board.\n(sec.144-ssec.1) A voluntary notification about a registered health practitioner may be made to the National Agency on any of the following grounds— that the practitioner’s professional conduct is, or may be, of a lesser standard than that which might reasonably be expected of the practitioner by the public or the practitioner’s professional peers; that the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the practitioner’s health profession is, or may be, below the standard reasonably expected; that the practitioner is not, or may not be, a suitable person to hold registration in the health profession, including, for example, that the practitioner is not a fit and proper person to be registered in the profession; that the practitioner has, or may have, an impairment; that the practitioner has, or may have, contravened this Law; that the practitioner has, or may have, contravened a condition of the practitioner’s registration or an undertaking given by the practitioner to a National Board; that the practitioner’s registration was, or may have been, improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular.\n(sec.144-ssec.2) A voluntary notification about a student may be made to the National Agency on the grounds that— the student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or the student has, or may have, an impairment; or that the student has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board.\n- (a) that the practitioner’s professional conduct is, or may be, of a lesser standard than that which might reasonably be expected of the practitioner by the public or the practitioner’s professional peers;\n- (b) that the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the practitioner’s health profession is, or may be, below the standard reasonably expected;\n- (c) that the practitioner is not, or may not be, a suitable person to hold registration in the health profession, including, for example, that the practitioner is not a fit and proper person to be registered 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 of the practitioner’s registration or an undertaking given by the practitioner to a National Board;\n- (g) that the practitioner’s registration was, or may have been, improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular.\n- (a) the student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months 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 student’s registration or an undertaking given by the student to a National Board.","sortOrder":286},{"sectionNumber":"sec.145","sectionType":"section","heading":"Who may make voluntary notification","content":"### sec.145 Who may make voluntary notification\n\nAny entity that believes that a ground on which a voluntary notification may be made exists in relation to a registered health practitioner or a student may notify the National Agency.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.","sortOrder":287},{"sectionNumber":"sch-inc-pt.8-div.4","sectionType":"division","heading":"Making a notification","content":"## Making a notification","sortOrder":288},{"sectionNumber":"sec.146","sectionType":"section","heading":"How notification is made","content":"### sec.146 How notification is made\n\nA notification may be made to the National Agency—\nverbally, including by telephone; or\nin writing, including by email or other electronic means.\nA notification must include particulars of the basis on which it is made.\nIf a notification is made verbally, the National Agency must make a record of the notification.\n(sec.146-ssec.1) A notification may be made to the National Agency— verbally, including by telephone; or in writing, including by email or other electronic means.\n(sec.146-ssec.2) A notification must include particulars of the basis on which it is made.\n(sec.146-ssec.3) If a notification is made verbally, the National Agency must make a record of the notification.\n- (a) verbally, including by telephone; or\n- (b) in writing, including by email or other electronic means.","sortOrder":289},{"sectionNumber":"sec.147","sectionType":"section","heading":"National Agency to provide reasonable assistance to notifier","content":"### sec.147 National Agency to provide reasonable assistance to notifier\n\nThe National Agency must, if asked by an entity, give the entity reasonable assistance to make a notification about a registered health practitioner or student.\nWithout limiting subsection (1) , the National Agency may assist an entity to make a notification if—\nthe entity is not able to put the entity’s notification in writing without assistance; or\nthe entity needs assistance to clarify the nature of the individual’s notification.\n(sec.147-ssec.1) The National Agency must, if asked by an entity, give the entity reasonable assistance to make a notification about a registered health practitioner or student.\n(sec.147-ssec.2) Without limiting subsection (1) , the National Agency may assist an entity to make a notification if— the entity is not able to put the entity’s notification in writing without assistance; or the entity needs assistance to clarify the nature of the individual’s notification.\n- (a) the entity is not able to put the entity’s notification in writing without assistance; or\n- (b) the entity needs assistance to clarify the nature of the individual’s notification.","sortOrder":290},{"sectionNumber":"sch-inc-pt.8-div.5","sectionType":"division","heading":"Preliminary assessment","content":"## Preliminary assessment","sortOrder":291},{"sectionNumber":"sec.148","sectionType":"section","heading":"Referral of notification to National Board or co-regulatory authority","content":"### sec.148 Referral of notification to National Board or co-regulatory authority\n\nSubject to subsections (2) and (3) , the National Agency must, as soon as practicable after receiving a notification about a registered health practitioner or a student, refer the notification to the National Board established for the practitioner’s or student’s health profession.\nIf the behaviour that is the basis for the ground for the notification occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction, the National Agency—\nmust not deal with the notification; and\nmust, as soon as practicable after receiving the notification, refer the notification to the co-regulatory authority for the co-regulatory jurisdiction.\nIf the behaviour that is the basis for the ground for the notification occurred, or is reasonably believed to have occurred, in more than one jurisdiction and one of the jurisdictions is a co-regulatory jurisdiction, the National Agency must—\nif the registered health practitioner’s principal place of practice is in the co-regulatory jurisdiction, refer the notification under subsection (2) ; or\notherwise, refer the notification under subsection (1) .\nsch s 148 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.148-ssec.1) Subject to subsections (2) and (3) , the National Agency must, as soon as practicable after receiving a notification about a registered health practitioner or a student, refer the notification to the National Board established for the practitioner’s or student’s health profession.\n(sec.148-ssec.2) If the behaviour that is the basis for the ground for the notification occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction, the National Agency— must not deal with the notification; and must, as soon as practicable after receiving the notification, refer the notification to the co-regulatory authority for the co-regulatory jurisdiction.\n(sec.148-ssec.3) If the behaviour that is the basis for the ground for the notification occurred, or is reasonably believed to have occurred, in more than one jurisdiction and one of the jurisdictions is a co-regulatory jurisdiction, the National Agency must— if the registered health practitioner’s principal place of practice is in the co-regulatory jurisdiction, refer the notification under subsection (2) ; or otherwise, refer the notification under subsection (1) .\n- (a) must not deal with the notification; and\n- (b) must, as soon as practicable after receiving the notification, refer the notification to the co-regulatory authority for the co-regulatory jurisdiction.\n- (a) if the registered health practitioner’s principal place of practice is in the co-regulatory jurisdiction, refer the notification under subsection (2) ; or\n- (b) otherwise, refer the notification under subsection (1) .","sortOrder":292},{"sectionNumber":"sec.149","sectionType":"section","heading":"Preliminary assessment","content":"### sec.149 Preliminary assessment\n\nA National Board must, within 60 days after receipt of a notification, conduct a preliminary assessment of the notification and decide—\nwhether or not the notification relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and\nwhether or not the notification relates to a matter that is a ground for notification; and\nif the notification is a notification referred to in paragraphs (a) and (b), whether or not it is a notification that could also be made to a health complaints entity.\nWithout limiting subsection (1) (b) , the National Board may decide the notification relates to a matter that is a ground for notification under section 144 on the basis of—\na single notification about a person; or\na number of notifications about a person including—\na number of notifications that suggest a pattern of conduct; and\nnotifications made to a health complaints entity.\nIf the National Board decides the notification relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the notification to that other Board.\nsch s 149 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.149-ssec.1) A National Board must, within 60 days after receipt of a notification, conduct a preliminary assessment of the notification and decide— whether or not the notification relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and whether or not the notification relates to a matter that is a ground for notification; and if the notification is a notification referred to in paragraphs (a) and (b), whether or not it is a notification that could also be made to a health complaints entity.\n(sec.149-ssec.2) Without limiting subsection (1) (b) , the National Board may decide the notification relates to a matter that is a ground for notification under section 144 on the basis of— a single notification about a person; or a number of notifications about a person including— a number of notifications that suggest a pattern of conduct; and notifications made to a health complaints entity.\n(sec.149-ssec.3) If the National Board decides the notification relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the notification to that other Board.\n- (a) whether or not the notification relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and\n- (b) whether or not the notification relates to a matter that is a ground for notification; and\n- (c) if the notification is a notification referred to in paragraphs (a) and (b), whether or not it is a notification that could also be made to a health complaints entity.\n- (a) a single notification about a person; or\n- (b) a number of notifications about a person including— (i) a number of notifications that suggest a pattern of conduct; and (ii) notifications made to a health complaints entity.\n- (i) a number of notifications that suggest a pattern of conduct; and\n- (ii) notifications made to a health complaints entity.\n- (i) a number of notifications that suggest a pattern of conduct; and\n- (ii) notifications made to a health complaints entity.","sortOrder":293},{"sectionNumber":"sec.149A","sectionType":"section","heading":"Power to require information","content":"### sec.149A Power to require information\n\nFor the purpose of conducting the preliminary assessment of a notification, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way.\nThe person must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nWithout limiting subsection (2) , it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual.\nsch s 149A ins 2022 No. 22 s 92\n(sec.149A-ssec.1) For the purpose of conducting the preliminary assessment of a notification, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way.\n(sec.149A-ssec.2) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sec.149A-ssec.3) Without limiting subsection (2) , it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.","sortOrder":294},{"sectionNumber":"sec.149B","sectionType":"section","heading":"Inspection of documents","content":"### sec.149B Inspection of documents\n\nIf a document is produced to a National Board, the Board may—\ninspect the document; and\nmake a copy of, or take an extract from, the document; and\nkeep the document while it is necessary for the preliminary assessment of a notification.\nIf the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board.\nsch s 149B ins 2022 No. 22 s 92\n(sec.149B-ssec.1) If a document is produced to a National Board, the Board may— inspect the document; and make a copy of, or take an extract from, the document; and keep the document while it is necessary for the preliminary assessment of a notification.\n(sec.149B-ssec.2) If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board.\n- (a) inspect the document; and\n- (b) make a copy of, or take an extract from, the document; and\n- (c) keep the document while it is necessary for the preliminary assessment of a notification.","sortOrder":295},{"sectionNumber":"sec.150","sectionType":"section","heading":"Relationship with health complaints entity","content":"### sec.150 Relationship with health complaints entity\n\nIf the subject matter of a notification would also provide a ground for a complaint to a health complaints entity under a law of a participating jurisdiction, the National Board that received the notification must, as soon as practicable after its receipt—\nnotify the health complaints entity that the Board has received the notification; and\ngive to the health complaints entity—\na copy of the notification or, if the notification was not made in writing, a copy of the National Agency’s record of the details of the notification; and\nany other information the Board has that is relevant to the notification.\nIf a health complaints entity receives a complaint about a health practitioner, the health complaints entity must, as soon as practicable after its receipt—\nnotify the National Board established for the practitioner’s health profession that the health complaints entity has received the complaint; and\ngive to the National Board—\na copy of the complaint or, if the complaint was not made in writing, a copy of the health complaints entity’s record of the details of the complaint; and\nany other information the health complaints entity has that is relevant to the complaint.\nThe National Board and the health complaints entity must attempt to reach agreement about how the notification or complaint is to be dealt with, including—\nwhether the Board is to deal with the notification or complaint, or part of the notification or complaint, or to decide to take no further action in relation to it; and\nif the Board is to deal with the notification or complaint or part of the notification or complaint, the action the Board is to take.\nIf the National Board and the health complaints entity are not able to reach agreement on how the notification or complaint, or part of the notification or complaint, is to be dealt with, the most serious action proposed by either must be taken.\nIf an investigation or other action, other than conciliation, taken by a health complaints entity raises issues about the health, conduct or performance of a registered health practitioner, the health complaints entity must give the National Board established for the practitioner’s health profession written notice of the issues.\nIf a notification, or part of a notification, received by a National Board is referred to a health complaints entity, the Board may decide to take no further action in relation to the notification or the part of the notification until the entity gives the Board written notice that the entity has finished dealing with it.\nIf a National Board or an adjudication body takes health, conduct or performance action in relation to a registered health practitioner, the Board established for the practitioner’s health profession must give written notice of the action to the health complaints entity for the participating jurisdiction in which the behaviour that provided the basis for the action occurred.\nA written notice under subsection (5) or (7) must include—\nsufficient particulars to identify the registered health practitioner; and\ndetails of—\nthe issues raised about the health, conduct or performance of the registered health practitioner; or\nthe health, conduct or performance action taken in relation to the registered health practitioner.\nsch s 150 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.150-ssec.1) If the subject matter of a notification would also provide a ground for a complaint to a health complaints entity under a law of a participating jurisdiction, the National Board that received the notification must, as soon as practicable after its receipt— notify the health complaints entity that the Board has received the notification; and give to the health complaints entity— a copy of the notification or, if the notification was not made in writing, a copy of the National Agency’s record of the details of the notification; and any other information the Board has that is relevant to the notification.\n(sec.150-ssec.2) If a health complaints entity receives a complaint about a health practitioner, the health complaints entity must, as soon as practicable after its receipt— notify the National Board established for the practitioner’s health profession that the health complaints entity has received the complaint; and give to the National Board— a copy of the complaint or, if the complaint was not made in writing, a copy of the health complaints entity’s record of the details of the complaint; and any other information the health complaints entity has that is relevant to the complaint.\n(sec.150-ssec.3) The National Board and the health complaints entity must attempt to reach agreement about how the notification or complaint is to be dealt with, including— whether the Board is to deal with the notification or complaint, or part of the notification or complaint, or to decide to take no further action in relation to it; and if the Board is to deal with the notification or complaint or part of the notification or complaint, the action the Board is to take.\n(sec.150-ssec.4) If the National Board and the health complaints entity are not able to reach agreement on how the notification or complaint, or part of the notification or complaint, is to be dealt with, the most serious action proposed by either must be taken.\n(sec.150-ssec.5) If an investigation or other action, other than conciliation, taken by a health complaints entity raises issues about the health, conduct or performance of a registered health practitioner, the health complaints entity must give the National Board established for the practitioner’s health profession written notice of the issues.\n(sec.150-ssec.6) If a notification, or part of a notification, received by a National Board is referred to a health complaints entity, the Board may decide to take no further action in relation to the notification or the part of the notification until the entity gives the Board written notice that the entity has finished dealing with it.\n(sec.150-ssec.7) If a National Board or an adjudication body takes health, conduct or performance action in relation to a registered health practitioner, the Board established for the practitioner’s health profession must give written notice of the action to the health complaints entity for the participating jurisdiction in which the behaviour that provided the basis for the action occurred.\n(sec.150-ssec.8) A written notice under subsection (5) or (7) must include— sufficient particulars to identify the registered health practitioner; and details of— the issues raised about the health, conduct or performance of the registered health practitioner; or the health, conduct or performance action taken in relation to the registered health practitioner.\n- (a) notify the health complaints entity that the Board has received the notification; and\n- (b) give to the health complaints entity— (i) a copy of the notification or, if the notification was not made in writing, a copy of the National Agency’s record of the details of the notification; and (ii) any other information the Board has that is relevant to the notification.\n- (i) a copy of the notification or, if the notification was not made in writing, a copy of the National Agency’s record of the details of the notification; and\n- (ii) any other information the Board has that is relevant to the notification.\n- (i) a copy of the notification or, if the notification was not made in writing, a copy of the National Agency’s record of the details of the notification; and\n- (ii) any other information the Board has that is relevant to the notification.\n- (a) notify the National Board established for the practitioner’s health profession that the health complaints entity has received the complaint; and\n- (b) give to the National Board— (i) a copy of the complaint or, if the complaint was not made in writing, a copy of the health complaints entity’s record of the details of the complaint; and (ii) any other information the health complaints entity has that is relevant to the complaint.\n- (i) a copy of the complaint or, if the complaint was not made in writing, a copy of the health complaints entity’s record of the details of the complaint; and\n- (ii) any other information the health complaints entity has that is relevant to the complaint.\n- (i) a copy of the complaint or, if the complaint was not made in writing, a copy of the health complaints entity’s record of the details of the complaint; and\n- (ii) any other information the health complaints entity has that is relevant to the complaint.\n- (a) whether the Board is to deal with the notification or complaint, or part of the notification or complaint, or to decide to take no further action in relation to it; and\n- (b) if the Board is to deal with the notification or complaint or part of the notification or complaint, the action the Board is to take.\n- (a) sufficient particulars to identify the registered health practitioner; and\n- (b) details of— (i) the issues raised about the health, conduct or performance of the registered health practitioner; or (ii) the health, conduct or performance action taken in relation to the registered health practitioner.\n- (i) the issues raised about the health, conduct or performance of the registered health practitioner; or\n- (ii) the health, conduct or performance action taken in relation to the registered health practitioner.\n- (i) the issues raised about the health, conduct or performance of the registered health practitioner; or\n- (ii) the health, conduct or performance action taken in relation to the registered health practitioner.","sortOrder":296},{"sectionNumber":"sec.150A","sectionType":"section","heading":"Referral to other entities","content":"### sec.150A Referral to other entities\n\nIf, after conducting the preliminary assessment of a notification, the National Board decides the subject matter, or part of the subject matter, of the notification may be dealt with by another entity, the Board may refer the notification or part of the notification to the other entity.\nA decision by the National Board to refer a notification or part of a notification to another entity does not prevent the Board from continuing to deal with the notification or part of the notification.\nIf the National Board decides to refer a notification or part of a notification to another entity, it must give the other entity—\na copy of the notification or, if the notification was not made in writing, a copy of the Board’s record of the details of the notification; and\nany other information the Board has that is relevant to the notification.\nThe National Board may ask the other entity to give the Board information about how the subject matter of the notification or the part of the notification was resolved.\nThe other entity may provide the information requested by the National Board.\nsch s 150A ins 2022 No. 22 s 103\n(sec.150A-ssec.1) If, after conducting the preliminary assessment of a notification, the National Board decides the subject matter, or part of the subject matter, of the notification may be dealt with by another entity, the Board may refer the notification or part of the notification to the other entity.\n(sec.150A-ssec.2) A decision by the National Board to refer a notification or part of a notification to another entity does not prevent the Board from continuing to deal with the notification or part of the notification.\n(sec.150A-ssec.3) If the National Board decides to refer a notification or part of a notification to another entity, it must give the other entity— a copy of the notification or, if the notification was not made in writing, a copy of the Board’s record of the details of the notification; and any other information the Board has that is relevant to the notification.\n(sec.150A-ssec.4) The National Board may ask the other entity to give the Board information about how the subject matter of the notification or the part of the notification was resolved.\n(sec.150A-ssec.5) The other entity may provide the information requested by the National Board.\n- (a) a copy of the notification or, if the notification was not made in writing, a copy of the Board’s record of the details of the notification; and\n- (b) any other information the Board has that is relevant to the notification.","sortOrder":297},{"sectionNumber":"sec.151","sectionType":"section","heading":"When National Board may decide to take no further action","content":"### sec.151 When National Board may decide to take no further action\n\nA National Board may decide to take no further action in relation to a notification if—\nthe Board reasonably believes the notification is frivolous, vexatious, misconceived or lacking in substance; or\ngiven the amount of time that has elapsed since the matter the subject of the notification occurred, it is not practicable for the Board to investigate or otherwise deal with the notification; or\nthe person to whom the notification relates has not been, or is no longer, registered in a health profession for which the Board is established and it is not in the public interest for the Board to investigate or otherwise deal with the notification; or\nthe subject matter of the notification has already been dealt with adequately by the Board; or\nthe subject matter of the notification—\nis being dealt with, or has already been dealt with, by another entity; or\nhas been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or\nthe health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification.\nA National Board may decide to take no further action in relation to part of a notification if the subject matter of the part of the notification has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity.\nA decision by a National Board to decide to take no further action in relation to a notification does not prevent a National Board or adjudication body taking the notification into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.\nIf a National Board decides to take no further action in relation to a notification it must give written notice of the decision to the notifier.\nA notice under subsection (3) must state—\nthat the National Board has decided to take no further action in relation to the notification; and\nthe reason the Board has decided to take no further action.\nsch s 151 amd 2017 No. 32 ss 22, 87(1) s ch 1 pt 1 ; 2022 No. 22 s 104\n(sec.151-ssec.1) A National Board may decide to take no further action in relation to a notification if— the Board reasonably believes the notification is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the notification occurred, it is not practicable for the Board to investigate or otherwise deal with the notification; or the person to whom the notification relates has not been, or is no longer, registered in a health profession for which the Board is established and it is not in the public interest for the Board to investigate or otherwise deal with the notification; or the subject matter of the notification has already been dealt with adequately by the Board; or the subject matter of the notification— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or the health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification.\n(sec.151-ssec.1A) A National Board may decide to take no further action in relation to part of a notification if the subject matter of the part of the notification has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity.\n(sec.151-ssec.2) A decision by a National Board to decide to take no further action in relation to a notification does not prevent a National Board or adjudication body taking the notification into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.\n(sec.151-ssec.3) If a National Board decides to take no further action in relation to a notification it must give written notice of the decision to the notifier.\n(sec.151-ssec.4) A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the notification; and the reason the Board has decided to take no further action.\n- (a) the Board reasonably believes the notification is frivolous, vexatious, misconceived or lacking in substance; or\n- (b) given the amount of time that has elapsed since the matter the subject of the notification occurred, it is not practicable for the Board to investigate or otherwise deal with the notification; or\n- (c) the person to whom the notification relates has not been, or is no longer, registered in a health profession for which the Board is established and it is not in the public interest for the Board to investigate or otherwise deal with the notification; or\n- (d) the subject matter of the notification has already been dealt with adequately by the Board; or\n- (e) the subject matter of the notification— (i) is being dealt with, or has already been dealt with, by another entity; or (ii) has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or\n- (i) is being dealt with, or has already been dealt with, by another entity; or\n- (ii) has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or\n- (f) the health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification.\n- (i) is being dealt with, or has already been dealt with, by another entity; or\n- (ii) has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or\n- (a) that the National Board has decided to take no further action in relation to the notification; and\n- (b) the reason the Board has decided to take no further action.","sortOrder":298},{"sectionNumber":"sec.152","sectionType":"section","heading":"National Board to give notice of receipt of notification","content":"### sec.152 National Board to give notice of receipt of notification\n\nA National Board must, as soon as practicable after receiving a notification about a registered health practitioner or student, give written notice of the notification to the practitioner or student.\nThe notice must advise the registered health practitioner or student of the nature of the notification.\nDespite subsection (1) , the National Board is not required to give the registered health practitioner or student notice of the notification if the Board reasonably believes doing so would—\nprejudice an investigation of the notification; or\nplace at risk a person’s health or safety or place a person at risk of intimidation or harassment.\n(sec.152-ssec.1) A National Board must, as soon as practicable after receiving a notification about a registered health practitioner or student, give written notice of the notification to the practitioner or student.\n(sec.152-ssec.2) The notice must advise the registered health practitioner or student of the nature of the notification.\n(sec.152-ssec.3) Despite subsection (1) , the National Board is not required to give the registered health practitioner or student notice of the notification if the Board reasonably believes doing so would— prejudice an investigation of the notification; or place at risk a person’s health or safety or place a person at risk of intimidation or harassment.\n- (a) prejudice an investigation of the notification; or\n- (b) place at risk a person’s health or safety or place a person at risk of intimidation or harassment.","sortOrder":299},{"sectionNumber":"sch-inc-pt.8-div.6","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":300},{"sectionNumber":"sec.153","sectionType":"section","heading":"National Board may deal with notifications about same person together","content":"### sec.153 National Board may deal with notifications about same person together\n\nIf the National Agency receives more than one notification about a registered health practitioner or student, the National Board established for the health profession in which the practitioner or student is registered may deal with the notifications together.","sortOrder":301},{"sectionNumber":"sec.154","sectionType":"section","heading":"National Boards may deal with notifications collaboratively","content":"### sec.154 National Boards may deal with notifications collaboratively\n\nThis section applies if a notification received by a National Board relates to—\na registered health practitioner who is registered in more than one health profession; or\nmore than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or\na person who is registered as a student in more than one health profession; or\nmore than one student and the students are registered in 2 or more different health professions.\nThe National Board may deal with the notification in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered.\n(sec.154-ssec.1) This section applies if a notification received by a National Board relates to— a registered health practitioner who is registered in more than one health profession; or more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or a person who is registered as a student in more than one health profession; or more than one student and the students are registered in 2 or more different health professions.\n(sec.154-ssec.2) The National Board may deal with the notification in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered.\n- (a) a registered health practitioner who is registered in more than one health profession; or\n- (b) more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or\n- (c) a person who is registered as a student in more than one health profession; or\n- (d) more than one student and the students are registered in 2 or more different health professions.","sortOrder":302},{"sectionNumber":"sch-inc-pt.8-div.7","sectionType":"division","heading":"Immediate action","content":"## Immediate action","sortOrder":303},{"sectionNumber":"sec.155","sectionType":"section","heading":"Definition","content":"### sec.155 Definition\n\nIn this Division—\nimmediate action , in relation to a registered health practitioner or student, means—\nthe suspension, or imposition of a condition on, the health practitioner’s or student’s registration; or\naccepting an undertaking from the health practitioner or student; or\naccepting the surrender of the health practitioner’s or student’s registration; or\nif immediate action has previously been taken suspending a health practitioner’s or student’s registration—the revocation of the suspension and the imposition of a condition on the registration; or\nif immediate action has previously been taken imposing a condition on a health practitioner’s or student’s registration—the suspension of the registration instead of the condition.\nsch s 155 def immediate action amd 2017 No. 32 s 23 ; 2022 No. 22 s 121\n- (a) the suspension, or imposition of a condition on, the health practitioner’s or student’s registration; or\n- (b) accepting an undertaking from the health practitioner or student; or\n- (c) accepting the surrender of the health practitioner’s or student’s registration; or\n- (d) if immediate action has previously been taken suspending a health practitioner’s or student’s registration—the revocation of the suspension and the imposition of a condition on the registration; or\n- (e) if immediate action has previously been taken imposing a condition on a health practitioner’s or student’s registration—the suspension of the registration instead of the condition.","sortOrder":304},{"sectionNumber":"sec.156","sectionType":"section","heading":"Power to take immediate action","content":"### sec.156 Power to take immediate action\n\nA National Board may take immediate action in relation to a registered health practitioner or student registered in a health profession for which the Board is established if—\nthe National Board reasonably believes that—\nbecause of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and\nit is necessary to take immediate action to protect public health or safety; or\nthe National Board reasonably believes that—\nthe student poses a serious risk to persons because the student—\nhas been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or\nhas, or may have, an impairment; or\nhas, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and\nit is necessary to take immediate action to protect public health or safety; or\nthe registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular; or\nthe registered health practitioner’s or student’s registration has been cancelled or suspended under the law of a jurisdiction, whether in Australia or elsewhere, that is not a participating jurisdiction.\nthe National Board reasonably believes the action is otherwise in the public interest.\nA registered health practitioner is charged with a serious criminal offence, unrelated to the practitioner’s practice, for which immediate action is required to be taken to maintain public confidence in the provision of services by health practitioners.\nHowever, the National Board may take immediate action that consists of suspending, or imposing a condition on, the health practitioner’s or student’s registration only if the Board has complied with section 157 .\nsch s 156 amd 2017 No. 32 ss 24, 87(1) s ch 1 pt 1 ; 2022 No. 22 s 122\n(sec.156-ssec.1) A National Board may take immediate action in relation to a registered health practitioner or student registered in a health profession for which the Board is established if— the National Board reasonably believes that— because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and it is necessary to take immediate action to protect public health or safety; or the National Board reasonably believes that— the student poses a serious risk to persons because the student— has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or has, or may have, an impairment; or has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and it is necessary to take immediate action to protect public health or safety; or the registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular; or the registered health practitioner’s or student’s registration has been cancelled or suspended under the law of a jurisdiction, whether in Australia or elsewhere, that is not a participating jurisdiction. the National Board reasonably believes the action is otherwise in the public interest. A registered health practitioner is charged with a serious criminal offence, unrelated to the practitioner’s practice, for which immediate action is required to be taken to maintain public confidence in the provision of services by health practitioners.\n(sec.156-ssec.2) However, the National Board may take immediate action that consists of suspending, or imposing a condition on, the health practitioner’s or student’s registration only if the Board has complied with section 157 .\n- (a) the National Board reasonably believes that— (i) because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and (ii) it is necessary to take immediate action to protect public health or safety; or\n- (i) because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and\n- (ii) it is necessary to take immediate action to protect public health or safety; or\n- (b) the National Board reasonably believes that— (i) the student poses a serious risk to persons because the student— (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or (B) has, or may have, an impairment; or (C) has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and (ii) it is necessary to take immediate action to protect public health or safety; or\n- (i) the student poses a serious risk to persons because the student— (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or (B) has, or may have, an impairment; or (C) has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and\n- (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable 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 student’s registration or an undertaking given by the student to a National Board; and\n- (ii) it is necessary to take immediate action to protect public health or safety; or\n- (c) the registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular; or\n- (d) the registered health practitioner’s or student’s registration has been cancelled or suspended under the law of a jurisdiction, whether in Australia or elsewhere, that is not a participating jurisdiction.\n- (e) the National Board reasonably believes the action is otherwise in the public interest. Example of when action may be taken in the public interest— A registered health practitioner is charged with a serious criminal offence, unrelated to the practitioner’s practice, for which immediate action is required to be taken to maintain public confidence in the provision of services by health practitioners.\n- (i) because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and\n- (ii) it is necessary to take immediate action to protect public health or safety; or\n- (i) the student poses a serious risk to persons because the student— (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or (B) has, or may have, an impairment; or (C) has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and\n- (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable 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 student’s registration or an undertaking given by the student to a National Board; and\n- (ii) it is necessary to take immediate action to protect public health or safety; or\n- (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable 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 student’s registration or an undertaking given by the student to a National Board; and","sortOrder":305},{"sectionNumber":"sec.157","sectionType":"section","heading":"Show cause process","content":"### sec.157 Show cause process\n\nIf a National Board is proposing to take immediate action that consists of suspending, or imposing a condition on, a registered health practitioner’s or student’s registration under section 156 , the Board must—\ngive the practitioner or student notice of the proposed immediate action; and\ninvite the practitioner or student to make a submission to the Board, within the time stated in the notice about the proposed immediate action.\nA notice given to a registered health practitioner or student under subsection (1) , and any submissions made by the practitioner or student in accordance with the notice, may be written or verbal.\nThe National Board must have regard to any submissions made by the registered health practitioner or student in accordance with this section in deciding whether to take immediate action in relation to the practitioner or student.\n(sec.157-ssec.1) If a National Board is proposing to take immediate action that consists of suspending, or imposing a condition on, a registered health practitioner’s or student’s registration under section 156 , the Board must— give the practitioner or student notice of the proposed immediate action; and invite the practitioner or student to make a submission to the Board, within the time stated in the notice about the proposed immediate action.\n(sec.157-ssec.2) A notice given to a registered health practitioner or student under subsection (1) , and any submissions made by the practitioner or student in accordance with the notice, may be written or verbal.\n(sec.157-ssec.3) The National Board must have regard to any submissions made by the registered health practitioner or student in accordance with this section in deciding whether to take immediate action in relation to the practitioner or student.\n- (a) give the practitioner or student notice of the proposed immediate action; and\n- (b) invite the practitioner or student to make a submission to the Board, within the time stated in the notice about the proposed immediate action.","sortOrder":306},{"sectionNumber":"sec.158","sectionType":"section","heading":"Notice to be given to registered health practitioner or student about immediate action","content":"### sec.158 Notice to be given to registered health practitioner or student about immediate action\n\nImmediately after deciding to take immediate action in relation to a registered health practitioner or student, the National Board must—\ngive written notice of the Board’s decision to the health practitioner or student; and\ntake the further action under this Part the Board considers appropriate, including, for example, investigating the practitioner or student or requiring the practitioner or student to undergo a health or performance assessment.\nThe notice must state—\nthe immediate action the National Board has decided to take; and\nthe reasons for the decision to take the immediate action; and\nthe further action the National Board proposes to take under this Part in relation to the health practitioner or student; and\nthat the registered health practitioner or student may appeal against the decision to take the immediate action if the action is to suspend, or impose a condition on, the practitioner’s or student’s registration; and\nhow an application for appeal may be made and the period within which the application must be made.\n(sec.158-ssec.1) Immediately after deciding to take immediate action in relation to a registered health practitioner or student, the National Board must— give written notice of the Board’s decision to the health practitioner or student; and take the further action under this Part the Board considers appropriate, including, for example, investigating the practitioner or student or requiring the practitioner or student to undergo a health or performance assessment.\n(sec.158-ssec.2) The notice must state— the immediate action the National Board has decided to take; and the reasons for the decision to take the immediate action; and the further action the National Board proposes to take under this Part in relation to the health practitioner or student; and that the registered health practitioner or student may appeal against the decision to take the immediate action if the action is to suspend, or impose a condition on, the practitioner’s or student’s registration; and how an application for appeal may be made and the period within which the application must be made.\n- (a) give written notice of the Board’s decision to the health practitioner or student; and\n- (b) take the further action under this Part the Board considers appropriate, including, for example, investigating the practitioner or student or requiring the practitioner or student to undergo a health or performance assessment.\n- (a) the immediate action the National Board has decided to take; and\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 Part in relation to the health practitioner or student; and\n- (d) that the registered health practitioner or student may appeal against the decision to take the immediate action if the action is to suspend, or impose a condition on, the practitioner’s or student’s registration; and\n- (e) how an application for appeal may be made and the period within which the application must be made.","sortOrder":307},{"sectionNumber":"sec.159","sectionType":"section","heading":"Period of immediate action","content":"### sec.159 Period of immediate action\n\nThe decision by the National Board to take immediate action in relation to the registered health practitioner or student takes effect on—\nthe day the notice is given to the practitioner or student; or\nthe later day stated in the notice.\nThe decision continues to have effect until the earlier of the following occurs—\nthe decision is set aside on appeal;\nfor the suspension of, or imposition of conditions on, the registered health practitioner’s or student’s registration, the suspension is revoked, or the conditions are removed, by the National Board; or\nfor an undertaking, the National Board and the registered health practitioner or student agree to end the undertaking.\n(sec.159-ssec.1) The decision by the National Board to take immediate action in relation to the registered health practitioner or student takes effect on— the day the notice is given to the practitioner or student; or the later day stated in the notice.\n(sec.159-ssec.2) The decision continues to have effect until the earlier of the following occurs— the decision is set aside on appeal; for the suspension of, or imposition of conditions on, the registered health practitioner’s or student’s registration, the suspension is revoked, or the conditions are removed, by the National Board; or for an undertaking, the National Board and the registered health practitioner or student agree to end the undertaking.\n- (a) the day the notice is given to the practitioner or student; or\n- (b) the later day stated in the notice.\n- (a) the decision is set aside on appeal;\n- (b) for the suspension of, or imposition of conditions on, the registered health practitioner’s or student’s registration, the suspension is revoked, or the conditions are removed, by the National Board; or\n- (c) for an undertaking, the National Board and the registered health practitioner or student agree to end the undertaking.","sortOrder":308},{"sectionNumber":"sec.159A","sectionType":"section","heading":"Board may give information to notifier about immediate action","content":"### sec.159A Board may give information to notifier about immediate action\n\nThis section applies if a notification about a registered health practitioner or student results in immediate action by a National Board under this division in relation to the practitioner or student.\nAfter deciding to take the immediate action, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.\nsch s 159A ins 2017 No. 32 s 25\n(sec.159A-ssec.1) This section applies if a notification about a registered health practitioner or student results in immediate action by a National Board under this division in relation to the practitioner or student.\n(sec.159A-ssec.2) After deciding to take the immediate action, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.","sortOrder":309},{"sectionNumber":"sch-inc-pt.8-div.7A","sectionType":"division","heading":"Interim prohibition orders","content":"## Interim prohibition orders","sortOrder":310},{"sectionNumber":"sec.159B","sectionType":"section","heading":"Definitions","content":"### sec.159B Definitions\n\nIn this Division—\ninterim prohibition order , in relation to an individual named in the order, means an order in relation to any or all of the following—\nprohibiting the individual from doing either or both of the following—\nproviding a specified health service or all health services;\ntaking or using a specified title or any title protected under Subdivision 1 of Division 10 of Part 7 ;\nimposing restrictions on the provision of a specified health service or all health services by the individual.\nrelevant provision means any of the following provisions—\nsection 113 ;\nsections 115 to 119 ;\nsections 121 to 123 ;\nsection 133 ;\nsection 136 .\nsch s 159B ins 2022 No. 22 s 94\n- (a) prohibiting the individual from doing either or both of the following— (i) providing a specified health service or all health services; (ii) taking or using a specified title or any title protected under Subdivision 1 of Division 10 of Part 7 ;\n- (i) providing a specified health service or all health services;\n- (ii) taking or using a specified title or any title protected under Subdivision 1 of Division 10 of Part 7 ;\n- (b) imposing restrictions on the provision of a specified health service or all health services by the individual.\n- (i) providing a specified health service or all health services;\n- (ii) taking or using a specified title or any title protected under Subdivision 1 of Division 10 of Part 7 ;\n- (a) section 113 ;\n- (b) sections 115 to 119 ;\n- (c) sections 121 to 123 ;\n- (d) section 133 ;\n- (e) section 136 .","sortOrder":311},{"sectionNumber":"sec.159C","sectionType":"section","heading":"Issuing of interim prohibition order","content":"### sec.159C Issuing of interim prohibition order\n\nA regulatory body may issue an interim prohibition order to an unregistered person if—\nthe person—\nhas, in the regulatory body’s reasonable belief, contravened a relevant provision; or\nis the subject of an assessment, investigation or other proceedings under this Part; and\nthe regulatory body reasonably believes that—\nthe person poses a serious risk to persons; and\nit is necessary that the person be subject to an interim prohibition order to protect public health or safety.\nSubsection (1) (a) extends to an unregistered person who—\ncontravened a relevant provision while the person was a registered health practitioner; or\nis the subject of an assessment, investigation or other proceedings under this Part in relation to the person’s conduct while the person was a registered health practitioner.\nsch s 159C ins 2022 No. 22 s 94\n(sec.159C-ssec.1) A regulatory body may issue an interim prohibition order to an unregistered person if— the person— has, in the regulatory body’s reasonable belief, contravened a relevant provision; or is the subject of an assessment, investigation or other proceedings under this Part; and the regulatory body reasonably believes that— the person poses a serious risk to persons; and it is necessary that the person be subject to an interim prohibition order to protect public health or safety.\n(sec.159C-ssec.2) Subsection (1) (a) extends to an unregistered person who— contravened a relevant provision while the person was a registered health practitioner; or is the subject of an assessment, investigation or other proceedings under this Part in relation to the person’s conduct while the person was a registered health practitioner.\n- (a) the person— (i) has, in the regulatory body’s reasonable belief, contravened a relevant provision; or (ii) is the subject of an assessment, investigation or other proceedings under this Part; and\n- (i) has, in the regulatory body’s reasonable belief, contravened a relevant provision; or\n- (ii) is the subject of an assessment, investigation or other proceedings under this Part; and\n- (b) the regulatory body reasonably believes that— (i) the person poses a serious risk to persons; and (ii) it is necessary that the person be subject to an interim prohibition order to protect public health or safety.\n- (i) the person poses a serious risk to persons; and\n- (ii) it is necessary that the person be subject to an interim prohibition order to protect public health or safety.\n- (i) has, in the regulatory body’s reasonable belief, contravened a relevant provision; or\n- (ii) is the subject of an assessment, investigation or other proceedings under this Part; and\n- (i) the person poses a serious risk to persons; and\n- (ii) it is necessary that the person be subject to an interim prohibition order to protect public health or safety.\n- (a) contravened a relevant provision while the person was a registered health practitioner; or\n- (b) is the subject of an assessment, investigation or other proceedings under this Part in relation to the person’s conduct while the person was a registered health practitioner.","sortOrder":312},{"sectionNumber":"sec.159D","sectionType":"section","heading":"Show cause process for interim prohibition orders","content":"### sec.159D Show cause process for interim prohibition orders\n\nIf a regulatory body proposes to issue an interim prohibition order to an unregistered person, the body must give the person notice of the proposed order.\nNotice given under subsection (1) —\nmay be given in writing or verbally; and\nmust invite the unregistered person to make written or verbal submissions to the regulatory body, within the stated time, about the proposed interim prohibition order.\nAfter considering any submission made by the unregistered person in accordance with the notice, the regulatory body must—\ndecide whether or not to issue the interim prohibition order; and\nimmediately after making the decision, give the unregistered person written notice of the body’s decision.\nThe notice of the regulatory body’s decision must include the following—\nthe decision made by the body;\nthe reasons for the body’s decision;\nif the decision is to issue the interim prohibition order—\nthat the unregistered person may appeal against the decision; and\nhow an application for an appeal may be made; and\nthe period within which the application must be made.\nsch s 159D ins 2022 No. 22 s 94\n(sec.159D-ssec.1) If a regulatory body proposes to issue an interim prohibition order to an unregistered person, the body must give the person notice of the proposed order.\n(sec.159D-ssec.2) Notice given under subsection (1) — may be given in writing or verbally; and must invite the unregistered person to make written or verbal submissions to the regulatory body, within the stated time, about the proposed interim prohibition order.\n(sec.159D-ssec.3) After considering any submission made by the unregistered person in accordance with the notice, the regulatory body must— decide whether or not to issue the interim prohibition order; and immediately after making the decision, give the unregistered person written notice of the body’s decision.\n(sec.159D-ssec.4) The notice of the regulatory body’s decision must include the following— the decision made by the body; the reasons for the body’s decision; if the decision is to issue the interim prohibition order— that the unregistered person may appeal against the decision; and how an application for an appeal may be made; and the period within which the application must be made.\n- (a) may be given in writing or verbally; and\n- (b) must invite the unregistered person to make written or verbal submissions to the regulatory body, within the stated time, about the proposed interim prohibition order.\n- (a) decide whether or not to issue the interim prohibition order; and\n- (b) immediately after making the decision, give the unregistered person written notice of the body’s decision.\n- (a) the decision made by the body;\n- (b) the reasons for the body’s decision;\n- (c) if the decision is to issue the interim prohibition order— (i) that the unregistered person may appeal against the decision; and (ii) how an application for an appeal may be made; and (iii) the period within which the application must be made.\n- (i) that the unregistered person may appeal against the decision; and\n- (ii) how an application for an appeal may be made; and\n- (iii) the period within which the application must be made.\n- (i) that the unregistered person may appeal against the decision; and\n- (ii) how an application for an appeal may be made; and\n- (iii) the period within which the application must be made.","sortOrder":313},{"sectionNumber":"sec.159E","sectionType":"section","heading":"Decision to take urgent action to issue interim prohibition order","content":"### sec.159E Decision to take urgent action to issue interim prohibition order\n\nThis section applies if a regulatory body—\nproposes to issue an interim prohibition order to an unregistered person under section 159C ; and\nreasonably believes it is necessary to take urgent action to issue the interim prohibition order to protect public health or safety.\nDespite section 159D , the regulatory body may issue the unregistered person with an interim prohibition order without complying with the requirements of that section.\nThe interim prohibition order must be accompanied by a notice inviting the unregistered person to make a written or verbal submission to the regulatory body, within the time stated in the notice, about the interim prohibition order.\nThe time stated in the notice for the making of the submission must not be less than 7 days after the notice is given to the unregistered person.\nThe regulatory body must consider any submissions made by the unregistered person within a reasonable time.\nAfter considering any submission made by the unregistered person in accordance with the notice, the regulatory body must—\ndecide to confirm the issue of the interim prohibition order or revoke it; and\ngive the unregistered person written notice of the body’s decision.\nThe notice of the regulatory body’s decision must include the following—\nthe decision made by the body;\nthe reasons for the body’s decision;\nif the decision is to confirm the issue of the interim prohibition order—\nthat the unregistered person may appeal against the decision; and\nhow an application for an appeal may be made; and\nthe period within which the application must be made.\nsch s 159E ins 2022 No. 22 s 94\n(sec.159E-ssec.1) This section applies if a regulatory body— proposes to issue an interim prohibition order to an unregistered person under section 159C ; and reasonably believes it is necessary to take urgent action to issue the interim prohibition order to protect public health or safety.\n(sec.159E-ssec.2) Despite section 159D , the regulatory body may issue the unregistered person with an interim prohibition order without complying with the requirements of that section.\n(sec.159E-ssec.3) The interim prohibition order must be accompanied by a notice inviting the unregistered person to make a written or verbal submission to the regulatory body, within the time stated in the notice, about the interim prohibition order.\n(sec.159E-ssec.4) The time stated in the notice for the making of the submission must not be less than 7 days after the notice is given to the unregistered person.\n(sec.159E-ssec.5) The regulatory body must consider any submissions made by the unregistered person within a reasonable time.\n(sec.159E-ssec.6) After considering any submission made by the unregistered person in accordance with the notice, the regulatory body must— decide to confirm the issue of the interim prohibition order or revoke it; and give the unregistered person written notice of the body’s decision.\n(sec.159E-ssec.7) The notice of the regulatory body’s decision must include the following— the decision made by the body; the reasons for the body’s decision; if the decision is to confirm the issue of the interim prohibition order— that the unregistered person may appeal against the decision; and how an application for an appeal may be made; and the period within which the application must be made.\n- (a) proposes to issue an interim prohibition order to an unregistered person under section 159C ; and\n- (b) reasonably believes it is necessary to take urgent action to issue the interim prohibition order to protect public health or safety.\n- (a) decide to confirm the issue of the interim prohibition order or revoke it; and\n- (b) give the unregistered person written notice of the body’s decision.\n- (a) the decision made by the body;\n- (b) the reasons for the body’s decision;\n- (c) if the decision is to confirm the issue of the interim prohibition order— (i) that the unregistered person may appeal against the decision; and (ii) how an application for an appeal may be made; and (iii) the period within which the application must be made.\n- (i) that the unregistered person may appeal against the decision; and\n- (ii) how an application for an appeal may be made; and\n- (iii) the period within which the application must be made.\n- (i) that the unregistered person may appeal against the decision; and\n- (ii) how an application for an appeal may be made; and\n- (iii) the period within which the application must be made.","sortOrder":314},{"sectionNumber":"sec.159F","sectionType":"section","heading":"Duration of interim prohibition order","content":"### sec.159F Duration of interim prohibition order\n\nAn interim prohibition order starts on the later of the following days—\nthe day the order is issued to the unregistered person the subject of the order;\nthe day, if any, stated in the order.\nSubject to section 159J (3) , an interim prohibition order ends on—\nunless the order is revoked or extended by a regulatory body—\nthe day that is 60 days after the day on which the order starts; or\nthe day stated in the order, which cannot be more than 60 days after the day on which the order starts; or\nthe day the order is revoked under section 159G ; or\nif the order is extended by a regulatory body under section 159H —the day decided by the regulatory body.\nsch s 159F ins 2022 No. 22 s 94\n(sec.159F-ssec.1) An interim prohibition order starts on the later of the following days— the day the order is issued to the unregistered person the subject of the order; the day, if any, stated in the order.\n(sec.159F-ssec.2) Subject to section 159J (3) , an interim prohibition order ends on— unless the order is revoked or extended by a regulatory body— the day that is 60 days after the day on which the order starts; or the day stated in the order, which cannot be more than 60 days after the day on which the order starts; or the day the order is revoked under section 159G ; or if the order is extended by a regulatory body under section 159H —the day decided by the regulatory body.\n- (a) the day the order is issued to the unregistered person the subject of the order;\n- (b) the day, if any, stated in the order.\n- (a) unless the order is revoked or extended by a regulatory body— (i) the day that is 60 days after the day on which the order starts; or (ii) the day stated in the order, which cannot be more than 60 days after the day on which the order starts; or\n- (i) the day that is 60 days after the day on which the order starts; or\n- (ii) the day stated in the order, which cannot be more than 60 days 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 section 159H —the day decided by the regulatory body.\n- (i) the day that is 60 days after the day on which the order starts; or\n- (ii) the day stated in the order, which cannot be more than 60 days after the day on which the order starts; or","sortOrder":315},{"sectionNumber":"sec.159G","sectionType":"section","heading":"Revocation or variation of interim prohibition order","content":"### sec.159G Revocation or variation of interim prohibition order\n\nA regulatory body must, as soon as practicable, revoke an interim prohibition order issued by the regulatory body to an unregistered person if the regulatory body is satisfied the grounds on which the order was issued—\nno longer exist in relation to the person; or\ndid not exist at the time the interim prohibition order was issued to the person.\nDespite subsection (1) , a regulatory body may vary the grounds on which an interim prohibition order was issued to an unregistered person (a varied interim prohibition order ) if the regulatory body—\nis satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and\ncontinues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.\nSection 159E (3) to (7) applies to the varied interim prohibition order, with any necessary modifications, as if it were the issue of an interim prohibition order.\nDespite subsections (1) and (2) , an interim prohibition order that has been extended or substituted by a responsible tribunal may only be revoked or varied by the tribunal.\nSee sections 159L and 159M .\nsch s 159G ins 2022 No. 22 s 94\n(sec.159G-ssec.1) A regulatory body must, as soon as practicable, revoke an interim prohibition order issued by the regulatory body to an unregistered person if the regulatory body is satisfied the grounds on which the order was issued— no longer exist in relation to the person; or did not exist at the time the interim prohibition order was issued to the person.\n(sec.159G-ssec.2) Despite subsection (1) , a regulatory body may vary the grounds on which an interim prohibition order was issued to an unregistered person (a varied interim prohibition order ) if the regulatory body— is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.\n(sec.159G-ssec.3) Section 159E (3) to (7) applies to the varied interim prohibition order, with any necessary modifications, as if it were the issue of an interim prohibition order.\n(sec.159G-ssec.4) Despite subsections (1) and (2) , an interim prohibition order that has been extended or substituted by a responsible tribunal may only be revoked or varied by the tribunal. See sections 159L and 159M .\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 to the person.\n- (a) is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and\n- (b) continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.","sortOrder":316},{"sectionNumber":"sec.159H","sectionType":"section","heading":"Extension of interim prohibition order by regulatory body","content":"### sec.159H Extension of interim prohibition order by regulatory body\n\nA regulatory body may extend an interim prohibition order, by a period of not more than 60 days, if the body reasonably believes it is necessary in the circumstances.\nSections 159C to 159E apply to the proposed extension of an interim prohibition order, with any necessary modifications, as if it were the proposed issue of an interim prohibition order.\nA regulatory body may extend an interim prohibition order under this section only once.\nsch s 159H ins 2022 No. 22 s 94\n(sec.159H-ssec.1) A regulatory body may extend an interim prohibition order, by a period of not more than 60 days, if the body reasonably believes it is necessary in the circumstances.\n(sec.159H-ssec.2) Sections 159C to 159E apply to the proposed extension of an interim prohibition order, with any necessary modifications, as if it were the proposed issue of an interim prohibition order.\n(sec.159H-ssec.3) A regulatory body may extend an interim prohibition order under this section only once.","sortOrder":317},{"sectionNumber":"sec.159I","sectionType":"section","heading":"Regulatory body may give information to notifier about interim prohibition order","content":"### sec.159I Regulatory body may give information to notifier about interim prohibition order\n\nThis section applies if either of the following results in the issue of an interim prohibition order to an unregistered person—\na notification about an unregistered person who was, but is no longer, a registered health practitioner;\na complaint about an unregistered person.\nAfter issuing or extending the interim prohibition order, the regulatory body may inform the following persons of the decision to issue or extend the order and the reasons for the decision—\nthe notifier who made the notification;\nthe person who made the complaint.\nsch s 159I ins 2022 No. 22 s 94\n(sec.159I-ssec.1) This section applies if either of the following results in the issue of an interim prohibition order to an unregistered person— a notification about an unregistered person who was, but is no longer, a registered health practitioner; a complaint about an unregistered person.\n(sec.159I-ssec.2) After issuing or extending the interim prohibition order, the regulatory body may inform the following persons of the decision to issue or extend the order and the reasons for the decision— the notifier who made the notification; the person who made the complaint.\n- (a) a notification about an unregistered person who was, but is no longer, a registered health practitioner;\n- (b) a complaint about an unregistered person.\n- (a) the notifier who made the notification;\n- (b) the person who made the complaint.","sortOrder":318},{"sectionNumber":"sec.159J","sectionType":"section","heading":"Application for extension of interim prohibition order by regulatory body","content":"### sec.159J Application for extension of interim prohibition order by regulatory body\n\nThis section applies if a regulatory body reasonably believes either of the following grounds still exist and will continue to exist beyond the day on which the interim prohibition order will expire—\nthe grounds on which the order was issued;\nthe grounds on which the order was varied.\nThe regulatory body may, before the interim prohibition order expires, apply to a responsible tribunal to extend the order.\nIf the regulatory body applies to a responsible tribunal for an extension of the interim prohibition order, the order continues until—\nif the tribunal confirms the order—the day the order would have ended under section 159F ; or\nif the tribunal extends the order—the day the tribunal decides the order will end; or\nif the tribunal substitutes another interim prohibition order for the order issued by the regulatory body—the day the substituted order starts; or\nif the order is set aside—the day the order is set aside.\nsch s 159J ins 2022 No. 22 s 94\n(sec.159J-ssec.1) This section applies if a regulatory body reasonably believes either of the following grounds still exist and will continue to exist beyond the day on which the interim prohibition order will expire— the grounds on which the order was issued; the grounds on which the order was varied.\n(sec.159J-ssec.2) The regulatory body may, before the interim prohibition order expires, apply to a responsible tribunal to extend the order.\n(sec.159J-ssec.3) If the regulatory body applies to a responsible tribunal for an extension of the interim prohibition order, the order continues until— if the tribunal confirms the order—the day the order would have ended under section 159F ; or if the tribunal extends the order—the day the tribunal decides the order will end; or if the tribunal substitutes another interim prohibition order for the order issued by the regulatory body—the day the substituted order starts; or if the order is set aside—the day the order is set aside.\n- (a) the grounds on which the order was issued;\n- (b) the grounds on which the order was varied.\n- (a) if the tribunal confirms the order—the day the order would have ended under section 159F ; or\n- (b) if the tribunal extends the order—the day the tribunal decides the order will end; or\n- (c) if the tribunal substitutes another interim prohibition order for the order issued by the regulatory body—the day the substituted order starts; or\n- (d) if the order is set aside—the day the order is set aside.","sortOrder":319},{"sectionNumber":"sec.159K","sectionType":"section","heading":"Decision about extension of interim prohibition order","content":"### sec.159K Decision about extension of interim prohibition order\n\nAfter hearing an application under section 159J about an interim prohibition order, the responsible tribunal may decide—\nan interim prohibition order is necessary; or\nan interim prohibition order is not necessary.\nWithout limiting subsection (1) , in deciding whether an interim prohibition order is necessary, the responsible tribunal must have regard to—\nthe nature and extent of the risk the unregistered person, because of the person’s health, conduct or performance, poses to—\npersons; or\npublic health or safety; and\nwhether the regulatory body has acted, and is continuing to act, as quickly as practicable in the circumstances to deal with the matter that forms the grounds for issuing the interim prohibition order.\nIf the responsible tribunal decides an interim prohibition order is necessary, it may—\nconfirm the interim prohibition order issued by the regulatory body; or\nextend the interim prohibition order issued by the regulatory body, with or without amendment, for the period the tribunal considers appropriate in the circumstances; or\nsubstitute another interim prohibition order for the order issued by the regulatory body.\nIf the responsible tribunal substitutes another interim prohibition order for the order issued by the regulatory body, the substituted order continues for the period the tribunal considers appropriate in the circumstances.\nIf the responsible tribunal decides an interim prohibition order is not necessary, the interim prohibition order is set aside.\nsch s 159K ins 2022 No. 22 s 94\n(sec.159K-ssec.1) After hearing an application under section 159J about an interim prohibition order, the responsible tribunal may decide— an interim prohibition order is necessary; or an interim prohibition order is not necessary.\n(sec.159K-ssec.2) Without limiting subsection (1) , in deciding whether an interim prohibition order is necessary, the responsible tribunal must have regard to— the nature and extent of the risk the unregistered person, because of the person’s health, conduct or performance, poses to— persons; or public health or safety; and whether the regulatory body has acted, and is continuing to act, as quickly as practicable in the circumstances to deal with the matter that forms the grounds for issuing the interim prohibition order.\n(sec.159K-ssec.3) If the responsible tribunal decides an interim prohibition order is necessary, it may— confirm the interim prohibition order issued by the regulatory body; or extend the interim prohibition order issued by the regulatory body, with or without amendment, for the period the tribunal considers appropriate in the circumstances; or substitute another interim prohibition order for the order issued by the regulatory body.\n(sec.159K-ssec.4) If the responsible tribunal substitutes another interim prohibition order for the order issued by the regulatory body, the substituted order continues for the period the tribunal considers appropriate in the circumstances.\n(sec.159K-ssec.5) If the responsible tribunal decides an interim prohibition order is not necessary, the interim prohibition order is set aside.\n- (a) an interim prohibition order is necessary; or\n- (b) an interim prohibition order is not necessary.\n- (a) the nature and extent of the risk the unregistered person, because of the person’s health, conduct or performance, poses to— (i) persons; or (ii) public health or safety; and\n- (i) persons; or\n- (ii) public health or safety; and\n- (b) whether the regulatory body has acted, and is continuing to act, as quickly as practicable in the circumstances to deal with the matter that forms the grounds for issuing the interim prohibition order.\n- (i) persons; or\n- (ii) public health or safety; and\n- (a) confirm the interim prohibition order issued by the regulatory body; or\n- (b) extend the interim prohibition order issued by the regulatory body, with or without amendment, for the period the tribunal considers appropriate in the circumstances; or\n- (c) substitute another interim prohibition order for the order issued by the regulatory body.","sortOrder":320},{"sectionNumber":"sec.159L","sectionType":"section","heading":"Revocation of extended or substituted interim prohibition order by responsible tribunal","content":"### sec.159L Revocation of extended or substituted interim prohibition order by responsible tribunal\n\nThis section applies if—\na responsible tribunal has extended or substituted an interim prohibition order under section 159K (3) (an extended or substituted interim prohibition order ); and\na regulatory body is satisfied the grounds on which the interim prohibition order was issued—\nno longer exist in relation to the person; or\ndid not exist at the time the interim prohibition order was issued.\nA regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to revoke the order.\nIf the regulatory body applies to the responsible tribunal for the revocation of the extended or substituted interim prohibition order, the order continues until—\nif the responsible tribunal decides the order is necessary—the day on which the order ends; or\nthe day the order is revoked under subsection (5) .\nAfter hearing a matter about an extended or substituted interim prohibition order, the responsible tribunal may decide—\nan interim prohibition order is necessary; or\nan interim prohibition order is not necessary.\nIf the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked.\nsch s 159L ins 2022 No. 22 s 94\n(sec.159L-ssec.1) This section applies if— a responsible tribunal has extended or substituted an interim prohibition order under section 159K (3) (an extended or substituted interim prohibition order ); and a regulatory body is satisfied the grounds on which the interim prohibition order was issued— no longer exist in relation to the person; or did not exist at the time the interim prohibition order was issued.\n(sec.159L-ssec.2) A regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to revoke the order.\n(sec.159L-ssec.3) If the regulatory body applies to the responsible tribunal for the revocation of the extended or substituted interim prohibition order, the order continues until— if the responsible tribunal decides the order is necessary—the day on which the order ends; or the day the order is revoked under subsection (5) .\n(sec.159L-ssec.4) After hearing a matter about an extended or substituted interim prohibition order, the responsible tribunal may decide— an interim prohibition order is necessary; or an interim prohibition order is not necessary.\n(sec.159L-ssec.5) If the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked.\n- (a) a responsible tribunal has extended or substituted an interim prohibition order under section 159K (3) (an extended or substituted interim prohibition order ); and\n- (b) a regulatory body is satisfied the grounds on which the interim prohibition order was issued— (i) no longer exist in relation to the person; or (ii) did not exist at the time the interim prohibition 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 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 issued.\n- (a) if the responsible tribunal decides the order is necessary—the day on which the order ends; or\n- (b) the day the order is revoked under subsection (5) .\n- (a) an interim prohibition order is necessary; or\n- (b) an interim prohibition order is not necessary.","sortOrder":321},{"sectionNumber":"sec.159M","sectionType":"section","heading":"Variation of interim prohibition order by responsible tribunal","content":"### sec.159M Variation of interim prohibition order by responsible tribunal\n\nThis section applies if—\na responsible tribunal has extended or substituted an interim prohibition order under section 159K (3) (an extended or substituted interim prohibition order ); and\na regulatory body—\nis satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and\ncontinues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.\nA regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to vary the order.\nAfter hearing an application under subsection (2) , the responsible tribunal may decide—\nnot to vary the extended or substituted interim prohibition order if the tribunal is not satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; or\nto vary the extended or substituted interim prohibition order if the tribunal is satisfied—\na different or additional ground specified in section 159C (1) (a) exists in relation to the person; and\nthe ground specified in section 159C (1) (b) continues to exist in relation to the person; or\nan interim prohibition order is not necessary.\nIf the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked.\nsch s 159M ins 2022 No. 22 s 94\n(sec.159M-ssec.1) This section applies if— a responsible tribunal has extended or substituted an interim prohibition order under section 159K (3) (an extended or substituted interim prohibition order ); and a regulatory body— is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.\n(sec.159M-ssec.2) A regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to vary the order.\n(sec.159M-ssec.3) After hearing an application under subsection (2) , the responsible tribunal may decide— not to vary the extended or substituted interim prohibition order if the tribunal is not satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; or to vary the extended or substituted interim prohibition order if the tribunal is satisfied— a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and the ground specified in section 159C (1) (b) continues to exist in relation to the person; or an interim prohibition order is not necessary.\n(sec.159M-ssec.4) If the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked.\n- (a) a responsible tribunal has extended or substituted an interim prohibition order under section 159K (3) (an extended or substituted interim prohibition order ); and\n- (b) a regulatory body— (i) is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and (ii) continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.\n- (i) is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and\n- (ii) continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.\n- (i) is satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and\n- (ii) continues to reasonably believe the ground specified in section 159C (1) (b) exists in relation to the person.\n- (a) not to vary the extended or substituted interim prohibition order if the tribunal is not satisfied a different or additional ground specified in section 159C (1) (a) exists in relation to the person; or\n- (b) to vary the extended or substituted interim prohibition order if the tribunal is satisfied— (i) a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and (ii) the ground specified in section 159C (1) (b) continues to exist in relation to the person; or\n- (i) a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and\n- (ii) the ground specified in section 159C (1) (b) continues to exist in relation to the person; or\n- (c) an interim prohibition order is not necessary.\n- (i) a different or additional ground specified in section 159C (1) (a) exists in relation to the person; and\n- (ii) the ground specified in section 159C (1) (b) continues to exist in relation to the person; or","sortOrder":322},{"sectionNumber":"sec.159N","sectionType":"section","heading":"Publication of information about interim prohibition orders","content":"### sec.159N Publication of information about interim prohibition orders\n\nThe National Agency must publish the following information about a person subject to an interim prohibition order on its website—\nthe person’s name;\nthe day the order starts;\nthe action prohibited or restrictions imposed by the order.\nIf the name of the person subject to an interim prohibition order is included in a National Register or Specialists Register, the requirement in subsection (1) is satisfied if the information specified in that subsection is included in the register.\nThe requirement to publish the information does not apply if—\nthe regulatory body that issued the order—\nissued the order without complying with the requirements of section 159D ; and\nreasonably believes there is no overriding public interest in the publication of the information; or\nthe person subject to the order asks the regulatory body that issued the order not to publish the information and the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of—\nthe person; or\na member of the person’s family or an associate of the person.\nIf a regulatory body decides to confirm the issue of the interim prohibition order after considering any submission made by the unregistered person under section 159E (5) , the regulatory body must publish the information specified in subsection (1) .\nDespite subsection (4) , a regulatory body may decide not to publish the information specified in subsection (1) if—\nthe person subject to the order asks the regulatory body not to publish the information; and\nthe regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of—\nthe person; or\na member of the person’s family or an associate of the person.\nIf an interim prohibition order is revoked or set aside—\na regulatory body must remove the information specified in subsection (1) from its website; and\nfor information included in a National Register or Specialists Register—the National Board must remove the information specified in subsection (1) from the register.\nIn this section—\nassociate , of a person, includes a friend, neighbour or colleague of the person.\nfamily , of a person, includes—\nother persons related to the person by blood, marriage or adoption, for example, the person’s spouse, children and parents; and\nother persons in a de facto relationship with the person; and\nother persons connected to the person through Aboriginal and Torres Strait Islander kinship ties.\nsch s 159N ins 2022 No. 22 s 94\n(sec.159N-ssec.1) The National Agency must publish the following information about a person subject to an interim prohibition order on its website— the person’s name; the day the order starts; the action prohibited or restrictions imposed by the order.\n(sec.159N-ssec.2) If the name of the person subject to an interim prohibition order is included in a National Register or Specialists Register, the requirement in subsection (1) is satisfied if the information specified in that subsection is included in the register.\n(sec.159N-ssec.3) The requirement to publish the information does not apply if— the regulatory body that issued the order— issued the order without complying with the requirements of section 159D ; and reasonably believes there is no overriding public interest in the publication of the information; or the person subject to the order asks the regulatory body that issued the order not to publish the information and the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of— the person; or a member of the person’s family or an associate of the person.\n(sec.159N-ssec.4) If a regulatory body decides to confirm the issue of the interim prohibition order after considering any submission made by the unregistered person under section 159E (5) , the regulatory body must publish the information specified in subsection (1) .\n(sec.159N-ssec.5) Despite subsection (4) , a regulatory body may decide not to publish the information specified in subsection (1) if— the person subject to the order asks the regulatory body not to publish the information; and the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of— the person; or a member of the person’s family or an associate of the person.\n(sec.159N-ssec.6) If an interim prohibition order is revoked or set aside— a regulatory body must remove the information specified in subsection (1) from its website; and for information included in a National Register or Specialists Register—the National Board must remove the information specified in subsection (1) from the register.\n(sec.159N-ssec.7) In this section— associate , of a person, includes a friend, neighbour or colleague of the person. family , of a person, includes— other persons related to the person by blood, marriage or adoption, for example, the person’s spouse, children and parents; and other persons in a de facto relationship with the person; and other persons connected to the person through Aboriginal and Torres Strait Islander kinship ties.\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- (a) the regulatory body that issued the order— (i) issued the order without complying with the requirements of section 159D ; and (ii) reasonably believes there is no overriding public interest in the publication of the information; or\n- (i) issued the order without complying with the requirements of section 159D ; and\n- (ii) reasonably believes there is no overriding public interest in the publication of the information; or\n- (b) the person subject to the order asks the regulatory body that issued the order not to publish the information and the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of— (i) the person; or (ii) a member of the person’s family or an associate of the person.\n- (i) the person; or\n- (ii) a member of the person’s family or an associate of the person.\n- (i) issued the order without complying with the requirements of section 159D ; and\n- (ii) reasonably believes there is no overriding public interest in the publication of the information; or\n- (i) the person; or\n- (ii) a member of the person’s family or an associate of the person.\n- (a) the person subject to the order asks the regulatory body not to publish the information; and\n- (b) the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of— (i) the person; or (ii) a member of the person’s family or an associate of the person.\n- (i) the person; or\n- (ii) a member of the person’s family or an associate of the person.\n- (i) the person; or\n- (ii) a member of the person’s family or an associate of the person.\n- (a) a regulatory body must remove the information specified in subsection (1) from its website; and\n- (b) for information included in a National Register or Specialists Register—the National Board must remove the information specified in subsection (1) from the register.\n- (a) other persons related to the person by blood, marriage or adoption, for example, the person’s spouse, children and parents; 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 Torres Strait Islander kinship ties.","sortOrder":323},{"sectionNumber":"sec.159O","sectionType":"section","heading":"Offences relating to interim prohibition orders","content":"### sec.159O Offences relating to interim prohibition orders\n\nA person must not contravene an interim prohibition order.\nMaximum penalty—$60,000 or 3 years imprisonment or both.\nA person who is subject to an interim prohibition order (the prohibited person ) must, before providing a health service, give written notice of the order to the following persons—\nthe person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person;\nif the health service is to be provided by the prohibited person as an employee—the person’s employer;\nif the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity;\nif the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity.\nMaximum penalty—$5,000.\nA person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to an interim prohibition order.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nsch s 159O ins 2022 No. 22 s 94\n(sec.159O-ssec.1) A person must not contravene an interim prohibition order. Maximum penalty—$60,000 or 3 years imprisonment or both.\n(sec.159O-ssec.2) A person who is subject to an interim prohibition order (the prohibited person ) must, before providing a health service, give written notice of the order to the following persons— the person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person; if the health service is to be provided by the prohibited person as an employee—the person’s employer; if the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity; if the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity. Maximum penalty—$5,000.\n(sec.159O-ssec.3) A person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to an interim prohibition order. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n- (a) the person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person;\n- (b) if the health service is to be provided by the prohibited person as an employee—the person’s employer;\n- (c) if the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity;\n- (d) if the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.","sortOrder":324},{"sectionNumber":"sch-inc-pt.8-div.7B","sectionType":"division","heading":"Public statements","content":"## Public statements","sortOrder":325},{"sectionNumber":"sec.159P","sectionType":"section","heading":"Definition","content":"### sec.159P Definition\n\nIn this Division—\nrelevant provision means any of the following provisions—\nsection 113 ;\nsections 115 to 119 ;\nsections 121 to 123 ;\nsection 133 ;\nsection 136 .\nsch s 159P ins 2022 No. 22 s 100\n- (a) section 113 ;\n- (b) sections 115 to 119 ;\n- (c) sections 121 to 123 ;\n- (d) section 133 ;\n- (e) section 136 .","sortOrder":326},{"sectionNumber":"sec.159Q","sectionType":"section","heading":"Making of public statement","content":"### sec.159Q Making of public statement\n\nA regulatory body may make a public statement about a person if—\nthe person—\nhas, in the regulatory body’s reasonable belief, contravened a relevant provision; or\nis the subject of an assessment, investigation or other proceedings under this Part; and\nthe regulatory body reasonably believes that—\nbecause of the person’s conduct, performance or health, the person poses a serious risk to persons; and\nit is necessary to issue a public statement to protect public health or safety.\nA public statement made by a regulatory body may be made in a way the body considers appropriate.\nThe regulatory body may identify and give warnings or information about either or both of the following if the body considers it appropriate in the circumstances—\na person;\nhealth services provided by a person.\nNo liability is incurred by the regulatory body for the making of, or for anything done for the purpose of making, a public statement under this section in good faith.\nsch s 159Q ins 2022 No. 22 s 100\n(sec.159Q-ssec.1) A regulatory body may make a public statement about a person if— the person— has, in the regulatory body’s reasonable belief, contravened a relevant provision; or is the subject of an assessment, investigation or other proceedings under this Part; and the regulatory body reasonably believes that— because of the person’s conduct, performance or health, the person poses a serious risk to persons; and it is necessary to issue a public statement to protect public health or safety.\n(sec.159Q-ssec.2) A public statement made by a regulatory body may be made in a way the body considers appropriate.\n(sec.159Q-ssec.3) The regulatory body may identify and give warnings or information about either or both of the following if the body considers it appropriate in the circumstances— a person; health services provided by a person.\n(sec.159Q-ssec.4) No liability is incurred by the regulatory body for the making of, or for anything done for the purpose of making, a public statement under this section in good faith.\n- (a) the person— (i) has, in the regulatory body’s reasonable belief, contravened a relevant provision; or (ii) is the subject of an assessment, investigation or other proceedings under this Part; and\n- (i) has, in the regulatory body’s reasonable belief, contravened a relevant provision; or\n- (ii) is the subject of an assessment, investigation or other proceedings under this Part; and\n- (b) the regulatory body reasonably believes that— (i) because of the person’s conduct, performance or health, the person poses a serious risk to persons; and (ii) it is necessary to issue a public statement to protect public health or safety.\n- (i) because of the person’s conduct, performance or health, the person poses a serious risk to persons; and\n- (ii) it is necessary to issue a public statement to protect public health or safety.\n- (i) has, in the regulatory body’s reasonable belief, contravened a relevant provision; or\n- (ii) is the subject of an assessment, investigation or other proceedings under this Part; and\n- (i) because of the person’s conduct, performance or health, the person poses a serious risk to persons; and\n- (ii) it is necessary to issue a public statement to protect public health or safety.\n- (a) a person;\n- (b) health services provided by a person.","sortOrder":327},{"sectionNumber":"sec.159R","sectionType":"section","heading":"Show cause process for public statement","content":"### sec.159R Show cause process for public statement\n\nIf a regulatory body proposes to make a public statement about a person, the body must give the person a written notice that includes the following information—\nthat the body proposes to make a public statement about the person;\nthe way in which it is proposed to make the public statement;\nthe content of the proposed public statement;\nthat the person may make written or verbal submissions to the regulatory body, within the reasonable time stated in the notice, about the proposed public statement.\nAfter considering any submission made by the person in accordance with the notice, the regulatory body must decide—\nnot to make the public statement; or\nto make the public statement as proposed; or\nto make the public statement in a different way or with different content.\nThe regulatory body must give written notice of the body’s decision, that includes the following information, to the person—\nthe decision made by the body;\nthe reasons for the body’s decision;\nif the decision is to make the public statement—\nthat the person may appeal against the decision; and\nhow an application for an appeal may be made; and\nthe period within which the application must be made.\nThe regulatory body must give the notice to the person—\nas soon as practicable after the decision is made; and\nif the decision is to make the public statement—at least one business day before the statement is to be made.\nsch s 159R ins 2022 No. 22 s 100\n(sec.159R-ssec.1) If a regulatory body proposes to make a public statement about a person, the body must give the person a written notice that includes the following information— that the body proposes to make a public statement about the person; the way in which it is proposed to make the public statement; the content of the proposed public statement; that the person may make written or verbal submissions to the regulatory body, within the reasonable time stated in the notice, about the proposed public statement.\n(sec.159R-ssec.2) After considering any submission made by the person in accordance with the notice, the regulatory body must decide— not to make the public statement; or to make the public statement as proposed; or to make the public statement in a different way or with different content.\n(sec.159R-ssec.3) The regulatory body must give written notice of the body’s decision, that includes the following information, to the person— the decision made by the body; the reasons for the body’s decision; if the decision is to make the public statement— that the person may appeal against the decision; and how an application for an appeal may be made; and the period within which the application must be made.\n(sec.159R-ssec.4) The regulatory body must give the notice to the person— as soon as practicable after the decision is made; and if the decision is to make the public statement—at least one business day before the statement is to be made.\n- (a) that the body proposes to make a public statement about the person;\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 regulatory body, within the reasonable time stated in the notice, about the proposed public statement.\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 content.\n- (a) the decision made by the body;\n- (b) the reasons for the body’s decision;\n- (c) if the decision is to make the public statement— (i) that the person may appeal against the decision; and (ii) how an application for an appeal may be made; and (iii) the period within which the application must be made.\n- (i) that the person may appeal against the decision; and\n- (ii) how an application for an appeal may be made; and\n- (iii) the period within which the application must be made.\n- (i) that the person may appeal against the decision; and\n- (ii) how an application for an appeal may be made; and\n- (iii) the period within which the application must be made.\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 business day before the statement is to be made.","sortOrder":328},{"sectionNumber":"sec.159S","sectionType":"section","heading":"Revision of public statement by regulatory body","content":"### sec.159S Revision of public statement by regulatory body\n\nA regulatory body that made a public statement about a person may revise the statement if the regulatory body reasonably believes it is necessary in the circumstances.\nIf the proposed revision changes the public statement in a material way, sections 159Q (2) and (3) and 159R apply to the proposed revision, with any necessary modifications, as if it were the proposed making of a public statement.\nsch s 159S ins 2022 No. 22 s 100\n(sec.159S-ssec.1) A regulatory body that made a public statement about a person may revise the statement if the regulatory body reasonably believes it is necessary in the circumstances.\n(sec.159S-ssec.2) If the proposed revision changes the public statement in a material way, sections 159Q (2) and (3) and 159R apply to the proposed revision, with any necessary modifications, as if it were the proposed making of a public statement.","sortOrder":329},{"sectionNumber":"sec.159T","sectionType":"section","heading":"Revocation of public statement","content":"### sec.159T Revocation of public statement\n\nA regulatory body that made a public statement about a person must revoke the public statement if the body is satisfied the grounds on which the statement was made—\nno longer exist in relation to the person; or\ndid not exist at the time the statement was made.\nAs soon as practicable after deciding to revoke the public statement, the regulatory body must—\ngive the person a written notice stating—\nthe regulatory body has decided to revoke the public statement; and\nthe date on which the public statement will be revoked; and\nmake a public statement revoking the original public statement in the same way, or a similar way, to the way in which the original public statement was made.\nsch s 159T ins 2022 No. 22 s 100\n(sec.159T-ssec.1) A regulatory body that made a public statement about a person must revoke the public statement if the body is satisfied the grounds on which the statement was made— no longer exist in relation to the person; or did not exist at the time the statement was made.\n(sec.159T-ssec.2) As soon as practicable after deciding to revoke the public statement, the regulatory body must— give the person a written notice stating— the regulatory body has decided to revoke the public statement; and the date on which the public statement will be revoked; and make a public statement revoking the original public statement in the same way, or a similar way, to the way in which the original public 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- (a) give the person a written notice stating— (i) the regulatory body has decided to revoke the public statement; and (ii) the date on which the public statement will be revoked; and\n- (i) the regulatory body has decided to revoke the public statement; 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 in the same way, or a similar way, to the way in which the original public statement was made.\n- (i) the regulatory body has decided to revoke the public statement; and\n- (ii) the date on which the public statement will be revoked; and","sortOrder":330},{"sectionNumber":"sch-inc-pt.8-div.8","sectionType":"division","heading":"Investigations","content":"## Investigations","sortOrder":331},{"sectionNumber":"sec.160","sectionType":"section","heading":"When investigation may be conducted","content":"### sec.160 When investigation may be conducted\n\nA National Board may investigate a registered health practitioner or student registered in a health profession for which the Board is established if it decides it is necessary or appropriate—\nbecause the Board has received a notification about the practitioner or student; or\nbecause the Board for any other reason believes—\nthe practitioner or student has or may have an impairment; or\nfor a practitioner—\nthe way the practitioner practises the profession is or may be unsatisfactory; or\nthe practitioner’s conduct is or may be unsatisfactory; or\nto ensure the practitioner or student—\nis complying with conditions imposed on the practitioner’s or student’s registration; or\nan undertaking given by the practitioner or student to the Board.\nIf a National Board decides to investigate a registered health practitioner or student it must direct an appropriate investigator to conduct the investigation.\nsch s 160 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.160-ssec.1) A National Board may investigate a registered health practitioner or student registered in a health profession for which the Board is established if it decides it is necessary or appropriate— because the Board has received a notification about the practitioner or student; or because the Board for any other reason believes— the practitioner or student has or may have an impairment; or for a practitioner— the way the practitioner practises the profession is or may be unsatisfactory; or the practitioner’s conduct is or may be unsatisfactory; or to ensure the practitioner or student— is complying with conditions imposed on the practitioner’s or student’s registration; or an undertaking given by the practitioner or student to the Board.\n(sec.160-ssec.2) If a National Board decides to investigate a registered health practitioner or student it must direct an appropriate investigator to conduct the investigation.\n- (a) because the Board has received a notification about the practitioner or student; or\n- (b) because the Board for any other reason believes— (i) the practitioner or student has or may have an impairment; or (ii) for a practitioner— (A) the way the practitioner practises the profession is or may be unsatisfactory; or (B) the practitioner’s conduct is or may be unsatisfactory; or\n- (i) the practitioner or student has or may have an impairment; or\n- (ii) for a practitioner— (A) the way the practitioner practises the profession is or may be unsatisfactory; or (B) the practitioner’s conduct is or may be unsatisfactory; or\n- (A) the way the practitioner practises the profession is or may be unsatisfactory; or\n- (B) the practitioner’s conduct is or may be unsatisfactory; or\n- (c) to ensure the practitioner or student— (i) is complying with conditions imposed on the practitioner’s or student’s registration; or (ii) an undertaking given by the practitioner or student to the Board.\n- (i) is complying with conditions imposed on the practitioner’s or student’s registration; or\n- (ii) an undertaking given by the practitioner or student to the Board.\n- (i) the practitioner or student has or may have an impairment; or\n- (ii) for a practitioner— (A) the way the practitioner practises the profession is or may be unsatisfactory; or (B) the practitioner’s conduct is or may be unsatisfactory; or\n- (A) the way the practitioner practises the profession is or may be unsatisfactory; or\n- (B) the practitioner’s conduct is or may be unsatisfactory; or\n- (A) the way the practitioner practises the profession is or may be unsatisfactory; or\n- (B) the practitioner’s conduct is or may be unsatisfactory; or\n- (i) is complying with conditions imposed on the practitioner’s or student’s registration; or\n- (ii) an undertaking given by the practitioner or student to the Board.","sortOrder":332},{"sectionNumber":"sec.161","sectionType":"section","heading":"Registered health practitioner or student to be given notice of investigation","content":"### sec.161 Registered health practitioner or student to be given notice of investigation\n\nA National Board that decides to investigate a registered health practitioner or student must, as soon as practicable after making the decision, give the practitioner or student written notice about the investigation.\nThe notice must advise the registered health practitioner or student of the nature of the matter being investigated.\nAlso, the National Board must, at not less than 3 monthly intervals, give the written notice of the progress of the investigation to—\nthe registered health practitioner or student; and\nif the investigation relates to a notification made about the registered health practitioner or student, the notifier.\nHowever, the National Board need not give the registered health practitioner or student a notice under subsection (1) or (3) if the Board reasonably believes giving the notice may—\nseriously prejudice the investigation; or\nplace at risk a person’s health or safety; or\nplace a person at risk of harassment or intimidation.\nsch s 161 amd 2022 No. 22 s 123\n(sec.161-ssec.1) A National Board that decides to investigate a registered health practitioner or student must, as soon as practicable after making the decision, give the practitioner or student written notice about the investigation.\n(sec.161-ssec.2) The notice must advise the registered health practitioner or student of the nature of the matter being investigated.\n(sec.161-ssec.3) Also, the National Board must, at not less than 3 monthly intervals, give the written notice of the progress of the investigation to— the registered health practitioner or student; and if the investigation relates to a notification made about the registered health practitioner or student, the notifier.\n(sec.161-ssec.4) However, the National Board need not give the registered health practitioner or student a notice under subsection (1) or (3) if the Board reasonably believes giving the notice may— seriously prejudice the investigation; or place at risk a person’s health or safety; or place a person at risk of harassment or intimidation.\n- (a) the registered health practitioner or student; and\n- (b) if the investigation relates to a notification made about the registered health practitioner or student, the notifier.\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.","sortOrder":333},{"sectionNumber":"sec.162","sectionType":"section","heading":"Investigation to be conducted in timely way","content":"### sec.162 Investigation to be conducted in timely way\n\nThe National Board must ensure an investigator it directs to conduct an investigation conducts the investigation as quickly as practicable, having regard to the nature of the matter to be investigated.","sortOrder":334},{"sectionNumber":"sec.163","sectionType":"section","heading":"Appointment of investigators","content":"### sec.163 Appointment of investigators\n\nA National Board may appoint the following persons as investigators—\nmembers of the National Agency’s staff;\ncontractors engaged by the National Agency.\nAn investigator holds office on the conditions stated in the instrument of appointment.\nIf an investigator’s appointment provides for a term of appointment, the investigator ceases holding office at the end of the term.\nAn investigator may resign by signed notice of resignation given to the National Board which appointed the investigator.\nSchedule 5 sets out provisions relating to the powers of an investigator.\n(sec.163-ssec.1) A National Board may appoint the following persons as investigators— members of the National Agency’s staff; contractors engaged by the National Agency.\n(sec.163-ssec.2) An investigator holds office on the conditions stated in the instrument of appointment.\n(sec.163-ssec.3) If an investigator’s appointment provides for a term of appointment, the investigator ceases holding office at the end of the term.\n(sec.163-ssec.4) An investigator may resign by signed notice of resignation given to the National Board which appointed the investigator.\n(sec.163-ssec.5) Schedule 5 sets out provisions relating to the powers of an investigator.\n- (a) members of the National Agency’s staff;\n- (b) contractors engaged by the National Agency.","sortOrder":335},{"sectionNumber":"sec.164","sectionType":"section","heading":"Identity card","content":"### sec.164 Identity card\n\nA National Board must give an identity card to each investigator it appoints.\nThe identity card must—\ncontain a recent photograph of the investigator; and\nbe signed by the investigator; and\nidentify the person as an investigator appointed by the National Board; and\ninclude an expiry date.\nThis section does not prevent the issue of a single identity card to a person—\nif the person is appointed as an investigator for this Law by more than one National Board; or\nfor this Law and other Acts.\nA person who ceases to be an investigator must give the person’s identity card to the National Board that appointed the person within 7 days after the person ceases to be an investigator, unless the person has a reasonable excuse.\n(sec.164-ssec.1) A National Board must give an identity card to each investigator it appoints.\n(sec.164-ssec.2) The identity card must— contain a recent photograph of the investigator; and be signed by the investigator; and identify the person as an investigator appointed by the National Board; and include an expiry date.\n(sec.164-ssec.3) This section does not prevent the issue of a single identity card to a person— if the person is appointed as an investigator for this Law by more than one National Board; or for this Law and other Acts.\n(sec.164-ssec.4) A person who ceases to be an investigator must give the person’s identity card to the National Board that appointed the person within 7 days after the person ceases to be an investigator, unless the person has a reasonable excuse.\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 Board; and\n- (d) include an expiry date.\n- (a) if the person is appointed as an investigator for this Law by more than one National Board; or\n- (b) for this Law and other Acts.","sortOrder":336},{"sectionNumber":"sec.165","sectionType":"section","heading":"Display of identity card","content":"### sec.165 Display of identity card\n\nAn investigator may exercise a power in relation to someone else (the other person ) only if the investigator—\nfirst produces the investigator’s identity card for the other person’s inspection; or\nhas the identity card displayed so it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the investigator must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.165-ssec.1) An investigator may exercise a power in relation to someone else (the other person ) only if the investigator— first produces the investigator’s identity card for the other person’s inspection; or has the identity card displayed so it is clearly visible to the other person.\n(sec.165-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the investigator must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) first produces the investigator’s identity card for the other person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the other person.","sortOrder":337},{"sectionNumber":"sec.166","sectionType":"section","heading":"Investigator’s report about investigation","content":"### sec.166 Investigator’s report about investigation\n\nAs soon as practicable after completing an investigation under this Division, an investigator must give a written report about the investigation to the National Board that directed the investigator to carry out the investigation.\nThe report must include—\nthe investigator’s findings about the investigation; and\nthe investigator’s recommendations about any action to be taken in relation to the health practitioner or student the subject of the investigation.\n(sec.166-ssec.1) As soon as practicable after completing an investigation under this Division, an investigator must give a written report about the investigation to the National Board that directed the investigator to carry out the investigation.\n(sec.166-ssec.2) The report must include— the investigator’s findings about the investigation; and the investigator’s recommendations about any action to be taken in relation to the health practitioner or student the subject of the investigation.\n- (a) the investigator’s findings about the investigation; and\n- (b) the investigator’s recommendations about any action to be taken in relation to the health practitioner or student the subject of the investigation.","sortOrder":338},{"sectionNumber":"sec.167","sectionType":"section","heading":"Decision by National Board","content":"### sec.167 Decision by National Board\n\nAfter considering the investigator’s report, the National Board must decide—\nto take no further action in relation to the matter; or\nto do either or both of the following—\ntake the action the Board considers necessary or appropriate under another Division;\nrefer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\n- (a) to take no further action in relation to the matter; or\n- (b) to do either or both of the following— (i) take the action the Board considers necessary or appropriate under another Division; (ii) refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\n- (i) take the action the Board considers necessary or appropriate under another Division;\n- (ii) refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\n- (i) take the action the Board considers necessary or appropriate under another Division;\n- (ii) refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.","sortOrder":339},{"sectionNumber":"sec.167A","sectionType":"section","heading":"Board may give information to notifier about result of investigation","content":"### sec.167A Board may give information to notifier about result of investigation\n\nThis section applies if a notification about a registered health practitioner or student results in a decision by a National Board under section 167 in relation to the practitioner or student.\nAfter making the decision, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.\nsch s 167A ins 2017 No. 32 s 26\n(sec.167A-ssec.1) This section applies if a notification about a registered health practitioner or student results in a decision by a National Board under section 167 in relation to the practitioner or student.\n(sec.167A-ssec.2) After making the decision, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.","sortOrder":340},{"sectionNumber":"sch-inc-pt.8-div.9","sectionType":"division","heading":"Health and performance assessments","content":"## Health and performance assessments","sortOrder":341},{"sectionNumber":"sec.168","sectionType":"section","heading":"Definition","content":"### sec.168 Definition\n\nIn this Division—\nassessment means—\na health assessment; or\na performance assessment.\n- (a) a health assessment; or\n- (b) a performance assessment.","sortOrder":342},{"sectionNumber":"sec.169","sectionType":"section","heading":"Requirement for health assessment","content":"### sec.169 Requirement for health assessment\n\nA National Board may require a registered health practitioner or student to undergo a health assessment if the Board reasonably believes, because of a notification or for any other reason, that the practitioner or student has, or may have, an impairment.","sortOrder":343},{"sectionNumber":"sec.170","sectionType":"section","heading":"Requirement for performance assessment","content":"### sec.170 Requirement for performance assessment\n\nA National Board may require a registered health practitioner to undergo a performance assessment if the Board reasonably believes, because of a notification or for any other reason, that the way the practitioner practises the profession is or may be unsatisfactory.","sortOrder":344},{"sectionNumber":"sec.171","sectionType":"section","heading":"Appointment of assessor to carry out assessment","content":"### sec.171 Appointment of assessor to carry out assessment\n\nIf the National Board requires a registered health practitioner or student to undergo an assessment, the National Agency must appoint an assessor chosen by the Board to carry out the assessment.\nThe assessor must be—\nfor a health assessment, a medical practitioner or psychologist who is not a member of the National Board; or\nfor a performance assessment, a registered health practitioner who—\nis a member of the same health profession as the registered health practitioner or student undergoing assessment; but\nis not a member of the National Board established for that profession.\nThe assessor may ask another health practitioner to assist the assessor in carrying out the assessment of the registered health practitioner or student.\nThe assessor’s fee for carrying out the assessment is to be paid out of the National Board’s budget.\nsch s 171 amd 2017 No. 32 s 27\n(sec.171-ssec.1) If the National Board requires a registered health practitioner or student to undergo an assessment, the National Agency must appoint an assessor chosen by the Board to carry out the assessment.\n(sec.171-ssec.2) The assessor must be— for a health assessment, a medical practitioner or psychologist who is not a member of the National Board; or for a performance assessment, a registered health practitioner who— is a member of the same health profession as the registered health practitioner or student undergoing assessment; but is not a member of the National Board established for that profession.\n(sec.171-ssec.3) The assessor may ask another health practitioner to assist the assessor in carrying out the assessment of the registered health practitioner or student.\n(sec.171-ssec.4) The assessor’s fee for carrying out the assessment is to be paid out of the National Board’s budget.\n- (a) for a health assessment, a medical practitioner or psychologist who is not a member of the National Board; or\n- (b) for a performance assessment, a registered health practitioner who— (i) is a member of the same health profession as the registered health practitioner or student undergoing assessment; but (ii) is not a member of the National Board established for that profession.\n- (i) is a member of the same health profession as the registered health practitioner or student undergoing assessment; but\n- (ii) is not a member of the National Board established for that profession.\n- (i) is a member of the same health profession as the registered health practitioner or student undergoing assessment; but\n- (ii) is not a member of the National Board established for that profession.","sortOrder":345},{"sectionNumber":"sec.172","sectionType":"section","heading":"Notice to be given to registered health practitioner or student about assessment","content":"### sec.172 Notice to be given to registered health practitioner or student about assessment\n\nA requirement by a National Board for a registered health practitioner or student to undergo an assessment must be made by written notice given to the practitioner or student.\nThe written notice must state—\nthat the registered health practitioner or student is required to undergo a health assessment or performance assessment; and\nthe nature of the assessment to be carried out; and\nthe name and qualifications of the registered health practitioner who is to carry out the assessment; and\nthat if the registered health practitioner or student does not undergo the assessment the National Board may continue to take proceedings in relation to the practitioner or student under this Part.\n(sec.172-ssec.1) A requirement by a National Board for a registered health practitioner or student to undergo an assessment must be made by written notice given to the practitioner or student.\n(sec.172-ssec.2) The written notice must state— that the registered health practitioner or student is required to undergo a health assessment or performance assessment; and the nature of the assessment to be carried out; and the name and qualifications of the registered health practitioner who is to carry out the assessment; and that if the registered health practitioner or student does not undergo the assessment the National Board may continue to take proceedings in relation to the practitioner or student under this Part.\n- (a) that the registered health practitioner or student is required to undergo a health assessment or performance assessment; and\n- (b) the nature of the assessment to be carried out; and\n- (c) the name and qualifications of the registered health practitioner who is to carry out the assessment; and\n- (d) that if the registered health practitioner or student does not undergo the assessment the National Board may continue to take proceedings in relation to the practitioner or student under this Part.","sortOrder":346},{"sectionNumber":"sec.173","sectionType":"section","heading":"Assessor may require information or attendance","content":"### sec.173 Assessor may require information or attendance\n\nFor the purposes of conducting an assessment of a registered health practitioner or student, an assessor may, by written notice given to the practitioner or student, require the practitioner or student to—\ngive stated information to the assessor within a stated reasonable time and in a stated reasonable way; or\nattend before the assessor at a stated time and a stated place to undergo the assessment.\nthe registered health practitioner’s principal place of practice\n- (a) give stated information to the assessor within a stated reasonable time and in a stated reasonable way; or\n- (b) attend before the assessor at a stated time and a stated place to undergo the assessment. Example of stated place. the registered health practitioner’s principal place of practice","sortOrder":347},{"sectionNumber":"sec.174","sectionType":"section","heading":"Inspection of documents","content":"### sec.174 Inspection of documents\n\nIf a document is produced to an assessor, the assessor may—\ninspect the document; and\nmake a copy of, or take an extract from, the document; and\nkeep the document while it is necessary for the assessment.\nIf the assessor keeps the document, the assessor must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the assessor.\nsch s 174 amd 2022 No. 22 s 124\n(sec.174-ssec.1) If a document is produced to an assessor, the assessor may— inspect the document; and make a copy of, or take an extract from, the document; and keep the document while it is necessary for the assessment.\n(sec.174-ssec.2) If the assessor keeps the document, the assessor must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the assessor.\n- (a) inspect the document; and\n- (b) make a copy of, or take an extract from, the document; and\n- (c) keep the document while it is necessary for the assessment.","sortOrder":348},{"sectionNumber":"sec.175","sectionType":"section","heading":"Report from assessor","content":"### sec.175 Report from assessor\n\nThe assessor must, as soon as practicable after carrying out the assessment, give to the National Board a report about the assessment.","sortOrder":349},{"sectionNumber":"sec.176","sectionType":"section","heading":"Copy of report to be given to health practitioner or student","content":"### sec.176 Copy of report to be given to health practitioner or student\n\nThe National Board must, as soon as practicable after receiving the assessor’s report, give a copy of the report to—\nthe registered health practitioner or student to whom it relates; or\nif the report contains information the Board considers may, if disclosed to the practitioner or student, be prejudicial to the practitioner’s or student’s physical or mental health or wellbeing, to a medical practitioner or psychologist nominated by the practitioner or student.\nIf a medical practitioner or psychologist is given a copy of a report about a registered health practitioner or student under subsection (1) (b) , the medical practitioner or psychologist must give a copy of the report to the practitioner or student as soon as it will no longer be prejudicial to the practitioner’s or student’s health or wellbeing.\nAfter the registered health practitioner or student has been given a copy of the report under subsection (1) (a) or (2) , a person nominated by the Board must—\ndiscuss the report with the practitioner or student; and\nif the report makes an adverse finding about the practitioner’s practice of the profession or states that the assessor finds the practitioner has an impairment, discuss with the practitioner ways of dealing with the finding, including, for a practitioner, whether the practitioner is prepared to alter the way the practitioner practises the health profession.\n(sec.176-ssec.1) The National Board must, as soon as practicable after receiving the assessor’s report, give a copy of the report to— the registered health practitioner or student to whom it relates; or if the report contains information the Board considers may, if disclosed to the practitioner or student, be prejudicial to the practitioner’s or student’s physical or mental health or wellbeing, to a medical practitioner or psychologist nominated by the practitioner or student.\n(sec.176-ssec.2) If a medical practitioner or psychologist is given a copy of a report about a registered health practitioner or student under subsection (1) (b) , the medical practitioner or psychologist must give a copy of the report to the practitioner or student as soon as it will no longer be prejudicial to the practitioner’s or student’s health or wellbeing.\n(sec.176-ssec.3) After the registered health practitioner or student has been given a copy of the report under subsection (1) (a) or (2) , a person nominated by the Board must— discuss the report with the practitioner or student; and if the report makes an adverse finding about the practitioner’s practice of the profession or states that the assessor finds the practitioner has an impairment, discuss with the practitioner ways of dealing with the finding, including, for a practitioner, whether the practitioner is prepared to alter the way the practitioner practises the health profession.\n- (a) the registered health practitioner or student to whom it relates; or\n- (b) if the report contains information the Board considers may, if disclosed to the practitioner or student, be prejudicial to the practitioner’s or student’s physical or mental health or wellbeing, to a medical practitioner or psychologist nominated by the practitioner or student.\n- (a) discuss the report with the practitioner or student; and\n- (b) if the report makes an adverse finding about the practitioner’s practice of the profession or states that the assessor finds the practitioner has an impairment, discuss with the practitioner ways of dealing with the finding, including, for a practitioner, whether the practitioner is prepared to alter the way the practitioner practises the health profession.","sortOrder":350},{"sectionNumber":"sec.177","sectionType":"section","heading":"Decision by National Board","content":"### sec.177 Decision by National Board\n\nAfter considering the assessor’s report and the discussions held with the registered health practitioner or student under section 176 (3) , the National Board may decide to—\ntake the action the Board considers necessary or appropriate under another Division; or\nrefer the matter to another entity, including, for example, a health complaints entity, for investigation or other action; or\ntake no further action in relation to the matter.\n- (a) take the action the Board considers necessary or appropriate under another Division; or\n- (b) refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action; or\n- (c) take no further action in relation to the matter.","sortOrder":351},{"sectionNumber":"sec.177A","sectionType":"section","heading":"Board may give information to notifier about decision following assessor’s report","content":"### sec.177A Board may give information to notifier about decision following assessor’s report\n\nThis section applies if a notification about a registered health practitioner or student results in a decision by a National Board under section 177 in relation to the practitioner or student.\nAfter making the decision, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.\nsch s 177A ins 2017 No. 32 s 28\n(sec.177A-ssec.1) This section applies if a notification about a registered health practitioner or student results in a decision by a National Board under section 177 in relation to the practitioner or student.\n(sec.177A-ssec.2) After making the decision, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.","sortOrder":352},{"sectionNumber":"sch-inc-pt.8-div.10","sectionType":"division","heading":"Action by National Board","content":"## Action by National Board","sortOrder":353},{"sectionNumber":"sec.178","sectionType":"section","heading":"National Board may take action","content":"### sec.178 National Board may take action\n\nThis section applies if—\na National Board reasonably believes, because of a notification or for any other reason—\nthe way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner’s professional conduct, is or may be unsatisfactory; or\na registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or\na student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or\na student has or may have contravened a condition of the student’s registration or an undertaking given by the student to a National Board; or\na registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and\nthe matter is not required to be referred to a responsible tribunal under section 193 , including because of a decision made under section 193A that it is not in the public interest; and\nthe Board decides it is not necessary or appropriate to refer the matter to a panel.\nThe National Board may decide to take one or more of the following actions ( relevant action ) in relation to the registered health practitioner or student—\ncaution the registered health practitioner or student;\naccept an undertaking from the registered health practitioner or student;\nimpose conditions on the practitioner’s or student’s registration, including, for example, in relation to a practitioner—\na condition requiring the practitioner to complete specified further education or training within a specified period; or\na condition requiring the practitioner to undertake a specified period of supervised practice; or\na condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or\na condition requiring the practitioner to manage the practitioner’s practice in a specified way; or\na condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or\na condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;\nrefer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\nIf the National Board decides to impose a condition on the registered health practitioner’s or student’s registration, the Board must also decide a review period for the condition.\nsch s 178 amd 2017 No. 32 s 87 (1) s ch 1 pt 1 ; 2022 No. 22 ss 71, 107\n(sec.178-ssec.1) This section applies if— a National Board reasonably believes, because of a notification or for any other reason— the way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner’s professional conduct, is or may be unsatisfactory; or a registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or a student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or a student has or may have contravened a condition of the student’s registration or an undertaking given by the student to a National Board; or a registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and the matter is not required to be referred to a responsible tribunal under section 193 , including because of a decision made under section 193A that it is not in the public interest; and the Board decides it is not necessary or appropriate to refer the matter to a panel.\n(sec.178-ssec.2) The National Board may decide to take one or more of the following actions ( relevant action ) in relation to the registered health practitioner or student— caution the registered health practitioner or student; accept an undertaking from the registered health practitioner or student; impose conditions on the practitioner’s or student’s registration, including, for example, in relation to a practitioner— a condition requiring the practitioner to complete specified further education or training within a specified period; or a condition requiring the practitioner to undertake a specified period of supervised practice; or a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons; refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\n(sec.178-ssec.3) If the National Board decides to impose a condition on the registered health practitioner’s or student’s registration, the Board must also decide a review period for the condition.\n- (a) a National Board reasonably believes, because of a notification or for any other reason— (i) the way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner’s professional conduct, is or may be unsatisfactory; or (ii) a registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or (iii) a student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or (iv) a student has or may have contravened a condition of the student’s registration or an undertaking given by the student to a National Board; or (v) a registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and\n- (i) the way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner’s professional conduct, is or may be unsatisfactory; or\n- (ii) a registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or\n- (iii) a student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or\n- (iv) a student has or may have contravened a condition of the student’s registration or an undertaking given by the student to a National Board; or\n- (v) a registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and\n- (b) the matter is not required to be referred to a responsible tribunal under section 193 , including because of a decision made under section 193A that it is not in the public interest; and\n- (c) the Board decides it is not necessary or appropriate to refer the matter to a panel.\n- (i) the way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner’s professional conduct, is or may be unsatisfactory; or\n- (ii) a registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or\n- (iii) a student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or\n- (iv) a student has or may have contravened a condition of the student’s registration or an undertaking given by the student to a National Board; or\n- (v) a registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and\n- (a) caution the registered health practitioner or student;\n- (b) accept an undertaking from the registered health practitioner or student;\n- (c) impose conditions on the practitioner’s or student’s registration, including, for example, in relation to a practitioner— (i) a condition requiring the practitioner to complete specified further education or training within a specified period; or (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;\n- (i) a condition requiring the practitioner to complete specified further education or training within a specified period; or\n- (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or\n- (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or\n- (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or\n- (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or\n- (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;\n- (d) refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\n- (i) a condition requiring the practitioner to complete specified further education or training within a specified period; or\n- (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or\n- (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or\n- (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or\n- (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or\n- (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;","sortOrder":354},{"sectionNumber":"sec.179","sectionType":"section","heading":"Show cause process","content":"### sec.179 Show cause process\n\nIf a National Board is proposing to take relevant action in relation to a registered health practitioner or student, the Board must—\ngive the practitioner or student written notice of the proposed relevant action; and\ninvite the practitioner or student to make a written or verbal submission to the Board, within the reasonable time stated in the notice, about the proposed relevant action.\nAfter considering any submissions made by the registered health practitioner or student in accordance with this section, the National Board must decide to—\ntake no action in relation to the matter; or\ndo any of the following—\ntake the proposed relevant action or other relevant action;\ntake other action under this Part;\nrefer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\nsch s 179 amd 2022 No. 22 s 105\n(sec.179-ssec.1) If a National Board is proposing to take relevant action in relation to a registered health practitioner or student, the Board must— give the practitioner or student written notice of the proposed relevant action; and invite the practitioner or student to make a written or verbal submission to the Board, within the reasonable time stated in the notice, about the proposed relevant action.\n(sec.179-ssec.2) After considering any submissions made by the registered health practitioner or student in accordance with this section, the National Board must decide to— take no action in relation to the matter; or do any of the following— take the proposed relevant action or other relevant action; take other action under this Part; refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\n- (a) give the practitioner or student written notice of the proposed relevant action; and\n- (b) invite the practitioner or student to make a written or verbal submission to the Board, within the reasonable time stated in the notice, about the proposed relevant action.\n- (a) take no action in relation to the matter; or\n- (b) do any of the following— (i) take the proposed relevant action or other relevant action; (ii) take other action under this Part; (iii) refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\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 health complaints entity, for investigation or other action.\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 health complaints entity, for investigation or other action.","sortOrder":355},{"sectionNumber":"sec.180","sectionType":"section","heading":"Notice to be given to health practitioner or student and notifier","content":"### sec.180 Notice to be given to health practitioner or student and notifier\n\nAs soon as practicable after making a decision under section 179 (2) , the National Board must give written notice of the decision to—\nthe registered health practitioner or student; and\nif the decision was the result of a notification, the notifier.\nA notice under subsection (1) (b) may also include the reasons for the decision.\nsch s 180 sub 2017 No. 32 s 29\namd 2022 No. 22 s 106\n(sec.180-ssec.1) As soon as practicable after making a decision under section 179 (2) , the National Board must give written notice of the decision to— the registered health practitioner or student; and if the decision was the result of a notification, the notifier.\n(sec.180-ssec.2) A notice under subsection (1) (b) may also include the reasons for the decision.\n- (a) the registered health practitioner or student; and\n- (b) if the decision was the result of a notification, the notifier.","sortOrder":356},{"sectionNumber":"sch-inc-pt.8-div.11","sectionType":"division","heading":"Panels","content":"## Panels","sortOrder":357},{"sectionNumber":"sec.181","sectionType":"section","heading":"Establishment of health panel","content":"### sec.181 Establishment of health panel\n\nA National Board may establish a health panel if—\nthe Board reasonably believes, because of a notification or for any other reason, that a registered health practitioner or student has or may have an impairment; and\nthe Board decides it is necessary or appropriate for the matter to be referred to a panel.\nAlso, a National Board must establish a health panel if the suspension of a practitioner’s or student’s registration is to be reconsidered under section 191 (4A) or 191A (2) (c) .\nA health panel must consist of the following members chosen from a list referred to in section 183 —\nat least one member who is a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing;\nat least one member who is a medical practitioner with expertise relevant to the matter the subject of the hearing;\nat least one member who is not, and has not been, a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing.\nIn choosing members of the panel, the National Board must, if possible, choose a member from the jurisdiction in which the matter the subject of the hearing occurred.\nNo more than half of the members of the panel may be registered health practitioners in the same health profession as the registered health practitioner or student the subject of the hearing.\nHowever, for subsection (4) , if the subject of the hearing is a registered health practitioner who is a medical practitioner, a member of the panel referred to in subsection (2) (b) is not to be considered to be registered in the same health profession as the registered health practitioner the subject of the hearing.\nA person cannot be appointed to the panel if the person has been involved in any proceedings relating to the matter the subject of the hearing by the panel.\nsch s 181 amd 2017 No. 32 s 30\n(sec.181-ssec.1) A National Board may establish a health panel if— the Board reasonably believes, because of a notification or for any other reason, that a registered health practitioner or student has or may have an impairment; and the Board decides it is necessary or appropriate for the matter to be referred to a panel.\n(sec.181-ssec.1A) Also, a National Board must establish a health panel if the suspension of a practitioner’s or student’s registration is to be reconsidered under section 191 (4A) or 191A (2) (c) .\n(sec.181-ssec.2) A health panel must consist of the following members chosen from a list referred to in section 183 — at least one member who is a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing; at least one member who is a medical practitioner with expertise relevant to the matter the subject of the hearing; at least one member who is not, and has not been, a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing.\n(sec.181-ssec.3) In choosing members of the panel, the National Board must, if possible, choose a member from the jurisdiction in which the matter the subject of the hearing occurred.\n(sec.181-ssec.4) No more than half of the members of the panel may be registered health practitioners in the same health profession as the registered health practitioner or student the subject of the hearing.\n(sec.181-ssec.5) However, for subsection (4) , if the subject of the hearing is a registered health practitioner who is a medical practitioner, a member of the panel referred to in subsection (2) (b) is not to be considered to be registered in the same health profession as the registered health practitioner the subject of the hearing.\n(sec.181-ssec.6) A person cannot be appointed to the panel if the person has been involved in any proceedings relating to the matter the subject of the hearing by the panel.\n- (a) the Board reasonably believes, because of a notification or for any other reason, that a registered health practitioner or student has or may have an impairment; and\n- (b) the Board decides it is necessary or appropriate for the matter to be referred to a panel.\n- (a) at least one member who is a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing;\n- (b) at least one member who is a medical practitioner with expertise relevant to the matter the subject of the hearing;\n- (c) at least one member who is not, and has not been, a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing.","sortOrder":358},{"sectionNumber":"sec.182","sectionType":"section","heading":"Establishment of performance and professional standards panel","content":"### sec.182 Establishment of performance and professional standards panel\n\nA National Board may establish a performance and professional standards panel if—\nthe Board reasonably believes, because of a notification or for any other reason, that—\nthe way a registered health practitioner practises the health profession is or may be unsatisfactory; or\nthe registered health practitioner’s professional conduct is or may be unsatisfactory; and\nthe Board decides it is necessary or appropriate for the matter to be referred to a panel.\nA performance and professional standards panel must consist of at least 3 members.\nIn choosing members of the panel, the National Board must, if possible, choose a member from the jurisdiction in which the matter the subject of the hearing occurred.\nAt least half, but no more than two-thirds, of the members of the panel must be persons who are —\nregistered health practitioners in the same health profession as the registered health practitioner the subject of the hearing; and\nchosen from a list approved under section 183 .\nAt least one member must be a person who represents the community and chosen from a list approved under section 183 .\nA person may not be appointed to the panel if the person has been involved in any proceedings relating to the matter the subject of the hearing by the panel.\nsch s 182 amd 2017 No. 32 s 31\n(sec.182-ssec.1) A National Board may establish a performance and professional standards panel if— the Board reasonably believes, because of a notification or for any other reason, that— the way a registered health practitioner practises the health profession is or may be unsatisfactory; or the registered health practitioner’s professional conduct is or may be unsatisfactory; and the Board decides it is necessary or appropriate for the matter to be referred to a panel.\n(sec.182-ssec.2) A performance and professional standards panel must consist of at least 3 members.\n(sec.182-ssec.3) In choosing members of the panel, the National Board must, if possible, choose a member from the jurisdiction in which the matter the subject of the hearing occurred.\n(sec.182-ssec.4) At least half, but no more than two-thirds, of the members of the panel must be persons who are — registered health practitioners in the same health profession as the registered health practitioner the subject of the hearing; and chosen from a list approved under section 183 .\n(sec.182-ssec.5) At least one member must be a person who represents the community and chosen from a list approved under section 183 .\n(sec.182-ssec.6) A person may not be appointed to the panel if the person has been involved in any proceedings relating to the matter the subject of the hearing by the panel.\n- (a) the Board reasonably believes, because of a notification or for any other reason, that— (i) the way a registered health practitioner practises the health profession is or may be unsatisfactory; or (ii) the registered health practitioner’s professional conduct is or may be unsatisfactory; and\n- (i) the way a registered health practitioner practises the health profession is or may be unsatisfactory; or\n- (ii) the registered health practitioner’s professional conduct is or may be unsatisfactory; and\n- (b) the Board decides it is necessary or appropriate for the matter to be referred to a panel.\n- (i) the way a registered health practitioner practises the health profession is or may be unsatisfactory; or\n- (ii) the registered health practitioner’s professional conduct is or may be unsatisfactory; and\n- (a) registered health practitioners in the same health profession as the registered health practitioner the subject of the hearing; and\n- (b) chosen from a list approved under section 183 .","sortOrder":359},{"sectionNumber":"sec.183","sectionType":"section","heading":"List of approved persons for appointment to panels","content":"### sec.183 List of approved persons for appointment to panels\n\nA National Board may appoint individuals to a list of persons approved to be appointed as members of panels.\nTo the extent practicable, individuals appointed under subsection (1) should not—\nfor registered health practitioners, be individuals whose principal place of practice is in a co-regulatory jurisdiction; or\notherwise, be individuals who live in a co-regulatory jurisdiction.\n(sec.183-ssec.1) A National Board may appoint individuals to a list of persons approved to be appointed as members of panels.\n(sec.183-ssec.2) To the extent practicable, individuals appointed under subsection (1) should not— for registered health practitioners, be individuals whose principal place of practice is in a co-regulatory jurisdiction; or otherwise, be individuals who live in a co-regulatory jurisdiction.\n- (a) for registered health practitioners, be individuals whose principal place of practice is in a co-regulatory jurisdiction; or\n- (b) otherwise, be individuals who live in a co-regulatory jurisdiction.","sortOrder":360},{"sectionNumber":"sec.184","sectionType":"section","heading":"Notice to be given to registered health practitioner or student","content":"### sec.184 Notice to be given to registered health practitioner or student\n\nA panel must give notice of its hearing of a matter to the registered health practitioner or student the subject of the hearing.\nThe notice must state—\nthe day, time and place at which the hearing is to be held; and\nthe nature of the hearing and the matters to be considered at the hearing; and\nthat the registered health practitioner or student is required to attend the hearing; and\nthat the registered health practitioner may be accompanied at the hearing by an Australian legal practitioner or other person; and\nthat if the registered health practitioner or student fails to attend the hearing the hearing may continue, and the panel may make a decision, in the practitioner’s or student’s absence; and\nthe types of decision the panel may make at the end of the hearing.\nFor a panel established under section 181 (1A) , the panel—\nmay decide the hearing may be decided entirely on the basis of documents, without parties, their representatives or witnesses appearing at the hearing; and\nif the hearing is to be decided entirely on the basis of documents—must give written notice of the decision to the registered health practitioner or student the subject of the hearing.\nThe health practitioner or student may within 14 days after receiving the notice under subsection (3) (b) give a written notice to the panel—\nrequesting a hearing; and\nundertaking to be available to attend the hearing within 28 days after giving the notice.\nIf the health practitioner or student gives a notice under subsection (4) , the panel must give the health practitioner or student notice under subsection (1) stating a day for the hearing that is not more than 28 days after the practitioner’s or student’s notice was given.\nSubsection (1) does not apply if—\nthe panel makes a decision under subsection (3) ; and\nthe health practitioner or student does not give notice under subsection (4) .\nsch s 184 amd 2017 No. 32 s 32\n(sec.184-ssec.1) A panel must give notice of its hearing of a matter to the registered health practitioner or student the subject of the hearing.\n(sec.184-ssec.2) The notice must state— the day, time and place at which the hearing is to be held; and the nature of the hearing and the matters to be considered at the hearing; and that the registered health practitioner or student is required to attend the hearing; and that the registered health practitioner may be accompanied at the hearing by an Australian legal practitioner or other person; and that if the registered health practitioner or student fails to attend the hearing the hearing may continue, and the panel may make a decision, in the practitioner’s or student’s absence; and the types of decision the panel may make at the end of the hearing.\n(sec.184-ssec.3) For a panel established under section 181 (1A) , the panel— may decide the hearing may be decided entirely on the basis of documents, without parties, their representatives or witnesses appearing at the hearing; and if the hearing is to be decided entirely on the basis of documents—must give written notice of the decision to the registered health practitioner or student the subject of the hearing.\n(sec.184-ssec.4) The health practitioner or student may within 14 days after receiving the notice under subsection (3) (b) give a written notice to the panel— requesting a hearing; and undertaking to be available to attend the hearing within 28 days after giving the notice.\n(sec.184-ssec.5) If the health practitioner or student gives a notice under subsection (4) , the panel must give the health practitioner or student notice under subsection (1) stating a day for the hearing that is not more than 28 days after the practitioner’s or student’s notice was given.\n(sec.184-ssec.6) Subsection (1) does not apply if— the panel makes a decision under subsection (3) ; and the health practitioner or student does not give notice under subsection (4) .\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 hearing; and\n- (c) that the registered health practitioner or student is required to attend the hearing; and\n- (d) that the registered health practitioner may be accompanied at the hearing by an Australian legal practitioner or other person; and\n- (e) that if the registered health practitioner or student fails to attend the hearing the hearing may continue, and the panel may make a 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 hearing.\n- (a) may decide the hearing may be decided entirely on the basis of documents, without parties, their representatives or witnesses appearing at the hearing; and\n- (b) if the hearing is to be decided entirely on the basis of documents—must give written notice of the decision to the registered health practitioner or student the subject of the hearing.\n- (a) requesting a hearing; and\n- (b) undertaking to be available to attend the hearing within 28 days after giving the notice.\n- (a) the panel makes a decision under subsection (3) ; and\n- (b) the health practitioner or student does not give notice under subsection (4) .","sortOrder":361},{"sectionNumber":"sec.185","sectionType":"section","heading":"Procedure of panel","content":"### sec.185 Procedure of panel\n\nSubject to this Division, a panel may decide its own procedures.\nA panel is required to observe the principles of natural justice but is not bound by the rules of evidence.\nA panel may have regard to—\na report prepared by an assessor about the registered health practitioner or student; and\nany other information the panel considers relevant to the hearing of the matter.\n(sec.185-ssec.1) Subject to this Division, a panel may decide its own procedures.\n(sec.185-ssec.2) A panel is required to observe the principles of natural justice but is not bound by the rules of evidence.\n(sec.185-ssec.3) A panel may have regard to— a report prepared by an assessor about the registered health practitioner or student; and any other information the panel considers relevant to the hearing of the matter.\n- (a) a report prepared by an assessor about the registered health practitioner or student; and\n- (b) any other information the panel considers relevant to the hearing of the matter.","sortOrder":362},{"sectionNumber":"sec.186","sectionType":"section","heading":"Legal representation","content":"### sec.186 Legal representation\n\nAt a hearing of a panel, the registered health practitioner or student the subject of the hearing may be accompanied by an Australian legal practitioner or another person.\nAn Australian legal practitioner or other person accompanying the registered health practitioner or student may appear on behalf of the practitioner or student only with the leave of the panel.\nThe panel may grant leave for an Australian legal practitioner or other person to appear on behalf of the registered health practitioner or student only if the panel considers it appropriate in the particular circumstances of the hearing.\n(sec.186-ssec.1) At a hearing of a panel, the registered health practitioner or student the subject of the hearing may be accompanied by an Australian legal practitioner or another person.\n(sec.186-ssec.2) An Australian legal practitioner or other person accompanying the registered health practitioner or student may appear on behalf of the practitioner or student only with the leave of the panel.\n(sec.186-ssec.3) The panel may grant leave for an Australian legal practitioner or other person to appear on behalf of the registered health practitioner or student only if the panel considers it appropriate in the particular circumstances of the hearing.","sortOrder":363},{"sectionNumber":"sec.187","sectionType":"section","heading":"Submission by notifier","content":"### sec.187 Submission by notifier\n\nIf a matter the subject of a hearing before a panel relates to a notification, the notifier may, with the leave of the panel, make a submission to the panel about the matter.","sortOrder":364},{"sectionNumber":"sec.188","sectionType":"section","heading":"Panel may proceed in absence of registered health practitioner or student","content":"### sec.188 Panel may proceed in absence of registered health practitioner or student\n\nAt a hearing, a panel may proceed in the absence of the registered health practitioner or student the subject of the proceedings if the panel reasonably believes the practitioner or student has been given notice of the hearing.","sortOrder":365},{"sectionNumber":"sec.189","sectionType":"section","heading":"Hearing not open to the public","content":"### sec.189 Hearing not open to the public\n\nA hearing before a panel is not open to the public.","sortOrder":366},{"sectionNumber":"sec.190","sectionType":"section","heading":"Referral to responsible tribunal or National Board","content":"### sec.190 Referral to responsible tribunal or National Board\n\nA panel must stop hearing a matter and require the National Board that established the panel to refer the matter to a responsible tribunal under section 193 if, at any time—\nthe practitioner or student the subject of the hearing asks the panel for the matter to be referred to a responsible tribunal under section 193 ; or\nif the subject of the hearing is a registered health practitioner—the panel reasonably believes the evidence demonstrates the practitioner may have behaved in a way that constitutes professional misconduct.\nA panel must stop hearing a matter and refer the matter to the National Board that established the panel if the panel reasonably believes the evidence demonstrates the practitioner’s registration may have been improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.\nsch s 190 sub 2022 No. 22 s 72\n(sec.190-ssec.1) A panel must stop hearing a matter and require the National Board that established the panel to refer the matter to a responsible tribunal under section 193 if, at any time— the practitioner or student the subject of the hearing asks the panel for the matter to be referred to a responsible tribunal under section 193 ; or if the subject of the hearing is a registered health practitioner—the panel reasonably believes the evidence demonstrates the practitioner may have behaved in a way that constitutes professional misconduct.\n(sec.190-ssec.2) A panel must stop hearing a matter and refer the matter to the National Board that established the panel if the panel reasonably believes the evidence demonstrates the practitioner’s registration may have been improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.\n- (a) the practitioner or student the subject of the hearing asks the panel for the matter to be referred to a responsible tribunal under section 193 ; or\n- (b) if the subject of the hearing is a registered health practitioner—the panel reasonably believes the evidence demonstrates the practitioner may have behaved in a way that constitutes professional misconduct.","sortOrder":367},{"sectionNumber":"sec.191","sectionType":"section","heading":"Decision of panel","content":"### sec.191 Decision of panel\n\nAfter hearing a matter about a registered health practitioner, a panel may decide—\nthe practitioner has no case to answer and no further action is to be taken in relation to the matter; or\none or more of the following—\nthe practitioner has behaved in a way that constitutes unsatisfactory professional performance;\nthe practitioner has behaved in a way that constitutes unprofessional conduct;\nthe practitioner has an impairment;\nthe matter must be referred to a responsible tribunal under section 193 ;\nthe matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action.\nAfter hearing a matter about a student, a health panel may decide—\nthe student has an impairment; or\nthe matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action; or\nthe student has no case to answer and no further action is to be taken in relation to the matter.\nIf a panel decides a registered health practitioner or student has an impairment, or that a practitioner has behaved in a way that constitutes unsatisfactory professional performance or unprofessional conduct, the panel may decide to do one or more of the following—\nimpose conditions on the practitioner’s or student’s registration, including, for example, in relation to a practitioner—\na condition requiring the practitioner to complete specified further education or training within a specified period; or\na condition requiring the practitioner to undertake a specified period of supervised practice; or\na condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or\na condition requiring the practitioner to manage the practitioner’s practice in a specified way; or\na condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or\na condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;\nfor a health panel, suspend the practitioner’s or student’s registration;\nfor a performance and professional standards panel, caution or reprimand the practitioner.\nIf a panel decides to impose a condition on a registered health practitioner’s or student’s registration, the panel must also decide a review period for the condition.\nIf a panel suspends a health practitioner’s or student’s registration, the panel must decide a date (the reconsideration date ) by which the suspension must be reconsidered by a panel established under section 181 (1A) .\nA decision by a panel that a registered health practitioner has no case to answer in relation to a matter does not prevent a National Board or adjudication body taking the matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.\nsch s 191 amd 2017 No. 32 s 33\n(sec.191-ssec.1) After hearing a matter about a registered health practitioner, a panel may decide— the practitioner has no case to answer and no further action is to be taken in relation to the matter; or one or more of the following— the practitioner has behaved in a way that constitutes unsatisfactory professional performance; the practitioner has behaved in a way that constitutes unprofessional conduct; the practitioner has an impairment; the matter must be referred to a responsible tribunal under section 193 ; the matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action.\n(sec.191-ssec.2) After hearing a matter about a student, a health panel may decide— the student has an impairment; or the matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action; or the student has no case to answer and no further action is to be taken in relation to the matter.\n(sec.191-ssec.3) If a panel decides a registered health practitioner or student has an impairment, or that a practitioner has behaved in a way that constitutes unsatisfactory professional performance or unprofessional conduct, the panel may decide to do one or more of the following— impose conditions on the practitioner’s or student’s registration, including, for example, in relation to a practitioner— a condition requiring the practitioner to complete specified further education or training within a specified period; or a condition requiring the practitioner to undertake a specified period of supervised practice; or a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons; for a health panel, suspend the practitioner’s or student’s registration; for a performance and professional standards panel, caution or reprimand the practitioner.\n(sec.191-ssec.4) If a panel decides to impose a condition on a registered health practitioner’s or student’s registration, the panel must also decide a review period for the condition.\n(sec.191-ssec.4A) If a panel suspends a health practitioner’s or student’s registration, the panel must decide a date (the reconsideration date ) by which the suspension must be reconsidered by a panel established under section 181 (1A) .\n(sec.191-ssec.5) A decision by a panel that a registered health practitioner has no case to answer in relation to a matter does not prevent a National Board or adjudication body taking the matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.\n- (a) the practitioner has no case to answer and no further action is to be taken in relation to the matter; or\n- (b) one or more of the following— (i) the practitioner has behaved in a way that constitutes unsatisfactory professional performance; (ii) the practitioner has behaved in a way that constitutes unprofessional conduct; (iii) the practitioner has an impairment; (iv) the matter must be referred to a responsible tribunal under section 193 ; (v) the matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action.\n- (i) the practitioner has behaved in a way that constitutes unsatisfactory professional performance;\n- (ii) the practitioner has behaved in a way that constitutes unprofessional conduct;\n- (iii) the practitioner has an impairment;\n- (iv) the matter must be referred to a responsible tribunal under section 193 ;\n- (v) the matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action.\n- (i) the practitioner has behaved in a way that constitutes unsatisfactory professional performance;\n- (ii) the practitioner has behaved in a way that constitutes unprofessional conduct;\n- (iii) the practitioner has an impairment;\n- (iv) the matter must be referred to a responsible tribunal under section 193 ;\n- (v) the matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action.\n- (a) the student has an impairment; or\n- (b) the matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action; or\n- (c) the student has no case to answer and no further action is to be taken in relation to the matter.\n- (a) impose conditions on the practitioner’s or student’s registration, including, for example, in relation to a practitioner— (i) a condition requiring the practitioner to complete specified further education or training within a specified period; or (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;\n- (i) a condition requiring the practitioner to complete specified further education or training within a specified period; or\n- (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or\n- (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or\n- (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or\n- (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or\n- (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;\n- (b) for a health panel, suspend the practitioner’s or student’s registration;\n- (c) for a performance and professional standards panel, caution or reprimand the practitioner.\n- (i) a condition requiring the practitioner to complete specified further education or training within a specified period; or\n- (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or\n- (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or\n- (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or\n- (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or\n- (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;","sortOrder":368},{"sectionNumber":"sec.191A","sectionType":"section","heading":"Decision of panel after reconsideration of suspension","content":"### sec.191A Decision of panel after reconsideration of suspension\n\nThis section applies if the suspension of a health practitioner’s or student’s registration is reconsidered by a panel established under section 181 (1A) .\nThe panel may—\nrevoke the suspension; or\nrevoke the suspension, impose conditions under section 191 (3) (a) and decide a review period for the conditions under section 191 (4) ; or\nnot revoke the suspension and decide a new reconsideration date.\nsch s 191A ins 2017 No. 32 s 34\n(sec.191A-ssec.1) This section applies if the suspension of a health practitioner’s or student’s registration is reconsidered by a panel established under section 181 (1A) .\n(sec.191A-ssec.2) The panel may— revoke the suspension; or revoke the suspension, impose conditions under section 191 (3) (a) and decide a review period for the conditions under section 191 (4) ; or not revoke the suspension and decide a new reconsideration date.\n- (a) revoke the suspension; or\n- (b) revoke the suspension, impose conditions under section 191 (3) (a) and decide a review period for the conditions under section 191 (4) ; or\n- (c) not revoke the suspension and decide a new reconsideration date.","sortOrder":369},{"sectionNumber":"sec.191B","sectionType":"section","heading":"Change of reconsideration date for suspension of registration","content":"### sec.191B Change of reconsideration date for suspension of registration\n\nThis section applies if the suspension of a health practitioner’s or student’s registration is to be reconsidered by a panel established under section 181 (1A) on a reconsideration date.\nThe panel may decide an earlier reconsideration date if—\nthe health practitioner or student advises the panel of a material change in the practitioner’s or student’s circumstances and requests an earlier reconsideration date because of the change; and\nthe panel is reasonably satisfied an earlier reconsideration date is necessary because of the change in circumstances.\nFor subsection (2) , the panel must give the practitioner or student written notice of—\nif the panel decides an earlier reconsideration date—the earlier date; or\nif the panel decides to refuse the request for an earlier reconsideration date—the panel’s decision and the reasons for the decision.\nThe panel may decide a later reconsideration date if the panel is reasonably satisfied it is necessary to enable the panel to reconsider the suspension.\nthe health practitioner or student is required for a hearing and cannot attend because of illness;\nthe panel requires extra time to consider further evidence supplied by the health practitioner or student;\nextra time is required to appoint a panel member for a panel member who is ill.\nFor subsection (4) , the panel must give the health practitioner or student written notice of the later reconsideration date and the reasons for the decision.\nThe suspension of the health practitioner’s or student’s registration remains in force until the panel makes a decision to revoke the suspension.\nsch s 191B ins 2017 No. 32 s 34\n(sec.191B-ssec.1) This section applies if the suspension of a health practitioner’s or student’s registration is to be reconsidered by a panel established under section 181 (1A) on a reconsideration date.\n(sec.191B-ssec.2) The panel may decide an earlier reconsideration date if— the health practitioner or student advises the panel of a material change in the practitioner’s or student’s circumstances and requests an earlier reconsideration date because of the change; and the panel is reasonably satisfied an earlier reconsideration date is necessary because of the change in circumstances.\n(sec.191B-ssec.3) For subsection (2) , the panel must give the practitioner or student written notice of— if the panel decides an earlier reconsideration date—the earlier date; or if the panel decides to refuse the request for an earlier reconsideration date—the panel’s decision and the reasons for the decision.\n(sec.191B-ssec.4) The panel may decide a later reconsideration date if the panel is reasonably satisfied it is necessary to enable the panel to reconsider the suspension. the health practitioner or student is required for a hearing and cannot attend because of illness; the panel requires extra time to consider further evidence supplied by the health practitioner or student; extra time is required to appoint a panel member for a panel member who is ill.\n(sec.191B-ssec.5) For subsection (4) , the panel must give the health practitioner or student written notice of the later reconsideration date and the reasons for the decision.\n(sec.191B-ssec.6) The suspension of the health practitioner’s or student’s registration remains in force until the panel makes a decision to revoke the suspension.\n- (a) the health practitioner or student advises the panel of a material change in the practitioner’s or student’s circumstances and requests an earlier reconsideration date because of the change; and\n- (b) the panel is reasonably satisfied an earlier reconsideration date is necessary because of the change in circumstances.\n- (a) if the panel decides an earlier reconsideration date—the earlier date; or\n- (b) if the panel decides to refuse the request for an earlier reconsideration date—the panel’s decision and the reasons for the decision.\n- (a) the health practitioner or student is required for a hearing and cannot attend because of illness;\n- (b) the panel requires extra time to consider further evidence supplied by the health practitioner or student;\n- (c) extra time is required to appoint a panel member for a panel member who is ill.","sortOrder":370},{"sectionNumber":"sec.192","sectionType":"section","heading":"Notice to be given about panel’s decision","content":"### sec.192 Notice to be given about panel’s decision\n\nAs soon as practicable after making a decision under section 191 or 191A , a panel must give notice of its decision to the National Board that established it.\nThe National Board must, within 30 days after the panel makes its decision, give written notice of the decision to—\nthe registered health practitioner or student the subject of the hearing; and\nif the hearing related to a notification, the notifier.\nThe notice given to the registered health practitioner or student must state—\nthe decision made by the panel; and\nthe reasons for the decision; and\nthat the registered health practitioner or student may appeal against the decision; and\nhow an application for appeal may be made and the period within which the application must be made.\nA notice under subsection (2) (b) may also include the reasons for the decision.\nsch s 192 amd 2017 No. 32 s 35\n(sec.192-ssec.1) As soon as practicable after making a decision under section 191 or 191A , a panel must give notice of its decision to the National Board that established it.\n(sec.192-ssec.2) The National Board must, within 30 days after the panel makes its decision, give written notice of the decision to— the registered health practitioner or student the subject of the hearing; and if the hearing related to a notification, the notifier.\n(sec.192-ssec.3) The notice given to the registered health practitioner or student must state— the decision made by the panel; and the reasons for the decision; and that the registered health practitioner or student may appeal against the decision; and how an application for appeal may be made and the period within which the application must be made.\n(sec.192-ssec.4) A notice under subsection (2) (b) may also include the reasons for the decision.\n- (a) the registered health practitioner or student the subject of the hearing; and\n- (b) if the hearing related to a notification, the notifier.\n- (a) the decision made by the panel; and\n- (b) the reasons for the decision; and\n- (c) that the registered health practitioner or student may appeal against the decision; and\n- (d) how an application for appeal may be made and the period within which the application must be made.","sortOrder":371},{"sectionNumber":"sch-inc-pt.8-div.12","sectionType":"division","heading":"Referring matter to responsible tribunals","content":"## Referring matter to responsible tribunals","sortOrder":372},{"sectionNumber":"sec.193","sectionType":"section","heading":"Matters to be referred to responsible tribunal","content":"### sec.193 Matters to be referred to responsible tribunal\n\nSubject to section 193A , a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if—\nfor a registered health practitioner, the Board reasonably believes, based on a notification or for any other reason, the practitioner has behaved in a way that constitutes professional misconduct; or\nfor a registered health practitioner or student, a panel established by the Board requires the Board to refer the matter to a responsible tribunal.\nThe National Board must—\nrefer the matter to—\nthe responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or\nif the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and\ngive written notice of the referral to the registered health practitioner or student to whom the matter relates.\nSubsection (1) (a) does not require a National Board to refer a matter to a responsible tribunal if the behaviour constituting the professional misconduct consists of a registered health practitioner improperly obtaining registration because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.\nSee section 85C (b) which provides for the action a National Board may take if the Board decides a registered health practitioner’s registration was improperly obtained.\nsch s 193 amd 2022 No. 22 ss 73, 108\n(sec.193-ssec.1) Subject to section 193A , a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if— for a registered health practitioner, the Board reasonably believes, based on a notification or for any other reason, the practitioner has behaved in a way that constitutes professional misconduct; or for a registered health practitioner or student, a panel established by the Board requires the Board to refer the matter to a responsible tribunal.\n(sec.193-ssec.2) The National Board must— refer the matter to— the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and give written notice of the referral to the registered health practitioner or student to whom the matter relates.\n(sec.193-ssec.3) Subsection (1) (a) does not require a National Board to refer a matter to a responsible tribunal if the behaviour constituting the professional misconduct consists of a registered health practitioner improperly obtaining registration because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular. See section 85C (b) which provides for the action a National Board may take if the Board decides a registered health practitioner’s registration was improperly obtained.\n- (a) for a registered health practitioner, the Board reasonably believes, based on a notification or for any other reason, the practitioner has behaved in a way that constitutes professional misconduct; or\n- (b) for a registered health practitioner or student, a panel established by the Board requires the Board to refer the matter to a responsible tribunal.\n- (a) refer the matter to— (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and\n- (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or\n- (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and\n- (b) give written notice of the referral to the registered health practitioner or student to whom the matter relates.\n- (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or\n- (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and","sortOrder":373},{"sectionNumber":"sec.193A","sectionType":"section","heading":"National Boards may decide not to refer certain matters","content":"### sec.193A National Boards may decide not to refer certain matters\n\nA National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193 (1) (a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal.\nIn deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following—\nthe need to protect the health and safety of the public;\nthe seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct;\nwhether the practitioner is the subject of more than one notification or has previously been the subject of a notification;\nwhether the practitioner is still registered and, if not still registered, may again seek registration in the future;\nany other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter;\nany other matter the Board considers relevant to the decision.\nIf a decision is made under this section to not refer a matter to a responsible tribunal, the National Agency must publish information about the decision in its annual report.\nsch s 193A ins 2022 No. 22 s 109\n(sec.193A-ssec.1) A National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193 (1) (a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal.\n(sec.193A-ssec.2) In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following— the need to protect the health and safety of the public; the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct; whether the practitioner is the subject of more than one notification or has previously been the subject of a notification; whether the practitioner is still registered and, if not still registered, may again seek registration in the future; any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter; any other matter the Board considers relevant to the decision.\n(sec.193A-ssec.3) If a decision is made under this section to not refer a matter to a responsible tribunal, the National Agency must publish information about the decision in its annual report.\n- (a) the need to protect the health and safety of the public;\n- (b) the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct;\n- (c) whether the practitioner is the subject of more than one notification or has previously been the subject of a notification;\n- (d) whether the practitioner is still registered and, if not still registered, may again seek registration in the future;\n- (e) any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter;\n- (f) any other matter the Board considers relevant to the decision.","sortOrder":374},{"sectionNumber":"sec.194","sectionType":"section","heading":"Parties to the proceedings","content":"### sec.194 Parties to the proceedings\n\nThe parties to proceedings relating to a matter being heard by a responsible tribunal are—\nthe registered health practitioner or student who is the subject of the proceedings; and\nthe National Board that referred the matter to the tribunal.\n- (a) the registered health practitioner or student who is the subject of the proceedings; and\n- (b) the National Board that referred the matter to the tribunal.","sortOrder":375},{"sectionNumber":"sec.195","sectionType":"section","heading":"Costs","content":"### sec.195 Costs\n\nThe responsible tribunal may make any order about costs it considers appropriate for the proceedings.","sortOrder":376},{"sectionNumber":"sec.196","sectionType":"section","heading":"Decision by responsible tribunal about registered health practitioner","content":"### sec.196 Decision by responsible tribunal about registered health practitioner\n\nAfter hearing a matter about a registered health practitioner, a responsible tribunal may decide—\nthe practitioner has no case to answer and no further action is to be taken in relation to the matter; or\none or more of the following—\nthe practitioner has behaved in a way that constitutes unsatisfactory professional performance;\nthe practitioner has behaved in a way that constitutes unprofessional conduct;\nthe practitioner has behaved in a way that constitutes professional misconduct;\nthe practitioner has an impairment;\nthe practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board established for the practitioner’s health profession information or a document that was false or misleading in a material particular; or\nIf a responsible tribunal makes a decision referred to in subsection (1) (b) , the tribunal may decide to do one or more of the following—\ncaution or reprimand the practitioner;\nimpose a condition on the practitioner’s registration, including, for example—\na condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or\na condition requiring the practitioner to undertake a specified period of supervised practice; or\na condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or\na condition requiring the practitioner to manage the practitioner’s practice in a specified way; or\na condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or\na condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons,\nrequire the practitioner to pay a fine of not more than $30,000 to the National Board that registers the practitioner;\nsuspend the practitioner’s registration for a specified period;\ncancel the practitioner’s registration.\nIf the responsible tribunal decides to impose a condition on the practitioner’s registration, the tribunal must also decide a review period for the condition.\nIf the tribunal decides to cancel a person’s registration under this Law or the person does not hold registration under this Law, the tribunal may also decide to do one or more of the following—\ndisqualify the person from applying for registration as a registered health practitioner for a specified period;\nprohibit the person, either permanently or for a stated period, from doing either or both of the following—\nproviding any health service or a specified health service;\nusing any title or a specified title;\nimpose restrictions, either permanently or for a stated period, on the provision of any health service or a specified health service by the person.\nsch s 196 amd 2017 No. 32 ss 36, 87(1) s ch 1 pt 1 ; 2022 No. 22 s 99 ; 2023 No. 22 s 5\namd 2025 No. 6 s 18 (uncommenced amendment)\n(sec.196-ssec.1) After hearing a matter about a registered health practitioner, a responsible tribunal may decide— the practitioner has no case to answer and no further action is to be taken in relation to the matter; or one or more of the following— the practitioner has behaved in a way that constitutes unsatisfactory professional performance; the practitioner has behaved in a way that constitutes unprofessional conduct; the practitioner has behaved in a way that constitutes professional misconduct; the practitioner has an impairment; the practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board established for the practitioner’s health profession information or a document that was false or misleading in a material particular; or\n(sec.196-ssec.2) If a responsible tribunal makes a decision referred to in subsection (1) (b) , the tribunal may decide to do one or more of the following— caution or reprimand the practitioner; impose a condition on the practitioner’s registration, including, for example— a condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or a condition requiring the practitioner to undertake a specified period of supervised practice; or a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons, require the practitioner to pay a fine of not more than $30,000 to the National Board that registers the practitioner; suspend the practitioner’s registration for a specified period; cancel the practitioner’s registration.\n(sec.196-ssec.3) If the responsible tribunal decides to impose a condition on the practitioner’s registration, the tribunal must also decide a review period for the condition.\n(sec.196-ssec.4) If the tribunal decides to cancel a person’s registration under this Law or the person does not hold registration under this Law, the tribunal may also decide to do one or more of the following— disqualify the person from applying for registration as a registered health practitioner for a specified period; prohibit the person, either permanently or for a stated period, from doing either or both of the following— providing any health service or a specified health service; using any title or a specified title; impose restrictions, either permanently or for a stated period, on the provision of any health service or a specified health service by the person.\n- (a) the practitioner has no case to answer and no further action is to be taken in relation to the matter; or\n- (b) one or more of the following— (i) the practitioner has behaved in a way that constitutes unsatisfactory professional performance; (ii) the practitioner has behaved in a way that constitutes unprofessional conduct; (iii) the practitioner has behaved in a way that constitutes professional misconduct; (iv) the practitioner has an impairment; (v) the practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board established for the practitioner’s health profession information or a document that was false or misleading in a material particular; or\n- (i) the practitioner has behaved in a way that constitutes unsatisfactory professional performance;\n- (ii) the practitioner has behaved in a way that constitutes unprofessional conduct;\n- (iii) the practitioner has behaved in a way that constitutes professional misconduct;\n- (iv) the practitioner has an impairment;\n- (v) the practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board established for the practitioner’s health profession information or a document that was false or misleading in a material particular; or\n- (i) the practitioner has behaved in a way that constitutes unsatisfactory professional performance;\n- (ii) the practitioner has behaved in a way that constitutes unprofessional conduct;\n- (iii) the practitioner has behaved in a way that constitutes professional misconduct;\n- (iv) the practitioner has an impairment;\n- (v) the practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board established for the practitioner’s health profession information or a document that was false or misleading in a material particular; or\n- (a) caution or reprimand the practitioner;\n- (b) impose a condition on the practitioner’s registration, including, for example— (i) a condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons,\n- (i) a condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or\n- (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or\n- (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or\n- (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or\n- (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or\n- (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons,\n- (c) require the practitioner to pay a fine of not more than $30,000 to the 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- (i) a condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or\n- (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or\n- (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or\n- (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or\n- (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or\n- (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons,\n- (a) disqualify the person from applying for registration as a registered health practitioner for a specified period;\n- (b) prohibit the person, either permanently or for a stated period, from doing either or both of the following— (i) providing any health service or a specified health service; (ii) using any title or a specified title;\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 the provision of any health service or a specified health service by the person.\n- (i) providing any health service or a specified health service;\n- (ii) using any title or a specified title;","sortOrder":377},{"sectionNumber":"sec.196A","sectionType":"section","heading":"Offences relating to prohibition orders","content":"### sec.196A Offences relating to prohibition orders\n\nA person must not contravene a prohibition order.\nMaximum penalty—$60,000 or 3 years imprisonment or both.\nA person who is subject to a prohibition order (the prohibited person ) must, before providing a health service, give written notice of the order to the following persons—\nthe person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person;\nif the health service is to be provided by the prohibited person as an employee—the person’s employer;\nif the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity;\nif the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity.\nMaximum penalty—$5,000.\nA person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to a prohibition order.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nsch s 196A ins 2017 No. 32 s 37\namd 2019 No. 3 s 20\n(sec.196A-ssec.1) A person must not contravene a prohibition order. Maximum penalty—$60,000 or 3 years imprisonment or both.\n(sec.196A-ssec.2) A person who is subject to a prohibition order (the prohibited person ) must, before providing a health service, give written notice of the order to the following persons— the person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person; if the health service is to be provided by the prohibited person as an employee—the person’s employer; if the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity; if the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity. Maximum penalty—$5,000.\n(sec.196A-ssec.3) A person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to a prohibition order. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n- (a) the person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person;\n- (b) if the health service is to be provided by the prohibited person as an employee—the person’s employer;\n- (c) if the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity;\n- (d) if the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.","sortOrder":378},{"sectionNumber":"sec.197","sectionType":"section","heading":"Decision by responsible tribunal about student","content":"### sec.197 Decision by responsible tribunal about student\n\nAfter hearing a matter about a student, a responsible tribunal may decide—\nthe student has an impairment; or\nthe student has no case to answer and no further action is to be taken in relation to the matter.\nIf the responsible tribunal decides the student has an impairment, the tribunal may decide—\nimpose a condition on the student’s registration; or\nsuspend the student’s registration.\nsch s 197 amd 2025 No. 6 s 19 (uncommenced amendment)\n(sec.197-ssec.1) After hearing a matter about a student, a responsible tribunal may decide— the student has an impairment; or the student has no case to answer and no further action is to be taken in relation to the matter.\n(sec.197-ssec.2) If the responsible tribunal decides the student has an impairment, the tribunal may decide— impose a condition on the student’s registration; or suspend the student’s registration.\n- (a) the student has an impairment; or\n- (b) the student has no case to answer and no further action is to be taken in relation to the matter.\n- (a) impose a condition on the student’s registration; or\n- (b) suspend the student’s registration.","sortOrder":379},{"sectionNumber":"sec.198","sectionType":"section","heading":"Relationship with Act establishing responsible tribunal","content":"### sec.198 Relationship with Act establishing responsible tribunal\n\nThis Division applies despite any provision to the contrary of the Act that establishes the responsible tribunal but does not otherwise limit that Act.\n_____\nsch pt 8 div 12A (ss 198A–198E) ins 2025 No. 6 s 20 (uncommenced amendment)","sortOrder":380},{"sectionNumber":"sch-inc-pt.8-div.13","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":381},{"sectionNumber":"sec.199","sectionType":"section","heading":"Appellable decisions","content":"### sec.199 Appellable decisions\n\nA person who is the subject of any of the following decisions (an appellable decision ) may appeal against the decision to the appropriate responsible tribunal for the appellable decision—\na decision by a National Board to refuse to register the person;\na decision by a National Board to withdraw the person’s registration;\na decision by a National Board to refuse to endorse the person’s registration;\na decision by a National Board to refuse to renew the person’s registration;\na decision by a National Board to refuse to renew the endorsement of the person’s registration;\na decision by a National Board to impose or change a condition on a person’s registration or the endorsement of the person’s registration, other than—\na condition relating to the person’s qualification for general registration in the health profession; and\na condition imposed by section 112 (3) (a) ;\na decision by a National Board to refuse to change or remove a condition imposed on the person’s registration or the endorsement of the person’s registration;\na decision by a National Board to refuse to change or revoke an undertaking given by the person to the Board;\na decision by a National Board to suspend the person’s registration;\na decision by a regulatory body to issue or extend an interim prohibition order under Division 7A ;\na decision by a regulatory body to make or revise a public statement under Division 7B ;\na decision by a panel to impose a condition on the person’s registration;\na decision by a health panel to suspend the person’s registration;\na decision by a health panel not to revoke a suspension;\na decision by a performance and professional standards panel to reprimand the person.\nFor the purposes of subsection (1) , the appropriate responsible tribunal for an appellable decision is—\nfor a decision to take health, conduct or performance action in relation to a registered health practitioner or student—\nthe responsible tribunal for the participating jurisdiction in which the behaviour the subject of the decision occurred; or\nif the behaviour the subject of the decision occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; or\nfor another decision in relation to a registered health practitioner, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; or\nfor another decision in relation to a student, the responsible tribunal for the participating jurisdiction in which the student is undertaking the approved program of study or clinical training; or\nfor a decision in relation to another person—\nthe responsible tribunal for the participating jurisdiction in which the person lives, or\nif the person does not live in a participating jurisdiction, the responsible tribunal for the participating jurisdiction nominated by the National Board that made the appellable decision and specified in the notice given to the person of the appellable decision.\nsch s 199 amd 2017 No. 32 s 38 ; 2022 No. 22 ss 74, 95, 101\n(sec.199-ssec.1) A person who is the subject of any of the following decisions (an appellable decision ) may appeal against the decision to the appropriate responsible tribunal for the appellable decision— a decision by a National Board to refuse to register the person; a decision by a National Board to withdraw the person’s registration; a decision by a National Board to refuse to endorse the person’s registration; a decision by a National Board to refuse to renew the person’s registration; a decision by a National Board to refuse to renew the endorsement of the person’s registration; a decision by a National Board to impose or change a condition on a person’s registration or the endorsement of the person’s registration, other than— a condition relating to the person’s qualification for general registration in the health profession; and a condition imposed by section 112 (3) (a) ; a decision by a National Board to refuse to change or remove a condition imposed on the person’s registration or the endorsement of the person’s registration; a decision by a National Board to refuse to change or revoke an undertaking given by the person to the Board; a decision by a National Board to suspend the person’s registration; a decision by a regulatory body to issue or extend an interim prohibition order under Division 7A ; a decision by a regulatory body to make or revise a public statement under Division 7B ; a decision by a panel to impose a condition on the person’s registration; a decision by a health panel to suspend the person’s registration; a decision by a health panel not to revoke a suspension; a decision by a performance and professional standards panel to reprimand the person.\n(sec.199-ssec.2) For the purposes of subsection (1) , the appropriate responsible tribunal for an appellable decision is— for a decision to take health, conduct or performance action in relation to a registered health practitioner or student— the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the decision occurred; or if the behaviour the subject of the decision occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; or for another decision in relation to a registered health practitioner, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; or for another decision in relation to a student, the responsible tribunal for the participating jurisdiction in which the student is undertaking the approved program of study or clinical training; or for a decision in relation to another person— the responsible tribunal for the participating jurisdiction in which the person lives, or if the person does not live in a participating jurisdiction, the responsible tribunal for the participating jurisdiction nominated by the National Board that made the appellable decision and specified in the notice given to the person of 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 registration;\n- (b) a decision by a National Board to refuse to endorse the person’s registration;\n- (c) a decision by a National Board to refuse to renew the person’s registration;\n- (d) a decision by a National Board to refuse to renew the endorsement of the person’s registration;\n- (e) a decision by a National Board to impose or change a condition on a person’s registration or the endorsement of the person’s registration, other than— (i) a condition relating to the person’s qualification for general registration in the health profession; and (ii) a condition imposed by section 112 (3) (a) ;\n- (i) a condition relating to the person’s qualification for general registration 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 condition imposed on the person’s registration or the endorsement of the person’s registration;\n- (g) a decision by a National Board to refuse to change or revoke an undertaking given by the person to the Board;\n- (h) a decision by a National Board to suspend the person’s registration;\n- (ha) a decision by a regulatory body to issue or extend an interim prohibition order under Division 7A ;\n- (hb) a decision by a regulatory body to make or revise a public statement under Division 7B ;\n- (i) a decision by a panel to impose a condition on the person’s registration;\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 reprimand the person.\n- (i) a condition relating to the person’s qualification for general registration in the health profession; and\n- (ii) a condition imposed by section 112 (3) (a) ;\n- (a) for a decision to take health, conduct or performance action in relation to a registered health practitioner or student— (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the decision occurred; or (ii) if the behaviour the subject of the decision occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; or\n- (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the decision occurred; or\n- (ii) if the behaviour the subject of the decision occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; or\n- (b) for another decision in relation to a registered health practitioner, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; or\n- (c) for another decision in relation to a student, the responsible tribunal for the participating jurisdiction in which the student is undertaking the approved program of study or clinical training; or\n- (d) for a decision in relation to another person— (i) the responsible tribunal for the participating jurisdiction in which the person lives, or (ii) if the person does not live in a participating jurisdiction, the responsible tribunal for the participating jurisdiction nominated by the National Board that made the appellable decision and specified in the notice given to the person of the appellable decision.\n- (i) the responsible tribunal for the participating jurisdiction in which the person lives, or\n- (ii) if the person does not live in a participating jurisdiction, the responsible tribunal for the participating jurisdiction nominated by the National Board that made the appellable decision and specified in the notice given to the person of the appellable decision.\n- (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the decision occurred; or\n- (ii) if the behaviour the subject of the decision occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; or\n- (i) the responsible tribunal for the participating jurisdiction in which the person lives, or\n- (ii) if the person does not live in a participating jurisdiction, the responsible tribunal for the participating jurisdiction nominated by the National Board that made the appellable decision and specified in the notice given to the person of the appellable decision.","sortOrder":382},{"sectionNumber":"sec.200","sectionType":"section","heading":"Parties to the proceedings","content":"### sec.200 Parties to the proceedings\n\nThe parties to proceedings relating to an appellable decision being heard by a responsible tribunal are—\nthe person who is the subject of the appellable decision; and\nthe National Board that—\nmade the appellable decision; or\nestablished the panel that made the appellable decision; and\nthe National Agency if—\nthe appellable decision is a decision mentioned in section 199 (1) (ha) or (hb) ; and\nthe National Agency made the appellable decision.\nsch s 200 amd 2022 No. 22 s 102\n- (a) the person who is the subject of the appellable decision; and\n- (b) the National Board that— (i) made the appellable decision; or (ii) established the panel that made the appellable decision; and\n- (i) made the appellable decision; or\n- (ii) established the panel that made the appellable decision; and\n- (c) the National Agency if— (i) the appellable decision is a decision mentioned in section 199 (1) (ha) or (hb) ; and (ii) the National Agency made the appellable decision.\n- (i) the appellable decision is a decision mentioned in section 199 (1) (ha) or (hb) ; and\n- (ii) the National Agency made the appellable decision.\n- (i) made the appellable decision; or\n- (ii) established the panel that made the appellable decision; and\n- (i) the appellable decision is a decision mentioned in section 199 (1) (ha) or (hb) ; and\n- (ii) the National Agency made the appellable decision.","sortOrder":383},{"sectionNumber":"sec.201","sectionType":"section","heading":"Costs","content":"### sec.201 Costs\n\nThe responsible tribunal may make any order about costs it considers appropriate for the proceedings.","sortOrder":384},{"sectionNumber":"sec.202","sectionType":"section","heading":"Decision","content":"### sec.202 Decision\n\nAfter hearing the matter, the responsible tribunal may—\nconfirm the appellable decision; or\namend the appellable decision; or\nsubstitute another decision for the appellable decision.\nIn substituting another decision for the appellable decision, the responsible tribunal has the same powers as the entity that made the appellable decision.\n(sec.202-ssec.1) After hearing the matter, the responsible tribunal may— confirm the appellable decision; or amend the appellable decision; or substitute another decision for the appellable decision.\n(sec.202-ssec.2) In substituting another decision for the appellable decision, the responsible tribunal has the same powers as the entity that made the appellable decision.\n- (a) confirm the appellable decision; or\n- (b) amend the appellable decision; or\n- (c) substitute another decision for the appellable decision.","sortOrder":385},{"sectionNumber":"sec.203","sectionType":"section","heading":"Relationship with Act establishing responsible tribunal","content":"### sec.203 Relationship with Act establishing responsible tribunal\n\nThis Division applies despite any provision to the contrary of the Act that establishes the responsible tribunal but does not otherwise limit that Act.","sortOrder":386},{"sectionNumber":"sch-inc-pt.8-div.14","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":387},{"sectionNumber":"sec.204","sectionType":"section","heading":"Notice from adjudication body","content":"### sec.204 Notice from adjudication body\n\nIf an adjudication body, other than a court, makes a decision in relation to a health practitioner or student registered in a health profession, it must give written notice of the decision to the National Board established for the profession.\nThe notice must state—\nthe decision made by the adjudication body; and\nthe reasons for the decision; and\nthe date the decision takes effect; and\nany action the National Board must take to give effect to the decision.\n(sec.204-ssec.1) If an adjudication body, other than a court, makes a decision in relation to a health practitioner or student registered in a health profession, it must give written notice of the decision to the National Board established for the profession.\n(sec.204-ssec.2) The notice must state— the decision made by the adjudication body; and the reasons for the decision; and the date the decision takes effect; and any action the National Board must take to give effect to the decision.\n- (a) the decision made by the adjudication body; and\n- (b) the reasons for the decision; and\n- (c) the date the decision takes effect; and\n- (d) any action the National Board must take to give effect to the decision.","sortOrder":388},{"sectionNumber":"sec.205","sectionType":"section","heading":"Implementation of decisions","content":"### sec.205 Implementation of decisions\n\nA National Board must give effect to a decision of an adjudication body unless the decision is stayed on appeal.\nWithout limiting subsection (1) , the National Board must, if the notice given to the Board states that a health practitioner’s or student’s registration is cancelled, remove the practitioner’s or student’s name from the appropriate register kept by the Board.\n(sec.205-ssec.1) A National Board must give effect to a decision of an adjudication body unless the decision is stayed on appeal.\n(sec.205-ssec.2) Without limiting subsection (1) , the National Board must, if the notice given to the Board states that a health practitioner’s or student’s registration is cancelled, remove the practitioner’s or student’s name from the appropriate register kept by the Board.","sortOrder":389},{"sectionNumber":"sec.206","sectionType":"section","heading":"National Board to give notice to registered health practitioner’s employer and other entities","content":"### sec.206 National Board to give notice to registered health practitioner’s employer and other entities\n\nThis section applies if—\na National Board—\ndecides to take health, conduct or performance action against a registered health practitioner; or\nreceives notice from an adjudication body that the adjudication body has decided to take health, conduct or performance action against a registered health practitioner; or\nreceives notice from a co-regulatory authority that an adjudication body in the co-regulatory jurisdiction has decided to take health, conduct or performance action against a registered health practitioner; and\nthe National Board has been given practice information under section 132 or becomes aware of practice information it should have been given under that section.\nIf the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (a) of the definition of practice information in section 132 (4) and includes the names of other registered health practitioners, the Board, as soon as practicable after an event specified in subsection (1) (a) occurs, may give written notice of the decision to—\nthe named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises; and\nthe named registered health practitioners with whom the practitioner previously shared premises and the cost of the premises if the Board reasonably believes the practitioner’s health, conduct or performance while the practitioner shared the premises with the registered health practitioners posed—\na risk of harm to a person or a class of persons; or\na risk to public health or safety.\nIf the practice information given to the Board, or of which the Board becomes aware, is information referred to in paragraph (b) of the definition of practice information in section 132 (4) , the Board, as soon as practicable after an event specified in subsection (1) (a) occurs—\nif the registered health practitioner has a current practice arrangement with an entity named in the information—must give written notice of the decision to the entity; or\nif the practitioner had a previous practice arrangement with an entity named in the information—may give written notice of the decision to the entity if the Board reasonably believes the practitioner’s health, conduct or performance while the practitioner had a practice arrangement with the entity posed—\na risk of harm to a person or a class of persons; or\na risk to public health or safety.\nIn this section—\ndecision means a decision of a National Board or adjudication body to take health, conduct or performance action against a registered health practitioner.\nsch s 206 amd 2017 No. 32 s 39 ; 2022 No. 22 s 84\n(sec.206-ssec.1) This section applies if— a National Board— decides to take health, conduct or performance action against a registered health practitioner; or receives notice from an adjudication body that the adjudication body has decided to take health, conduct or performance action against a registered health practitioner; or receives notice from a co-regulatory authority that an adjudication body in the co-regulatory jurisdiction has decided to take health, conduct or performance action against a registered health practitioner; and the National Board has been given practice information under section 132 or becomes aware of practice information it should have been given under that section.\n(sec.206-ssec.2) If the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (a) of the definition of practice information in section 132 (4) and includes the names of other registered health practitioners, the Board, as soon as practicable after an event specified in subsection (1) (a) occurs, may give written notice of the decision to— the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises; and the named registered health practitioners with whom the practitioner previously shared premises and the cost of the premises if the Board reasonably believes the practitioner’s health, conduct or performance while the practitioner shared the premises with the registered health practitioners posed— a risk of harm to a person or a class of persons; or a risk to public health or safety.\n(sec.206-ssec.3) If the practice information given to the Board, or of which the Board becomes aware, is information referred to in paragraph (b) of the definition of practice information in section 132 (4) , the Board, as soon as practicable after an event specified in subsection (1) (a) occurs— if the registered health practitioner has a current practice arrangement with an entity named in the information—must give written notice of the decision to the entity; or if the practitioner had a previous practice arrangement with an entity named in the information—may give written notice of the decision to the entity if the Board reasonably believes the practitioner’s health, conduct or performance while the practitioner had a practice arrangement with the entity posed— a risk of harm to a person or a class of persons; or a risk to public health or safety.\n(sec.206-ssec.4) In this section— decision means a decision of a National Board or adjudication body to take health, conduct or performance action against a registered health practitioner.\n- (a) a National Board— (i) decides to take health, conduct or performance action against a registered health practitioner; or (ii) receives notice from an adjudication body that the adjudication body has decided to take health, conduct or performance action against a registered health practitioner; or (iii) receives notice from a co-regulatory authority that an adjudication body in the co-regulatory jurisdiction has decided to take health, conduct or performance action against a registered health practitioner; and\n- (i) decides to take health, conduct or performance action against a registered health practitioner; or\n- (ii) receives notice from an adjudication body that the adjudication body has decided to take health, conduct or performance action against a registered health practitioner; or\n- (iii) receives notice from a co-regulatory authority that an adjudication body in the co-regulatory jurisdiction has decided to take health, conduct or performance action against a registered health practitioner; and\n- (b) the National Board has been given practice information under section 132 or becomes aware of practice information it should have been given under that section.\n- (i) decides to take health, conduct or performance action against a registered health practitioner; or\n- (ii) receives notice from an adjudication body that the adjudication body has decided to take health, conduct or performance action against a registered health practitioner; or\n- (iii) receives notice from a co-regulatory authority that an adjudication body in the co-regulatory jurisdiction has decided to take health, conduct or performance action against a registered health practitioner; and\n- (a) the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises; and\n- (b) the named registered health practitioners with whom the practitioner previously shared premises and the cost of the premises if the Board reasonably believes the practitioner’s health, conduct or performance while the practitioner shared the premises with the registered health practitioners posed— (i) a risk of harm to a person or a class of persons; or (ii) a risk to public health or safety.\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- (i) a risk of harm to a person or a class of persons; or\n- (ii) a risk to public health or safety.\n- (a) if the registered health practitioner has a current practice arrangement with an entity named in the information—must give written notice of the decision to the entity; or\n- (b) if the practitioner had a previous practice arrangement with an entity named in the information—may give written notice of the decision to the entity if the Board reasonably believes the practitioner’s health, conduct or performance while the practitioner had a practice arrangement with the entity posed— (i) a risk of harm to a person or a class of persons; or (ii) a risk to public health or safety.\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- (i) a risk of harm to a person or a class of persons; or\n- (ii) a risk to public health or safety.","sortOrder":390},{"sectionNumber":"sec.207","sectionType":"section","heading":"Effect of suspension","content":"### sec.207 Effect of suspension\n\nIf a person’s registration as a health practitioner or student is suspended under this Law the person is taken during the period of suspension not to be registered under this Law, other than for the purposes of this Part.","sortOrder":391},{"sectionNumber":"sch-inc-pt.9","sectionType":"part","heading":"Finance","content":"# Finance","sortOrder":392},{"sectionNumber":"sec.208","sectionType":"section","heading":"Australian Health Practitioner Regulation Agency Fund","content":"### sec.208 Australian Health Practitioner Regulation Agency Fund\n\nThe Australian Health Practitioner Regulation Agency Fund is established.\nThe Agency Fund is to have a separate account for each National Board.\nThe Agency Fund is a fund to be administered by the National Agency.\nThe National Agency may establish accounts with any financial institution for money in the Agency Fund.\nThe Agency Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth.\n(sec.208-ssec.1) The Australian Health Practitioner Regulation Agency Fund is established.\n(sec.208-ssec.2) The Agency Fund is to have a separate account for each National Board.\n(sec.208-ssec.3) The Agency Fund is a fund to be administered by the National Agency.\n(sec.208-ssec.4) The National Agency may establish accounts with any financial institution for money in the Agency Fund.\n(sec.208-ssec.5) The Agency Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth.","sortOrder":393},{"sectionNumber":"sec.209","sectionType":"section","heading":"Payments into Agency Fund","content":"### sec.209 Payments into Agency Fund\n\nThere is payable into the Agency Fund—\nall money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and\nall fees, costs and expenses paid or recovered under this Law; and\nall fines paid to, or recovered by, a National Board in accordance with an order of an adjudication body; and\nthe proceeds of the investment of money in the Fund; and\nall grants, gifts and donations made to the National Agency or a National Board, but subject to any trusts declared in relation to the grants, gifts or donations; and\nall money directed or authorised to be paid into the Fund by or under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and\nany other money or property received by the National Agency or a National Board in connection with the exercise of its functions.\nAny money paid into the Agency Fund under subsection (1) for or on behalf of a National Board must be paid into the Board’s account kept within the Agency Fund.\n(sec.209-ssec.1) There is payable into the Agency Fund— all money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and all fees, costs and expenses paid or recovered under this Law; and all fines paid to, or recovered by, a National Board in accordance with an order of an adjudication body; and the proceeds of the investment of money in the Fund; and all grants, gifts and donations made to the National Agency or a National Board, but subject to any trusts declared in relation to the grants, gifts or donations; and all money directed or authorised to be paid into the Fund by or under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and any other money or property received by the National Agency or a National Board in connection with the exercise of its functions.\n(sec.209-ssec.2) Any money paid into the Agency Fund under subsection (1) for or on behalf of a National Board must be paid into the Board’s account kept within the Agency Fund.\n- (a) all money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and\n- (b) all fees, costs and expenses paid or recovered under this Law; and\n- (c) all fines paid to, or recovered by, a National Board in accordance with 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 National Board, but subject to any trusts declared in relation to the grants, gifts or donations; and\n- (f) all money directed or authorised to be paid into the Fund by or under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and\n- (g) any other money or property received by the National Agency or a National Board in connection with the exercise of its functions.","sortOrder":394},{"sectionNumber":"sec.210","sectionType":"section","heading":"Payments out of Agency Fund","content":"### sec.210 Payments out of Agency Fund\n\nPayments may be made from the Agency Fund for the purpose of—\npaying any costs or expenses, or discharging any liabilities, incurred in the administration or enforcement of this Law; and\nmaking payments to co-regulatory authorities; and\nany other payments recommended by the National Board or National Agency and approved by the Ministerial Council.\nWithout limiting subsection (1) (a) , a payment may be made from the Agency Fund to a responsible tribunal to meet the expenses of the responsible tribunal in performing functions under this Law.\nA payment under subsection (1) may be made from a National Board’s account kept within the Agency Fund only if the payment is in accordance with the Board’s budget or otherwise approved by the Board.\n(sec.210-ssec.1) Payments may be made from the Agency Fund for the purpose of— paying any costs or expenses, or discharging any liabilities, incurred in the administration or enforcement of this Law; and making payments to co-regulatory authorities; and any other payments recommended by the National Board or National Agency and approved by the Ministerial Council.\n(sec.210-ssec.2) Without limiting subsection (1) (a) , a payment may be made from the Agency Fund to a responsible tribunal to meet the expenses of the responsible tribunal in performing functions under this Law.\n(sec.210-ssec.3) A payment under subsection (1) may be made from a National Board’s account kept within the Agency Fund only if the payment is in accordance with the Board’s budget or otherwise approved by the Board.\n- (a) paying any costs or expenses, or discharging any liabilities, incurred 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 National Agency and approved by the Ministerial Council.","sortOrder":395},{"sectionNumber":"sec.211","sectionType":"section","heading":"Investment of money in Agency Fund","content":"### sec.211 Investment of money in Agency Fund\n\nSubject to this section, the National Agency may invest money in the Agency Fund in the way it considers appropriate.\nThe National Agency may invest money in a National Board’s account kept within the Agency Fund only if the Agency has consulted the Board about the investment.\nAn investment under this section must be—\nin Australian money; and\nundertaken in Australia.\nThe National Agency must use its best efforts to invest money in the Agency Fund in a way it considers is most appropriate in all the circumstances.\nThe National Agency must keep records that show it has invested in the way most appropriate in the circumstances.\nA security, safe custody acknowledgment or other document evidencing title accepted, guaranteed or issued for an investment arrangement must be held by the National Agency.\n(sec.211-ssec.1) Subject to this section, the National Agency may invest money in the Agency Fund in the way it considers appropriate.\n(sec.211-ssec.2) The National Agency may invest money in a National Board’s account kept within the Agency Fund only if the Agency has consulted the Board about the investment.\n(sec.211-ssec.3) An investment under this section must be— in Australian money; and undertaken in Australia.\n(sec.211-ssec.4) The National Agency must use its best efforts to invest money in the Agency Fund in a way it considers is most appropriate in all the circumstances.\n(sec.211-ssec.5) The National Agency must keep records that show it has invested in the way most appropriate in the circumstances.\n(sec.211-ssec.6) A security, safe custody acknowledgment or other document evidencing title accepted, guaranteed or issued for an investment arrangement must be held by the National Agency.\n- (a) in Australian money; and\n- (b) undertaken in Australia.","sortOrder":396},{"sectionNumber":"sec.212","sectionType":"section","heading":"Financial management duties of National Agency and National Boards","content":"### sec.212 Financial management duties of National Agency and National Boards\n\nThe National Agency must—\nensure that its operations are carried out efficiently, effectively and economically; and\nkeep proper books and records in relation to the Agency Fund; and\nensure that expenditure is made from the Agency Fund for lawful purposes only and, as far as possible, reasonable value is obtained for moneys expended from the Fund; and\nensure that its procedures, including internal control procedures, afford adequate safeguards with respect to—\nthe correctness, regularity and propriety of payments made from the Agency Fund; and\nreceiving and accounting for payments made to the Agency Fund; and\nprevention of fraud or mistake; and\ntake any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and\ntake any action necessary to facilitate the audit of those financial statements in accordance with this Law; and\narrange for any further audit by a qualified person of the books and records kept by the National Agency in relation to the Agency Fund, if directed to do so by the Ministerial Council.\nA National Board must—\nensure that its operations are carried out efficiently, effectively and economically; and\ntake any action necessary to ensure that the National Agency is able to comply with this section in relation to the funding of the National Board in exercising its functions.\n(sec.212-ssec.1) The National Agency must— ensure that its operations are carried out efficiently, effectively and economically; and keep proper books and records in relation to the Agency Fund; and ensure that expenditure is made from the Agency Fund for lawful purposes only and, as far as possible, reasonable value is obtained for moneys expended from the Fund; and ensure that its procedures, including internal control procedures, afford adequate safeguards with respect to— the correctness, regularity and propriety of payments made from the Agency Fund; and receiving and accounting for payments made to the Agency Fund; and prevention of fraud or mistake; and take any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and take any action necessary to facilitate the audit of those financial statements in accordance with this Law; and arrange for any further audit by a qualified person of the books and records kept by the National Agency in relation to the Agency Fund, if directed to do so by the Ministerial Council.\n(sec.212-ssec.2) A National Board must— ensure that its operations are carried out efficiently, effectively and economically; and take any action necessary to ensure that the National Agency is able to comply with this section in relation to the funding of the National Board in exercising its functions.\n- (a) ensure that its operations are carried out efficiently, effectively and economically; and\n- (b) keep proper books and records in relation to the Agency Fund; and\n- (c) ensure that expenditure is made from the Agency Fund for lawful purposes only and, as far as possible, reasonable value is obtained for moneys expended from the Fund; and\n- (d) ensure that its procedures, including internal control procedures, afford adequate safeguards with respect to— (i) the correctness, regularity and propriety of payments made from the Agency Fund; and (ii) receiving and accounting for payments made to the Agency Fund; and (iii) prevention of fraud or mistake; and\n- (i) the correctness, regularity and propriety of payments made from the Agency Fund; and\n- (ii) receiving and accounting for payments made to the Agency Fund; and\n- (iii) prevention of fraud or mistake; and\n- (e) take any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and\n- (f) take any action necessary to facilitate the audit of those financial statements in accordance with this Law; and\n- (g) arrange for any further audit by a qualified person of the books and records kept by the National Agency in relation to the Agency Fund, if directed to do so by the Ministerial Council.\n- (i) the correctness, regularity and propriety of payments made from the Agency Fund; and\n- (ii) receiving and accounting for payments made to the Agency Fund; and\n- (iii) prevention of fraud or mistake; and\n- (a) ensure that its operations are carried out efficiently, effectively and economically; and\n- (b) take any action necessary to ensure that the National Agency is able to comply with this section in relation to the funding of the National Board in exercising its functions.","sortOrder":397},{"sectionNumber":"sch-inc-pt.10","sectionType":"part","heading":"Information and privacy","content":"# Information and privacy","sortOrder":398},{"sectionNumber":"sch-inc-pt.10-div.1A","sectionType":"division","heading":"Australian Information Commissioner","content":"## Australian Information Commissioner","sortOrder":399},{"sectionNumber":"sec.212A","sectionType":"section","heading":"Application of Commonwealth AIC Act","content":"### sec.212A Application of Commonwealth AIC Act\n\nThe AIC Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\nFor the purposes of subsection (1) , the AIC Act applies—\nas if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and\nas if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and\nwith any other modifications made by the regulations.\nWithout limiting subsection (2) (c) , the regulations may—\nprovide that the AIC Act applies under subsection (1) as if a provision of the AIC Act specified in the regulations were omitted; or\nprovide that the AIC Act applies under subsection (1) as if an amendment to the AIC Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\nconfer jurisdiction on a tribunal or court of a participating jurisdiction.\nIn this section—\nAIC Act means the Australian Information Commissioner Act 2010 of the Commonwealth, as in force from time to time.\nsch s 212A ins 2017 No. 32 s 40\n(sec.212A-ssec.1) The AIC Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\n(sec.212A-ssec.2) For the purposes of subsection (1) , the AIC Act applies— as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and as if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and with any other modifications made by the regulations.\n(sec.212A-ssec.3) Without limiting subsection (2) (c) , the regulations may— provide that the AIC Act applies under subsection (1) as if a provision of the AIC Act specified in the regulations were omitted; or provide that the AIC Act applies under subsection (1) as if an amendment to the AIC Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or confer jurisdiction on a tribunal or court of a participating jurisdiction.\n(sec.212A-ssec.4) In this section— AIC Act means the Australian Information Commissioner Act 2010 of the Commonwealth, as in force from time to time.\n- (a) as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and\n- (b) as if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and\n- (c) with any other modifications made by the regulations.\n- (a) provide that the AIC Act applies under subsection (1) as if a provision of the AIC Act specified in the regulations were omitted; or\n- (b) provide that the AIC Act applies under subsection (1) as if an amendment to the AIC Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\n- (c) confer jurisdiction on a tribunal or court of a participating jurisdiction.","sortOrder":400},{"sectionNumber":"sch-inc-pt.10-div.1","sectionType":"division","heading":"Privacy","content":"## Privacy","sortOrder":401},{"sectionNumber":"sec.213","sectionType":"section","heading":"Application of Commonwealth Privacy Act","content":"### sec.213 Application of Commonwealth Privacy Act\n\nThe Privacy Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\nFor the purposes of subsection (1) , the Privacy Act applies—\nas if a reference to the Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and\nwith any other modifications made by the regulations.\nWithout limiting subsection (2) (b) , the regulations may—\nprovide that the Privacy Act applies under subsection (1) as if a provision of the Privacy Act specified in the regulations were omitted; or\nprovide that the Privacy Act applies under subsection (1) as if an amendment to the Privacy Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\nconfer jurisdiction on a tribunal or court of a participating jurisdiction.\nIn this section—\nPrivacy Act means the Privacy Act 1988 of the Commonwealth, as in force from time to time.\nsch s 213 amd 2017 No. 32 s 41\n(sec.213-ssec.1) The Privacy Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\n(sec.213-ssec.2) For the purposes of subsection (1) , the Privacy Act applies— as if a reference to the Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and with any other modifications made by the regulations.\n(sec.213-ssec.3) Without limiting subsection (2) (b) , the regulations may— provide that the Privacy Act applies under subsection (1) as if a provision of the Privacy Act specified in the regulations were omitted; or provide that the Privacy Act applies under subsection (1) as if an amendment to the Privacy Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or confer jurisdiction on a tribunal or court of a participating jurisdiction.\n(sec.213-ssec.4) In this section— Privacy Act means the Privacy Act 1988 of the Commonwealth, as in force from time to time.\n- (a) as if a reference to the Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and\n- (b) with any other modifications made by the regulations.\n- (a) provide that the Privacy Act applies under subsection (1) as if a provision of the Privacy Act specified in the regulations were omitted; or\n- (b) provide that the Privacy Act applies under subsection (1) as if an amendment to the Privacy Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\n- (c) confer jurisdiction on a tribunal or court of a participating jurisdiction.","sortOrder":402},{"sectionNumber":"sch-inc-pt.10-div.2","sectionType":"division","heading":"Disclosure of information and confidentiality","content":"## Disclosure of information and confidentiality","sortOrder":403},{"sectionNumber":"sec.214","sectionType":"section","heading":"Definition","content":"### sec.214 Definition\n\nIn this Division—\nprotected information means information that comes to a person’s knowledge in the course of, or because of, the person exercising functions under this Law.","sortOrder":404},{"sectionNumber":"sec.215","sectionType":"section","heading":"Application of Commonwealth FOI Act","content":"### sec.215 Application of Commonwealth FOI Act\n\nThe FOI Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\nFor the purposes of subsection (1) , the FOI Act applies—\nas if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and\nas if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and\nwith any other modifications made by the regulations.\nWithout limiting subsection (2) (c) , the regulations may—\nprovide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the regulations were omitted; or\nprovide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\nconfer jurisdiction on a tribunal or court of a participating jurisdiction.\nIn this section—\nFOI Act means the Freedom of Information Act 1982 of the Commonwealth, as in force from time to time.\nsch s 215 amd 2017 No. 32 s 42\n(sec.215-ssec.1) The FOI Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\n(sec.215-ssec.2) For the purposes of subsection (1) , the FOI Act applies— as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and as if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and with any other modifications made by the regulations.\n(sec.215-ssec.3) Without limiting subsection (2) (c) , the regulations may— provide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the regulations were omitted; or provide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or confer jurisdiction on a tribunal or court of a participating jurisdiction.\n(sec.215-ssec.4) In this section— FOI Act means the Freedom of Information Act 1982 of the Commonwealth, as in force from time to time.\n- (a) as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and\n- (b) as if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and\n- (c) with any other modifications made by the regulations.\n- (a) provide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the regulations were omitted; or\n- (b) provide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\n- (c) confer jurisdiction on a tribunal or court of a participating jurisdiction.","sortOrder":405},{"sectionNumber":"sec.216","sectionType":"section","heading":"Duty of confidentiality","content":"### sec.216 Duty of confidentiality\n\nA person who is, or has been, a person exercising functions under this Law must not disclose to another person protected information.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nHowever, subsection (1) does not apply if—\nthe information is disclosed in the exercise of a function under, or for the purposes of, this Law; or\nthe disclosure—\nis to a co-regulatory authority; or\nis authorised or required by any law of a participating jurisdiction; or\nthe disclosure is otherwise required or permitted by law; or\nthe disclosure is with the agreement of the person to whom the information relates; or\nthe disclosure is in a form that does not identify the identity of a person; or\nthe information relates to proceedings before a responsible tribunal and the proceedings are or were open to the public; or\nthe information is, or has been, accessible to the public, including because it is or was recorded in a National Register; or\nthe disclosure is otherwise authorised by the Ministerial Council.\n(sec.216-ssec.1) A person who is, or has been, a person exercising functions under this Law must not disclose to another person protected information. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sec.216-ssec.2) However, subsection (1) does not apply if— the information is disclosed in the exercise of a function under, or for the purposes of, this Law; or the disclosure— is to a co-regulatory authority; or is authorised or required by any law of a participating jurisdiction; or the disclosure is otherwise required or permitted by law; or the disclosure is with the agreement of the person to whom the information relates; or the disclosure is in a form that does not identify the identity of a person; or the information relates to proceedings before a responsible tribunal and the proceedings are or were open to the public; or the information is, or has been, accessible to the public, including because it is or was recorded in a National Register; or the disclosure is otherwise authorised by the Ministerial Council.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.\n- (a) the information is disclosed in the exercise of a function under, or for the purposes of, this Law; or\n- (b) the disclosure— (i) is to a co-regulatory authority; or (ii) is authorised or required by any law of a participating jurisdiction; or\n- (i) is to a co-regulatory authority; or\n- (ii) is authorised or required by any law of a participating jurisdiction; or\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 information relates; or\n- (e) the disclosure is in a form that does not identify the identity of a person; or\n- (f) the information relates to proceedings before a responsible tribunal and the proceedings are or were open to the public; or\n- (g) the information is, or has been, accessible to the public, including because it is or was recorded in a National Register; or\n- (h) the disclosure is otherwise authorised by the Ministerial Council.\n- (i) is to a co-regulatory authority; or\n- (ii) is authorised or required by any law of a participating jurisdiction; or","sortOrder":406},{"sectionNumber":"sec.217","sectionType":"section","heading":"Disclosure of information for workforce planning","content":"### sec.217 Disclosure of information for workforce planning\n\nThe Ministerial Council may, by written notice given to a National Board, ask the Board for information required by the Council for planning the workforce of health practitioners, or a class of practitioners, in Australia or a part of Australia.\nIf a National Board receives a request under subsection (1) , the Board may, by written notice given to health practitioners registered in a health profession for which the Board is established, ask the practitioners for information relevant to the request.\nA registered health practitioner who is asked to provide information under subsection (2) may, but is not required to, provide the information.\nThe National Board—\nmust give information received from a registered health practitioner to the Ministerial Council in a way that does not identify any registered health practitioner; and\nmust not use information received under this section that identifies a registered health practitioner for any other purpose.\nThe Ministerial Council must publish information it receives under this section in a way that is timely and ensures it is accessible to the public.\nsch s 217 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.217-ssec.1) The Ministerial Council may, by written notice given to a National Board, ask the Board for information required by the Council for planning the workforce of health practitioners, or a class of practitioners, in Australia or a part of Australia.\n(sec.217-ssec.2) If a National Board receives a request under subsection (1) , the Board may, by written notice given to health practitioners registered in a health profession for which the Board is established, ask the practitioners for information relevant to the request.\n(sec.217-ssec.3) A registered health practitioner who is asked to provide information under subsection (2) may, but is not required to, provide the information.\n(sec.217-ssec.4) The National Board— must give information received from a registered health practitioner to the Ministerial Council in a way that does not identify any registered health practitioner; and must not use information received under this section that identifies a registered health practitioner for any other purpose.\n(sec.217-ssec.5) The Ministerial Council must publish information it receives under this section in a way that is timely and ensures it is accessible to the public.\n- (a) must give information received from a registered health practitioner to the Ministerial Council in a way that does not identify any registered health practitioner; and\n- (b) must not use information received under this section that identifies a registered health practitioner for any other purpose.","sortOrder":407},{"sectionNumber":"sec.218","sectionType":"section","heading":"Disclosure of information for information management and communication purposes","content":"### sec.218 Disclosure of information for information management and communication purposes\n\nA person may disclose protected information to an information management agency if the disclosure is in accordance with an authorisation given by the Ministerial Council under subsection (2) .\nThe Ministerial Council may authorise the disclosure of protected information to an information management agency if the Council is satisfied—\nthe protected information will be collected, stored and used by the information management agency in a way that ensures the privacy of the persons to whom it relates is protected; and\nthe provision of the protected information to the information management agency is necessary to enable the agency to exercise its functions.\nAn authorisation under subsection (2) —\nmay apply to protected information generally or a class of protected information; and\nmay be subject to conditions.\nIn this section—\ninformation management agency means a Commonwealth, State or Territory agency that has functions relating to the identification of health practitioners for information management and communication purposes, including, for example, the National E-health Transition Authority.\n(sec.218-ssec.1) A person may disclose protected information to an information management agency if the disclosure is in accordance with an authorisation given by the Ministerial Council under subsection (2) .\n(sec.218-ssec.2) The Ministerial Council may authorise the disclosure of protected information to an information management agency if the Council is satisfied— the protected information will be collected, stored and used by the information management agency in a way that ensures the privacy of the persons to whom it relates is protected; and the provision of the protected information to the information management agency is necessary to enable the agency to exercise its functions.\n(sec.218-ssec.3) An authorisation under subsection (2) — may apply to protected information generally or a class of protected information; and may be subject to conditions.\n(sec.218-ssec.4) In this section— information management agency means a Commonwealth, State or Territory agency that has functions relating to the identification of health practitioners for information management and communication purposes, including, for example, the National E-health Transition Authority.\n- (a) the protected information will be collected, stored and used by the information management agency in a way that ensures the privacy of the persons to whom it relates is protected; and\n- (b) the provision of the protected information to the information management agency is necessary to enable the agency to exercise its functions.\n- (a) may apply to protected information generally or a class of protected information; and\n- (b) may be subject to conditions.","sortOrder":408},{"sectionNumber":"sec.219","sectionType":"section","heading":"Disclosure of information to other Commonwealth, State and Territory entities","content":"### sec.219 Disclosure of information to other Commonwealth, State and Territory entities\n\nA person exercising functions under this Law may disclose protected information to the following entities—\nthe Chief Executive Medicare under the Human Services (Medicare) Act 1973 of the Commonwealth;\nan entity performing functions under the Health Insurance Act 1973 of the Commonwealth;\nthe Secretary within the meaning of the National Health Act 1953 of the Commonwealth;\nthe Secretary to the Department in which the Migration Act 1958 of the Commonwealth is administered;\nanother Commonwealth, State or Territory entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners.\nHowever, a person may disclose protected information under subsection (1) only if the person is satisfied—\nthe protected information will be collected, stored and used by the entity to which it is disclosed in a way that ensures the privacy of the persons to whom it relates is protected; and\nthe provision of the protected information to the entity is necessary to enable the entity to exercise its functions.\nsch s 219 amd 2022 No. 22 s 125\n(sec.219-ssec.1) A person exercising functions under this Law may disclose protected information to the following entities— the Chief Executive Medicare under the Human Services (Medicare) Act 1973 of the Commonwealth; an entity performing functions under the Health Insurance Act 1973 of the Commonwealth; the Secretary within the meaning of the National Health Act 1953 of the Commonwealth; the Secretary to the Department in which the Migration Act 1958 of the Commonwealth is administered; another Commonwealth, State or Territory entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners.\n(sec.219-ssec.2) However, a person may disclose protected information under subsection (1) only if the person is satisfied— the protected information will be collected, stored and used by the entity to which it is disclosed in a way that ensures the privacy of the persons to whom it relates is protected; and the provision of the protected information to the entity is necessary to enable the entity to exercise its functions.\n- (a) the Chief Executive Medicare under the Human Services (Medicare) Act 1973 of the Commonwealth;\n- (b) an entity performing functions under the Health Insurance Act 1973 of the Commonwealth;\n- (c) the Secretary within the meaning of the National Health Act 1953 of the Commonwealth;\n- (d) the Secretary to the Department in which the Migration Act 1958 of the Commonwealth is administered;\n- (e) another Commonwealth, State or Territory entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners.\n- (a) the protected information will be collected, stored and used by the entity to which it is disclosed in a way that ensures the privacy of the persons to whom it relates is protected; and\n- (b) the provision of the protected information to the entity is necessary to enable the entity to exercise its functions.","sortOrder":409},{"sectionNumber":"sec.220","sectionType":"section","heading":"Disclosure to protect health or safety of patients or other persons","content":"### sec.220 Disclosure to protect health or safety of patients or other persons\n\nThis section applies if a National Board reasonably believes that—\neither of the following poses, or may pose, a risk to public health—\na registered health practitioner;\na person who provides a health service but is not a registered health practitioner; or\nthe health or safety of a patient or class of patients is or may be at risk because of—\na registered health practitioner’s practice as a health practitioner; or\nthe provision of a health service by a person who is not a registered health practitioner.\nThe National Board may give written notice of the risk and any relevant information about a person mentioned in subsection (1) (a) or (b) to an entity of the Commonwealth or a State or Territory that the Board considers may be required to take action in relation to the risk.\nsch s 220 sub 2017 No. 32 s 43\n(sec.220-ssec.1) This section applies if a National Board reasonably believes that— either of the following poses, or may pose, a risk to public health— a registered health practitioner; a person who provides a health service but is not a registered health practitioner; or the health or safety of a patient or class of patients is or may be at risk because of— a registered health practitioner’s practice as a health practitioner; or the provision of a health service by a person who is not a registered health practitioner.\n(sec.220-ssec.2) The National Board may give written notice of the risk and any relevant information about a person mentioned in subsection (1) (a) or (b) to an entity of the Commonwealth or a State or Territory that the Board considers may be required to take action in relation to the risk.\n- (a) either of the following poses, or may pose, a risk to public health— (i) a registered health practitioner; (ii) a person who provides a health service but is not a registered health practitioner; or\n- (i) a registered health practitioner;\n- (ii) a person who provides a health service but is not a registered health practitioner; or\n- (i) a registered health practitioner;\n- (ii) a person who provides a health service but is not a registered health practitioner; or\n- (b) the health or safety of a patient or class of patients is or may be at risk because of— (i) a registered health practitioner’s practice as a health practitioner; or (ii) the provision of a health service by a person who is not a registered health practitioner.\n- (i) a registered health practitioner’s practice as a health practitioner; or\n- (ii) the provision of a health service by a person who is not a registered health practitioner.\n- (i) a registered health practitioner’s practice as a health practitioner; or\n- (ii) the provision of a health service by a person who is not a registered health practitioner.","sortOrder":410},{"sectionNumber":"sec.220A","sectionType":"section","heading":"Disclosure of information about registered health practitioners to protect health or safety of persons","content":"### sec.220A Disclosure of information about registered health practitioners to protect health or safety of persons\n\nThis section applies if—\nbecause of a notification or an investigation under this Law, a National Board reasonably believes that—\nbecause of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and\nit is necessary to give notice under this section to protect public health or safety; and\nthe Board has been given practice information under section 132 or becomes aware of practice information the Board has the power to request under that section.\nIf the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (a) of the definition of practice information in section 132 (4) and includes the names of other registered health practitioners, the Board may give the following to the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises—\nwritten notice of the risk;\nany relevant information about the registered health practitioner.\nIf the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (b) of the definition of practice information in section 132 (4) , the Board, as soon as practicable after receiving or becoming aware of the information, must give the following to a named entity that has a current practice arrangement with the registered health practitioner—\nwritten notice of the risk;\nany relevant information about the registered health practitioner.\nTo avoid doubt, subsections (2) and (3) do not allow the Board to give health information about a patient to—\nthe named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises; or\nthe named entity that has a current practice arrangement with the practitioner.\nSubsections (2) and (3) do not apply if the National Board decides it is 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 because—\nit would impact on an investigation into the registered health practitioner; or\nit would place a notifier at risk of harassment, harm or intimidation; or\nthe public interest is outweighed by the registered health practitioner’s right to privacy.\nSubsection (3) does not apply if the National Board has already notified the named entity about the practitioner, in relation to the same risk, under section 206 or another provision of this Law.\nIn this section—\nhealth information has the same meaning as in the Privacy Act 1988 of the Commonwealth.\nsch s 220A ins 2022 No. 22 s 110\n(sec.220A-ssec.1) This section applies if— because of a notification or an investigation under this Law, a National Board reasonably believes that— because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and it is necessary to give notice under this section to protect public health or safety; and the Board has been given practice information under section 132 or becomes aware of practice information the Board has the power to request under that section.\n(sec.220A-ssec.2) If the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (a) of the definition of practice information in section 132 (4) and includes the names of other registered health practitioners, the Board may give the following to the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises— written notice of the risk; any relevant information about the registered health practitioner.\n(sec.220A-ssec.3) If the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (b) of the definition of practice information in section 132 (4) , the Board, as soon as practicable after receiving or becoming aware of the information, must give the following to a named entity that has a current practice arrangement with the registered health practitioner— written notice of the risk; any relevant information about the registered health practitioner.\n(sec.220A-ssec.4) To avoid doubt, subsections (2) and (3) do not allow the Board to give health information about a patient to— the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises; or the named entity that has a current practice arrangement with the practitioner.\n(sec.220A-ssec.5) Subsections (2) and (3) do not apply if the National Board decides it is not in the public interest to give the notice. A National Board may decide it is not in the public interest to give the notice because— it would impact on an investigation into the registered health practitioner; or it would place a notifier at risk of harassment, harm or intimidation; or the public interest is outweighed by the registered health practitioner’s right to privacy.\n(sec.220A-ssec.6) Subsection (3) does not apply if the National Board has already notified the named entity about the practitioner, in relation to the same risk, under section 206 or another provision of this Law.\n(sec.220A-ssec.7) In this section— health information has the same meaning as in the Privacy Act 1988 of the Commonwealth.\n- (a) because of a notification or an investigation under this Law, a National Board reasonably believes that— (i) because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and (ii) it is necessary to give notice under this section to protect public health or safety; and\n- (i) because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and\n- (ii) it is necessary to give notice under this section to protect public health or safety; and\n- (b) the Board has been given practice information under section 132 or becomes aware of practice information the Board has the power to request under that section.\n- (i) because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and\n- (ii) it is necessary to give notice under this section to protect public health or safety; and\n- (a) written notice of the risk;\n- (b) any relevant information about the registered health practitioner.\n- (a) written notice of the risk;\n- (b) any relevant information about the registered health practitioner.\n- (a) the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises; or\n- (b) the named entity that has a current practice arrangement with the practitioner.\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 privacy.","sortOrder":411},{"sectionNumber":"sec.220B","sectionType":"section","heading":"Disclosure of information about unregistered persons to protect health or safety of persons","content":"### sec.220B Disclosure of information about unregistered persons to protect health or safety of persons\n\nThis section applies if—\nbecause of an investigation into a possible offence against Part 7 , or a prosecution of an offence against that Part, the National Agency or a National Board reasonably believes that—\nan unregistered person poses a serious risk to persons; and\nit is necessary to give notice under this section to protect public health or safety; and\nthe unregistered person—\nis self-employed and shares premises and the cost of the premises with registered health practitioners; or\nhas a practice arrangement with an entity.\nThe National Agency or the National Board may give written notice of the risk, and any relevant information about the unregistered person, to the registered health practitioners or entities mentioned in subsection (1) (b) .\nTo avoid doubt, subsection (2) does not allow the Board to give health information about a patient to the registered health practitioners or entities mentioned in subsection (1) (b) .\nIn this section—\nhealth information has the same meaning as in the Privacy Act 1988 of the Commonwealth.\nsch s 220B ins 2022 No. 22 s 111\n(sec.220B-ssec.1) This section applies if— because of an investigation into a possible offence against Part 7 , or a prosecution of an offence against that Part, the National Agency or a National Board reasonably believes that— an unregistered person poses a serious risk to persons; and it is necessary to give notice under this section to protect public health or safety; and the unregistered person— is self-employed and shares premises and the cost of the premises with registered health practitioners; or has a practice arrangement with an entity.\n(sec.220B-ssec.2) The National Agency or the National Board may give written notice of the risk, and any relevant information about the unregistered person, to the registered health practitioners or entities mentioned in subsection (1) (b) .\n(sec.220B-ssec.3) To avoid doubt, subsection (2) does not allow the Board to give health information about a patient to the registered health practitioners or entities mentioned in subsection (1) (b) .\n(sec.220B-ssec.4) In this section— health information has the same meaning as in the Privacy Act 1988 of the Commonwealth.\n- (a) because of an investigation into a possible offence against Part 7 , or a prosecution of an offence against that Part, the National Agency or a National Board reasonably believes that— (i) an unregistered person poses a serious risk to persons; and (ii) it is necessary to give notice under this section to protect public health or safety; and\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 public health or safety; and\n- (b) the unregistered person— (i) is self-employed and shares premises and the cost of the premises with registered health practitioners; or (ii) has a practice arrangement with an entity.\n- (i) is self-employed and shares premises and the cost of the premises with registered health practitioners; or\n- (ii) has a practice arrangement with an entity.\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 public health or safety; and\n- (i) is self-employed and shares premises and the cost of the premises with registered health practitioners; or\n- (ii) has a practice arrangement with an entity.","sortOrder":412},{"sectionNumber":"sec.221","sectionType":"section","heading":"Disclosure to registration authorities","content":"### sec.221 Disclosure to registration authorities\n\nA person exercising functions under this Law may disclose protected information to a registration authority if the disclosure is necessary for the authority to exercise its functions.","sortOrder":413},{"sectionNumber":"sch-inc-pt.10-div.3","sectionType":"division","heading":"Registers in relation to registered health practitioner","content":"## Registers in relation to registered health practitioner","sortOrder":414},{"sectionNumber":"sec.222","sectionType":"section","heading":"Public national registers","content":"### sec.222 Public national registers\n\nA public national register, with the name listed in column 1 of the following table, is to be kept for each health profession.\nA public national register for a health profession is to include the names of all health practitioners (other than specialist health practitioners) currently registered in the profession.\nIf divisions are listed beside the public national register in column 2 of the Table, the register is to be kept in a way that ensures it includes those divisions.\nIn addition, a public national register for a health profession is to include—\nthe names of all health practitioners (other than specialist health practitioners) whose registration has been cancelled by an adjudication body; and\nthe names of all persons (other than specialist health practitioners or persons who were previously specialist health practitioners) subject to a prohibition order; and\nthe names of all persons who were previously registered health practitioners (other than persons who were previously specialist health practitioners) who are subject to an interim prohibition order.\nA public national register required to be kept under this section is to be kept by the National Board prescribed by the regulations for the register, in conjunction with the National Agency.\nName of public national register\nDivisions of public national register\nRegister of Aboriginal and Torres Strait Islander Health Practitioners\nRegister of Chinese Medicine Practitioners\nAcupuncturists, Chinese herbal medicine practitioners, Chinese herbal dispensers\nRegister of Chiropractors\nRegister of Dental Practitioners\nDentists, Dental therapists, Dental hygienists, Dental prosthetists, Oral health therapists\nRegister of Medical Practitioners\nRegister of Medical Radiation Practitioners\nDiagnostic radiographers, Nuclear medicine technologists, Radiation therapists\nRegister of Midwives\nRegister of Nurses\nRegistered nurses ( Division 1 ), Enrolled nurses ( 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\nsch s 222 sub 2017 No. 32 s 44\namd 2017 No. 32 s 45 ; 2022 No. 22 s 96\n(sec.222-ssec.1) A public national register, with the name listed in column 1 of the following table, is to be kept for each health profession.\n(sec.222-ssec.2) A public national register for a health profession is to include the names of all health practitioners (other than specialist health practitioners) currently registered in the profession.\n(sec.222-ssec.3) If divisions are listed beside the public national register in column 2 of the Table, the register is to be kept in a way that ensures it includes those divisions.\n(sec.222-ssec.4) In addition, a public national register for a health profession is to include— the names of all health practitioners (other than specialist health practitioners) whose registration has been cancelled by an adjudication body; and the names of all persons (other than specialist health practitioners or persons who were previously specialist health practitioners) subject to a prohibition order; and the names of all persons who were previously registered health practitioners (other than persons who were previously specialist health practitioners) who are subject to an interim prohibition order.\n(sec.222-ssec.5) A public national register required to be kept under this section is to be kept by the National Board prescribed by the regulations for the register, in conjunction with the National Agency. Name of public national register Divisions of public national register Register of Aboriginal and Torres Strait Islander Health Practitioners Register of Chinese Medicine Practitioners Acupuncturists, Chinese herbal medicine practitioners, Chinese herbal dispensers Register of Chiropractors Register of Dental Practitioners Dentists, Dental therapists, Dental hygienists, Dental prosthetists, Oral health therapists Register of Medical Practitioners Register of Medical Radiation Practitioners Diagnostic radiographers, Nuclear medicine technologists, Radiation therapists Register of Midwives Register of Nurses Registered nurses ( Division 1 ), Enrolled nurses ( Division 2 ) Register of Occupational Therapists Register of Optometrists Register of Osteopaths Register of Paramedics Register of Pharmacists Register of Physiotherapists Register of Podiatrists Register of Psychologists\n- (a) the names of all health practitioners (other than specialist health practitioners) whose registration has been cancelled by an adjudication body; and\n- (b) the names of all persons (other than specialist health practitioners or persons who were previously specialist health practitioners) subject to a prohibition order; and\n- (c) the names of all persons who were previously registered health practitioners (other than persons who were previously specialist health practitioners) who are subject to an interim prohibition order.","sortOrder":415},{"sectionNumber":"sec.223","sectionType":"section","heading":"Specialists Registers","content":"### sec.223 Specialists Registers\n\nThe National Board established for a health profession for which specialist recognition operates under this Law must, in conjunction with the National Agency, keep—\na public national specialists register that includes the names of all specialist health practitioners currently registered in a health profession for which the Board is established; and\na public national register that includes the names of all—\nspecialist health practitioners whose registration has been cancelled by an adjudication body; and\npersons who are subject to a prohibition order; and\npersons who were previously specialist health practitioners who are subject to an interim prohibition order.\nsch s 223 amd 2017 No. 32 ss 46, 87(1) s ch 1 pt 1 ; 2022 No. 22 s 97\n- (a) a public national specialists register that includes the names of all specialist health practitioners currently registered in a health profession for which the Board is established; and\n- (b) a public national register that includes the names of all— (i) specialist health practitioners whose registration has been cancelled by an adjudication body; and (ii) persons who are subject to a prohibition order; and (iii) persons who were previously specialist health practitioners who are subject to an interim prohibition order.\n- (i) specialist health practitioners whose registration has been cancelled 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 who are subject to an interim prohibition order.\n- (i) specialist health practitioners whose registration has been cancelled 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 who are subject to an interim prohibition order.","sortOrder":416},{"sectionNumber":"sec.224","sectionType":"section","heading":"Way registers are to be kept","content":"### sec.224 Way registers are to be kept\n\nSubject to this Division, a register a National Board is required to keep under this Division must be kept—\nin a way that ensures it is up-to-date and accurate; and\notherwise in the way the National Agency considers appropriate.\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.","sortOrder":417},{"sectionNumber":"sec.225","sectionType":"section","heading":"Information to be recorded in National Register or Specialists Register","content":"### sec.225 Information to be recorded in National Register or Specialists Register\n\nA National Register or Specialists Register must include the following information for each registered health practitioner whose name is included in the register—\nthe practitioner’s sex;\nany alternative name for the practitioner that has been notified to the National Board under section 131A , unless—\nthe alternative name is a prohibited name; and\nthe National Board has decided under section 131A (2) (a) to refuse to record the name in a National Register or Specialists Register;\nthe suburb and postcode of the practitioner’s principal place of practice;\nthe registration number or code given to the practitioner by the National Board;\nthe date on which the practitioner was first registered in the health profession in Australia, whether under this Law or a corresponding prior Act;\nthe date on which the practitioner’s registration expires;\nthe type of registration held by the practitioner;\nif the register includes divisions, the division in which the practitioner is registered;\nif the practitioner holds specialist registration, the recognised specialty in which the practitioner is registered;\nif the practitioner holds limited registration, the purpose for which the practitioner is registered;\nif the practitioner has been reprimanded, the fact that the practitioner has been reprimanded;\nif a condition has been imposed on the practitioner’s registration or the National Board has entered into an undertaking with the practitioner—\nif section 226 (1) applies, the fact that a condition has been imposed or an undertaking accepted; or\notherwise, details of the condition or undertaking;\nif the practitioner’s registration is suspended, the fact that the practitioner’s registration has been suspended and, if the suspension is for a specified period, the period during which the suspension applies;\nif the practitioner’s registration has been endorsed, details of the endorsement;\ndetails of any qualifications relied on by the practitioner to obtain registration or to have the practitioner’s registration endorsed;\nif the practitioner has advised the National Board the practitioner fluently speaks a language other than English, details of the other language spoken;\nany other information the National Board considers appropriate.\nsch s 225 amd 2022 No. 22 s 115\n_____\nsch ss 225A–225B ins 2025 No. 6 s 21 (uncommenced amendment)\n- (a) the practitioner’s sex;\n- (aa) any alternative name for the practitioner that has been notified to the National Board under section 131A , unless— (i) the alternative name is a prohibited name; and (ii) the National Board has decided under section 131A (2) (a) to refuse to record the name in a National Register or Specialists Register;\n- (i) the alternative name is a prohibited name; and\n- (ii) the National Board has decided under section 131A (2) (a) to refuse to record the name in a National Register or Specialists Register;\n- (b) the suburb and postcode of the practitioner’s principal place of practice;\n- (c) the registration number or code given to the practitioner by the National Board;\n- (d) the date on which the practitioner was first registered in the health profession in Australia, whether under this Law or a corresponding prior Act;\n- (e) the date on which the practitioner’s registration expires;\n- (f) the type of registration held by the practitioner;\n- (g) if the register includes divisions, the division in which the practitioner is registered;\n- (h) if the practitioner holds specialist registration, the recognised specialty in which the practitioner is registered;\n- (i) if the practitioner holds limited registration, the purpose for which the practitioner is registered;\n- (j) if the practitioner has been reprimanded, the fact that the practitioner has been reprimanded;\n- (k) if a condition has been imposed on the practitioner’s registration or the National Board has entered into an undertaking with the practitioner— (i) if section 226 (1) applies, the fact that a condition has been imposed or an undertaking accepted; or (ii) otherwise, details of the condition or undertaking;\n- (i) if section 226 (1) applies, the fact that a condition has been imposed 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 practitioner’s registration has been suspended and, if the suspension is for a specified period, the period during which the suspension applies;\n- (m) if the practitioner’s registration has been endorsed, details of the endorsement;\n- (n) details of any qualifications relied on by the practitioner to obtain registration or to have the practitioner’s registration endorsed;\n- (o) if the practitioner has advised the National Board the practitioner fluently speaks a language other than English, details of the other language spoken;\n- (p) any other information the National Board considers appropriate.\n- (i) the alternative name is a prohibited name; and\n- (ii) the National Board has decided under section 131A (2) (a) to refuse to record the name in a National Register or Specialists Register;\n- (i) if section 226 (1) applies, the fact that a condition has been imposed or an undertaking accepted; or\n- (ii) otherwise, details of the condition or undertaking;","sortOrder":418},{"sectionNumber":"sec.226","sectionType":"section","heading":"National Board may decide not to include or to remove certain information in register","content":"### sec.226 National Board may decide not to include or to remove certain information in register\n\nA National Board may decide that a condition imposed on a registered health practitioner’s registration, or the details of an undertaking accepted from a registered health practitioner, because the practitioner has an impairment is not to be recorded in a National Register or Specialists Register in which the practitioner’s name is included if—\nit is necessary to protect the practitioner’s privacy; and\nthere is no overriding public interest for the condition or the details of the undertaking to be recorded.\nA National Board may decide that information relating to a registered health practitioner is not to be recorded in a National Register or Specialists Register in which the practitioner’s name is included if—\nthe practitioner asks the Board not to include the information in the register; and\nthe Board reasonably believes the inclusion of the information in the register would present a serious risk to the health or safety of—\nthe practitioner; or\na member of the practitioner’s family or an associate of the practitioner.\nA National Board may decide to record information, which it previously excluded under subsection (2) , in a National Register or Specialists Register if the Board reasonably believes the circumstances on which the previous exclusion was based have changed.\nA National Board may decide to remove information that a registered health practitioner has been reprimanded from a National Register or Specialists Register in which the practitioner’s name is included if it considers it is no longer necessary or appropriate for the information to be recorded on the Register.\nIn this section—\nassociate , of a registered health practitioner, includes a friend, neighbour or colleague of the practitioner.\nfamily , of a registered health practitioner, includes—\npersons related to the practitioner by blood, marriage or adoption, for example, the practitioner’s spouse, children and parents; and\npersons in a de facto relationship with the practitioner; and\npersons connected to the practitioner through Aboriginal and Torres Strait Islander kinship ties.\nsch s 226 amd 2017 No. 32 s 47 ; 2022 No. 22 s 116\n(sec.226-ssec.1) A National Board may decide that a condition imposed on a registered health practitioner’s registration, or the details of an undertaking accepted from a registered health practitioner, because the practitioner has an impairment is not to be recorded in a National Register or Specialists Register in which the practitioner’s name is included if— it is necessary to protect the practitioner’s privacy; and there is no overriding public interest for the condition or the details of the undertaking to be recorded.\n(sec.226-ssec.2) A National Board may decide that information relating to a registered health practitioner is not to be recorded in a National Register or Specialists Register in which the practitioner’s name is included if— the practitioner asks the Board not to include the information in the register; and the Board reasonably believes the inclusion of the information in the register would present a serious risk to the health or safety of— the practitioner; or a member of the practitioner’s family or an associate of the practitioner.\n(sec.226-ssec.2A) A National Board may decide to record information, which it previously excluded under subsection (2) , in a National Register or Specialists Register if the Board reasonably believes the circumstances on which the previous exclusion was based have changed.\n(sec.226-ssec.3) A National Board may decide to remove information that a registered health practitioner has been reprimanded from a National Register or Specialists Register in which the practitioner’s name is included if it considers it is no longer necessary or appropriate for the information to be recorded on the Register.\n(sec.226-ssec.4) In this section— associate , of a registered health practitioner, includes a friend, neighbour or colleague of the practitioner. family , of a registered health practitioner, includes— persons related to the practitioner by blood, marriage or adoption, for example, the practitioner’s spouse, children and parents; and persons in a de facto relationship with the practitioner; and persons connected to the practitioner through Aboriginal and Torres Strait Islander kinship ties.\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 details of the undertaking to be recorded.\n- (a) the practitioner asks the Board not to include the information in the register; and\n- (b) the Board reasonably believes the inclusion of the information in the register would present a serious risk to the health or safety of— (i) the practitioner; or (ii) a member of the practitioner’s family or an associate of the practitioner.\n- (i) the practitioner; or\n- (ii) a member of the practitioner’s family or an associate of the practitioner.\n- (i) the practitioner; or\n- (ii) a member of the practitioner’s family or an associate of the practitioner.\n- (a) persons related to the practitioner by blood, marriage or adoption, for example, the practitioner’s spouse, children and parents; and\n- (b) persons in a de facto relationship with the practitioner; and\n- (c) persons connected to the practitioner through Aboriginal and Torres Strait Islander kinship ties.","sortOrder":419},{"sectionNumber":"sec.227","sectionType":"section","heading":"Register about former registered health practitioners","content":"### sec.227 Register about former registered health practitioners\n\nA register kept by a National Board under section 222 or 223 (b) must include the following—\nfor each health practitioner whose registration was cancelled by an adjudication body—\nthe fact the practitioner’s registration was cancelled by an adjudication body; and\nthe grounds on which the practitioner’s registration was cancelled; and\nif the adjudication body’s hearing was open to the public, details of the conduct that formed the basis of the adjudication;\nfor each person subject to a prohibition order, a copy of the order.\nsch s 227 sub 2017 No. 32 s 48\n- (a) for each health practitioner whose registration was cancelled by an adjudication body— (i) the fact the practitioner’s registration was cancelled by an adjudication body; and (ii) the grounds on which the practitioner’s registration was cancelled; and (iii) if the adjudication body’s hearing was open to the public, details of the conduct that formed the basis of the adjudication;\n- (i) the fact the practitioner’s registration was cancelled by an adjudication body; and\n- (ii) the grounds on which the practitioner’s registration was cancelled; and\n- (iii) if the adjudication body’s hearing was open to the public, details of the conduct that formed the basis of the adjudication;\n- (i) the fact the practitioner’s registration was cancelled by an adjudication body; and\n- (ii) the grounds on which the practitioner’s registration was cancelled; and\n- (iii) if the adjudication body’s hearing was open to the public, details of the conduct that formed the basis of the adjudication;\n- (b) for each person subject to a prohibition order, a copy of the order.","sortOrder":420},{"sectionNumber":"sec.228","sectionType":"section","heading":"Inspection of registers","content":"### sec.228 Inspection of registers\n\nThe National Agency—\nmust keep each register kept by a National Board under this Division open for inspection, free of charge, by members of the public—\nat its national office and each of its local offices during ordinary office hours; and\non the Agency’s website; and\nmust give a person an extract from the register on payment of the relevant fee; and\nmay give a person a copy of the register on payment of the relevant fee.\nThe National Agency may give a person a copy of the register under subsection (1) (c) only if the Agency is satisfied it would be in the public interest to do so.\nThe National Agency may waive, wholly or partly, the payment of a fee by a person under subsection (1) (b) or (c) if the Agency considers it appropriate in the circumstances.\n(sec.228-ssec.1) The National Agency— must keep each register kept by a National Board under this Division open for inspection, free of charge, by members of the public— at its national office and each of its local offices during ordinary office hours; and on the Agency’s website; and must give a person an extract from the register on payment of the relevant fee; and may give a person a copy of the register on payment of the relevant fee.\n(sec.228-ssec.2) The National Agency may give a person a copy of the register under subsection (1) (c) only if the Agency is satisfied it would be in the public interest to do so.\n(sec.228-ssec.3) The National Agency may waive, wholly or partly, the payment of a fee by a person under subsection (1) (b) or (c) if the Agency considers it appropriate in the circumstances.\n- (a) must keep each register kept by a National Board under this Division open for inspection, free of charge, by members of the public— (i) at its national office and each of its local offices during ordinary office hours; and (ii) on the Agency’s website; and\n- (i) at its national office and each of its local offices during ordinary 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 the relevant fee; and\n- (c) may give a person a copy of the register on payment of the relevant fee.\n- (i) at its national office and each of its local offices during ordinary office hours; and\n- (ii) on the Agency’s website; and","sortOrder":421},{"sectionNumber":"sch-inc-pt.10-div.4","sectionType":"division","heading":"Student registers","content":"## Student registers","sortOrder":422},{"sectionNumber":"sec.229","sectionType":"section","heading":"Student registers","content":"### sec.229 Student registers\n\nEach National Board must, in conjunction with the National Agency, keep a student register that includes the name of all persons currently registered as students by the Board.\nA student register is not to be open to inspection by the public.\n(sec.229-ssec.1) Each National Board must, in conjunction with the National Agency, keep a student register that includes the name of all persons currently registered as students by the Board.\n(sec.229-ssec.2) A student register is not to be open to inspection by the public.","sortOrder":423},{"sectionNumber":"sec.230","sectionType":"section","heading":"Information to be recorded in student register","content":"### sec.230 Information to be recorded in student register\n\nSubject to this Division, a student register kept by a National Board must be kept in the way the National Agency considers appropriate.\nA student register kept by a National Board must include the following information for each student whose name is included in the register—\nthe student’s name;\nthe student’s date of birth;\nthe student’s sex;\nthe student’s mailing address and any other contact details;\nthe name of the education provider that is providing the approved program of study being undertaken by the student;\nthe date on which the student was first registered, whether under this law or a corresponding prior Act;\nthe date on which the student started the approved program of study;\nthe date on which the student is expected to complete the approved program of study;\nif the student has completed or otherwise ceased to be enrolled in the approved program of study, the date of the completion or cessation;\nif a condition has been imposed on the student’s registration, details of the condition;\nif the Board accepts an undertaking from the student, details of the undertaking;\nany other information the Board considers appropriate.\n(sec.230-ssec.1) Subject to this Division, a student register kept by a National Board must be kept in the way the National Agency considers appropriate.\n(sec.230-ssec.2) A student register kept by a National Board must include the following information for each student whose name is included in the register— the student’s name; the student’s date of birth; the student’s sex; the student’s mailing address and any other contact details; the name of the education provider that is providing the approved program of study being undertaken by the student; the date on which the student was first registered, whether under this law or a corresponding prior Act; the date on which the student started the approved program of study; the date on which the student is expected to complete the approved program of study; if the student has completed or otherwise ceased to be enrolled in the approved program of study, the date of the completion or cessation; if a condition has been imposed on the student’s registration, details of the condition; if the Board accepts an undertaking from the student, details of the undertaking; any other information the Board considers appropriate.\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 approved program of study being undertaken by the student;\n- (f) the date on which the student was first registered, whether under this law or a corresponding prior Act;\n- (g) the date on which the student started the approved program of study;\n- (h) the date on which the student is expected to complete the approved program of study;\n- (i) if the student has completed or otherwise ceased to be enrolled in the approved program of study, the date of the completion or cessation;\n- (j) if a condition has been imposed on the student’s registration, details of the condition;\n- (k) if the Board accepts an undertaking from the student, details of the undertaking;\n- (l) any other information the Board considers appropriate.","sortOrder":424},{"sectionNumber":"sch-inc-pt.10-div.5","sectionType":"division","heading":"Other records","content":"## Other records","sortOrder":425},{"sectionNumber":"sec.231","sectionType":"section","heading":"Other records to be kept by National Boards","content":"### sec.231 Other records to be kept by National Boards\n\nA National Board must keep a record of the following information for each health practitioner it registers—\ninformation that identifies the practitioner;\nthe practitioner’s contact details;\ninformation about the practitioner’s registration or endorsement;\ninformation about any previous registration of the practitioner, whether in Australia or overseas;\ninformation about any notification made about the practitioner and any investigation and health, conduct or performance action taken as a result of the notification;\ninformation about the practitioner’s professional indemnity insurance arrangements;\ninformation about checks carried out by the Board about the practitioner’s criminal history and identity, including the nature of the check carried out, when it was carried out and the nature of the information provided by the check.\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, whether in Australia or overseas;\n- (e) information about any notification made about the practitioner and any investigation and health, conduct or performance action taken as a result of the notification;\n- (f) information about the practitioner’s professional indemnity insurance arrangements;\n- (g) information about checks carried out by the Board about the practitioner’s criminal history and identity, including the nature of the check carried out, when it was carried out and the nature of the information provided by the check.","sortOrder":426},{"sectionNumber":"sec.232","sectionType":"section","heading":"Record of adjudication decisions to be kept and made publicly available","content":"### sec.232 Record of adjudication decisions to be kept and made publicly available\n\nA National Board is to keep and publish on its website a record of decisions made by—\npanels established by the Board; and\nresponsible tribunals that relate to registered health practitioners or students registered in a health profession for which the Board is established.\nThe record is to be kept—\nin a way that does not identify persons involved in the matter, unless the decision was made by a responsible tribunal and the hearing was open to the public; and\notherwise in the way decided by the National Board.\nsch s 232 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.232-ssec.1) A National Board is to keep and publish on its website a record of decisions made by— panels established by the Board; and responsible tribunals that relate to registered health practitioners or students registered in a health profession for which the Board is established.\n(sec.232-ssec.2) The record is to be kept— in a way that does not identify persons involved in the matter, unless the decision was made by a responsible tribunal and the hearing was open to the public; and otherwise in the way decided by the National Board.\n- (a) panels established by the Board; and\n- (b) responsible tribunals that relate to registered health practitioners or students registered in a health profession for which the Board is established.\n- (a) in a way that does not identify persons involved in the matter, unless the decision was made by a responsible tribunal and the hearing was open to the public; and\n- (b) otherwise in the way decided by the National Board.","sortOrder":427},{"sectionNumber":"sch-inc-pt.10-div.6","sectionType":"division","heading":"Unique identifier","content":"## Unique identifier","sortOrder":428},{"sectionNumber":"sec.233","sectionType":"section","heading":"Unique identifier to be given to each registered health practitioner","content":"### sec.233 Unique identifier to be given to each registered health practitioner\n\nThis section applies if—\na National Board registers a person in a health profession for which the Board is established; and\nthe person has not previously been registered by that Board or any other National Board.\nThe National Board must, at the time of registering the person, give the person an identifying number or code (a unique identifier ) that is unique to the person.\nThe National Board must keep a record of the unique identifier given to the person.\nIf the person is subsequently registered by the National Board or another Board the person is to continue to be identified by the unique identifier given to the person under subsection (2) .\nsch s 233 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n(sec.233-ssec.1) This section applies if— a National Board registers a person in a health profession for which the Board is established; and the person has not previously been registered by that Board or any other National Board.\n(sec.233-ssec.2) The National Board must, at the time of registering the person, give the person an identifying number or code (a unique identifier ) that is unique to the person.\n(sec.233-ssec.3) The National Board must keep a record of the unique identifier given to the person.\n(sec.233-ssec.4) If the person is subsequently registered by the National Board or another Board the person is to continue to be identified by the unique identifier given to the person under subsection (2) .\n- (a) a National Board registers a person in a health profession for which the Board is established; and\n- (b) the person has not previously been registered by that Board or any other National Board.","sortOrder":429},{"sectionNumber":"sch-inc-pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":430},{"sectionNumber":"sch-inc-pt.11-div.1","sectionType":"division","heading":"Provisions relating to persons exercising functions under Law","content":"## Provisions relating to persons exercising functions under Law","sortOrder":431},{"sectionNumber":"sec.234","sectionType":"section","heading":"General duties of persons exercising functions under this Law","content":"### sec.234 General duties of persons exercising functions under this Law\n\nA person exercising functions under this Law must, when exercising the functions, act honestly and with integrity.\nA person exercising functions under this Law must exercise the person’s functions under this Law—\nin good faith; and\nin a financially responsible manner; and\nwith a reasonable degree of care, diligence and skill.\nA person exercising functions under this Law must not make improper use of the person’s position or of information that comes to the person’s knowledge in the course of, or because of, the person’s exercise of the functions—\nto gain an advantage for himself or herself or another person; or\nto cause a detriment to the development, implementation or operation of the national registration and accreditation scheme.\n(sec.234-ssec.1) A person exercising functions under this Law must, when exercising the functions, act honestly and with integrity.\n(sec.234-ssec.2) A person exercising functions under this Law must exercise the person’s functions under this Law— in good faith; and in a financially responsible manner; and with a reasonable degree of care, diligence and skill.\n(sec.234-ssec.3) A person exercising functions under this Law must not make improper use of the person’s position or of information that comes to the person’s knowledge in the course of, or because of, the person’s exercise of the functions— to gain an advantage for himself or herself or another person; or to cause a detriment to the development, implementation or operation of the national registration and accreditation scheme.\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- (a) to gain an advantage for himself or herself or another person; or\n- (b) to cause a detriment to the development, implementation or operation of the national registration and accreditation scheme.","sortOrder":432},{"sectionNumber":"sec.235","sectionType":"section","heading":"Application of Commonwealth Ombudsman Act","content":"### sec.235 Application of Commonwealth Ombudsman Act\n\nThe Ombudsman Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\nFor the purposes of subsection (1) , the Ombudsman Act applies—\nas if a reference to the Commonwealth Ombudsman were a reference to the National Health Practitioner Ombudsman; and\nwith any other modifications made by the regulations.\nWithout limiting subsection (2) , the regulations may—\nprovide that the Ombudsman Act applies under subsection (1) as if a provision of the Ombudsman Act specified in the regulations were omitted; or\nprovide that the Ombudsman Act applies under subsection (1) as if an amendment to the Ombudsman Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\nconfer jurisdiction on a tribunal or court of a participating jurisdiction.\nIn this section—\nOmbudsman Act means the Ombudsman Act 1976 of the Commonwealth, as in force from time to time.\nsch s 235 amd 2017 No. 32 s 49\n(sec.235-ssec.1) The Ombudsman Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\n(sec.235-ssec.2) For the purposes of subsection (1) , the Ombudsman Act applies— as if a reference to the Commonwealth Ombudsman were a reference to the National Health Practitioner Ombudsman; and with any other modifications made by the regulations.\n(sec.235-ssec.3) Without limiting subsection (2) , the regulations may— provide that the Ombudsman Act applies under subsection (1) as if a provision of the Ombudsman Act specified in the regulations were omitted; or provide that the Ombudsman Act applies under subsection (1) as if an amendment to the Ombudsman Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or confer jurisdiction on a tribunal or court of a participating jurisdiction.\n(sec.235-ssec.4) In this section— Ombudsman Act means the Ombudsman Act 1976 of the Commonwealth, as in force from time to time.\n- (a) as if a reference to the Commonwealth Ombudsman were a reference to the National Health Practitioner Ombudsman; and\n- (b) with any other modifications made by the regulations.\n- (a) provide that the Ombudsman Act applies under subsection (1) as if a provision of the Ombudsman Act specified in the regulations were omitted; or\n- (b) provide that the Ombudsman Act applies under subsection (1) as if an amendment to the Ombudsman Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\n- (c) confer jurisdiction on a tribunal or court of a participating jurisdiction.","sortOrder":433},{"sectionNumber":"sec.236","sectionType":"section","heading":"Protection from personal liability for persons exercising functions","content":"### sec.236 Protection from personal liability for persons exercising functions\n\nA protected person is not personally liable for anything done or omitted to be done in good faith—\nin the exercise of a function under this Law; or\nin the reasonable belief that the act or omission was the exercise of a function under this Law.\nAny liability resulting from an act or omission that would, but for subsection (1) , attach to a protected person attaches instead to the National Agency.\nIn this section—\nprotected person means any of the following—\na member of the Agency Board;\na member of a National Board or a committee of the National Board;\na member of an external accreditation entity;\na member of the staff of the National Agency;\na consultant or contractor engaged by the National Agency;\na person appointed by the National Agency to conduct an examination or assessment for a National Board;\na person employed or engaged by an external accreditation entity to assist it with its accreditation function.\nsch s 236 amd 2022 No. 22 ss 40, 48\n(sec.236-ssec.1) A protected person is not personally liable for anything done or omitted to be done in good faith— in the exercise of a function under this Law; or in the reasonable belief that the act or omission was the exercise of a function under this Law.\n(sec.236-ssec.2) Any liability resulting from an act or omission that would, but for subsection (1) , attach to a protected person attaches instead to the National Agency.\n(sec.236-ssec.3) In this section— protected person means any of the following— a member of the Agency Board; a member of a National Board or a committee of the National Board; a member of an external accreditation entity; a member of the staff of the National Agency; a consultant or contractor engaged by the National Agency; a person appointed by the National Agency to conduct an examination or assessment for a National Board; a person employed or engaged by an external accreditation entity to assist it with its accreditation function.\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 of a function under this Law.\n- (b) a member of the Agency Board;\n- (c) a member of a National Board or a committee of the National Board;\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 examination or assessment for a National Board;\n- (h) a person employed or engaged by an external accreditation entity to assist it with its accreditation function.","sortOrder":434},{"sectionNumber":"sec.237","sectionType":"section","heading":"Protection from liability for persons making notification or otherwise providing information","content":"### sec.237 Protection from liability for persons making notification or otherwise providing information\n\nThis section applies to a person who, in good faith—\nmakes a notification under this Law; or\ngives information in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nWithout limiting subsection (2) —\nthe making of the notification or giving of the information does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct; and\nno liability for defamation is incurred by the person because of the making of the notification or giving of the information.\nThe protection given to the person by this section extends to—\na person who, in good faith, provided the person with any information on the basis of which the notification was made or the information was given; and\na person who, in good faith, was otherwise concerned in the making of the notification or giving of the information.\n(sec.237-ssec.1) This section applies to a person who, in good faith— makes a notification under this Law; or gives information in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\n(sec.237-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.237-ssec.3) Without limiting subsection (2) — the making of the notification or giving of the information does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct; and no liability for defamation is incurred by the person because of the making of the notification or giving of the information.\n(sec.237-ssec.4) The protection given to the person by this section extends to— a person who, in good faith, provided the person with any information on the basis of which the notification was made or the information was given; and a person who, in good faith, was otherwise concerned in the making of the notification or giving of the information.\n- (a) makes a notification under this Law; or\n- (b) gives information in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\n- (a) the making of the notification or giving of the information does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct; and\n- (b) no liability for defamation is incurred by the person because of the making of the notification or giving of the information.\n- (a) a person who, in good faith, provided the person with any information on the basis of which the notification was made or the information was given; and\n- (b) a person who, in good faith, was otherwise concerned in the making of the notification or giving of the information.","sortOrder":435},{"sectionNumber":"sec.237A","sectionType":"section","heading":"Protection from reprisals for persons making notifications or otherwise providing information, documents or assistance","content":"### sec.237A Protection from reprisals for persons making notifications or otherwise providing information, documents or assistance\n\nA person must not—\nuse threats or intimidation to attempt to persuade another person not to take protected action; or\ndismiss, or refuse to employ, another person because, or in the belief that, the other person has taken, or intends to take, protected action; or\nsubject another person to other detriment or reprisal because, or in the belief that, the other person has taken, or intends to take, protected action.\nMaximum penalty—\nfor an individual—$60,000; or\nfor a body corporate—$120,000.\nIn this section—\nprotected action means—\nmaking a notification, in good faith, under this Law; or\ngiving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\nsch s 237A ins 2025 No. 6 s 22\n(sec.237A-ssec.1) A person must not— use threats or intimidation to attempt to persuade another person not to take protected action; or dismiss, or refuse to employ, another person because, or in the belief that, the other person has taken, or intends to take, protected action; or subject another person to other detriment or reprisal because, or in the belief that, the other person has taken, or intends to take, protected action. Maximum penalty— for an individual—$60,000; or for a body corporate—$120,000.\n(sec.237A-ssec.2) In this section— protected action means— making a notification, in good faith, under this Law; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\n- (a) use threats or intimidation to attempt to persuade another person not to take protected action; or\n- (b) dismiss, or refuse to employ, another person because, or in the belief that, the other person has taken, or intends to take, protected action; or\n- (c) subject another person to other detriment or reprisal because, or in the belief that, the other person has taken, or intends to take, protected action.\n- (a) for an individual—$60,000; or\n- (b) for a body corporate—$120,000.\n- (a) making a notification, in good faith, under this Law; or\n- (b) giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.","sortOrder":436},{"sectionNumber":"sec.237B","sectionType":"section","heading":"Non-disclosure agreements","content":"### sec.237B Non-disclosure agreements\n\nA provision of a non-disclosure agreement is void to the extent it prevents or limits a person from—\nmaking a notification, in good faith, under this Law; or\ngiving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\nA relevant person must not enter into a non-disclosure agreement unless the agreement sets out, clearly and in writing, that the agreement does not limit a person from—\nmaking a notification, in good faith, under this Law; or\ngiving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\nMaximum penalty—\nfor an individual—$5,000; or\nfor a body corporate—$10,000.\nIn this section—\nnon-disclosure agreement means a contract or other agreement that prohibits or restricts the disclosure of information or documents by a person in relation to the health, conduct or performance of a registered health practitioner or former registered health practitioner.\nrelevant person means the following—\nan employer or former employer of a registered health practitioner or a person who was registered under this Law;\na health service provider whose services are provided by registered health practitioners;\na registered health practitioner.\nsch s 237B ins 2025 No. 6 s 22\n(sec.237B-ssec.1) A provision of a non-disclosure agreement is void to the extent it prevents or limits a person from— making a notification, in good faith, under this Law; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\n(sec.237B-ssec.2) A relevant person must not enter into a non-disclosure agreement unless the agreement sets out, clearly and in writing, that the agreement does not limit a person from— making a notification, in good faith, under this Law; or giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law. Maximum penalty— for an individual—$5,000; or for a body corporate—$10,000.\n(sec.237B-ssec.3) In this section— non-disclosure agreement means a contract or other agreement that prohibits or restricts the disclosure of information or documents by a person in relation to the health, conduct or performance of a registered health practitioner or former registered health practitioner. relevant person means the following— an employer or former employer of a registered health practitioner or a person who was registered under this Law; a health service provider whose services are provided by registered health practitioners; a registered health practitioner.\n- (a) making a notification, in good faith, under this Law; or\n- (b) giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\n- (a) making a notification, in good faith, under this Law; or\n- (b) giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\n- (a) for an individual—$5,000; or\n- (b) for a body corporate—$10,000.\n- (a) an employer or former employer of a registered health practitioner or a person who was registered under this Law;\n- (b) a health service provider whose services are provided by registered health practitioners;\n- (c) a registered health practitioner.","sortOrder":437},{"sectionNumber":"sch-inc-pt.11-div.2","sectionType":"division","heading":"Inspectors","content":"## Inspectors","sortOrder":438},{"sectionNumber":"sec.238","sectionType":"section","heading":"Functions and powers of inspectors","content":"### sec.238 Functions and powers of inspectors\n\nAn inspector has the function of conducting investigations to enforce compliance with this Law.\nSchedule 6 sets out provisions relating to the powers of an inspector.\n(sec.238-ssec.1) An inspector has the function of conducting investigations to enforce compliance with this Law.\n(sec.238-ssec.2) Schedule 6 sets out provisions relating to the powers of an inspector.","sortOrder":439},{"sectionNumber":"sec.239","sectionType":"section","heading":"Appointment of inspectors","content":"### sec.239 Appointment of inspectors\n\nA National Board may appoint the following persons as inspectors—\nmembers of the National Agency’s staff;\ncontractors engaged by the National Agency.\nAn inspector holds office on the conditions stated in the instrument of appointment.\nIf an inspector’s appointment provides for a term of appointment, the inspector ceases holding office at the end of the term.\nAn inspector may resign by signed notice of resignation given to the National Board that appointed the inspector.\n(sec.239-ssec.1) A National Board may appoint the following persons as inspectors— members of the National Agency’s staff; contractors engaged by the National Agency.\n(sec.239-ssec.2) An inspector holds office on the conditions stated in the instrument of appointment.\n(sec.239-ssec.3) If an inspector’s appointment provides for a term of appointment, the inspector ceases holding office at the end of the term.\n(sec.239-ssec.4) An inspector may resign by signed notice of resignation given to the National Board that appointed the inspector.\n- (a) members of the National Agency’s staff;\n- (b) contractors engaged by the National Agency.","sortOrder":440},{"sectionNumber":"sec.240","sectionType":"section","heading":"Identity card","content":"### sec.240 Identity card\n\nA National Board must give an identity card to each inspector it appoints.\nThe identity card must—\ncontain a recent photograph of the inspector; and\nbe signed by the inspector; and\nidentify the person as an inspector appointed by the National Board; and\ninclude an expiry date.\nThis section does not prevent the issue of a single identity card to a person—\nif the person is appointed as an inspector for this Law by more than one National Board; or\nif the person is appointed as an inspector and investigator for this Law by a National Board; or\nfor this Law and other Acts.\nA person who ceases to be an inspector must give the person’s identity card to the National Board that appointed the person within 7 days after the person ceases to be an inspector, unless the person has a reasonable excuse.\n(sec.240-ssec.1) A National Board must give an identity card to each inspector it appoints.\n(sec.240-ssec.2) The identity card must— contain a recent photograph of the inspector; and be signed by the inspector; and identify the person as an inspector appointed by the National Board; and include an expiry date.\n(sec.240-ssec.3) This section does not prevent the issue of a single identity card to a person— if the person is appointed as an inspector for this Law by more than one National Board; or if the person is appointed as an inspector and investigator for this Law by a National Board; or for this Law and other Acts.\n(sec.240-ssec.4) A person who ceases to be an inspector must give the person’s identity card to the National Board that appointed the person within 7 days after the person ceases to be an inspector, unless the person has a reasonable excuse.\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 Board; and\n- (d) include an expiry date.\n- (a) if the person is appointed as an inspector for this Law by more than one National Board; or\n- (b) if the person is appointed as an inspector and investigator for this Law by a National Board; or\n- (c) for this Law and other Acts.","sortOrder":441},{"sectionNumber":"sec.241","sectionType":"section","heading":"Display of identity card","content":"### sec.241 Display of identity card\n\nAn inspector may exercise a power in relation to someone else (the other person ) only if the inspector—\nfirst produces the inspector’s identity card for the other person’s inspection; or\nhas the identity card displayed so it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.241-ssec.1) An inspector may exercise a power in relation to someone else (the other person ) only if the inspector— first produces the inspector’s identity card for the other person’s inspection; or has the identity card displayed so it is clearly visible to the other person.\n(sec.241-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) first produces the inspector’s identity card for the other person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the other person.","sortOrder":442},{"sectionNumber":"sch-inc-pt.11-div.3","sectionType":"division","heading":"Legal proceedings","content":"## Legal proceedings","sortOrder":443},{"sectionNumber":"sec.241A","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.241A Proceedings for indictable offences\n\nAn offence against any of the following provisions is an indictable offence—\nDivision 10 of Part 7 ;\nsection 159O (1) ;\nsection 196A (1) .\nA proceeding for an indictable offence may be taken—\nby way of a summary proceeding before a court of summary jurisdiction; or\non indictment.\nSubsection (2) applies subject to another law of the participating jurisdiction in which the proceeding is started.\nsch s 241A ins 2019 No. 3 s 21\namd 2022 No. 22 s 98\n(sec.241A-ssec.1) An offence against any of the following provisions is an indictable offence— Division 10 of Part 7 ; section 159O (1) ; section 196A (1) .\n(sec.241A-ssec.2) A proceeding for an indictable offence may be taken— by way of a summary proceeding before a court of summary jurisdiction; or on indictment.\n(sec.241A-ssec.3) Subsection (2) applies subject to another law of the participating jurisdiction in which the proceeding is started.\n- (a) Division 10 of Part 7 ;\n- (b) section 159O (1) ;\n- (c) section 196A (1) .\n- (a) by way of a summary proceeding before a court of summary jurisdiction; or\n- (b) on indictment.","sortOrder":444},{"sectionNumber":"sec.242","sectionType":"section","heading":"Proceedings for other offences","content":"### sec.242 Proceedings for other offences\n\nA proceeding for an offence against this Law, other than an offence mentioned in section 241A (1) , is to be by way of a summary proceeding before a court of summary jurisdiction.\nsch s 242 amd 2019 No. 3 s 22","sortOrder":445},{"sectionNumber":"sec.243","sectionType":"section","heading":"Conduct may constitute offence and be subject of disciplinary proceedings","content":"### sec.243 Conduct may constitute offence and be subject of disciplinary proceedings\n\nIf a person’s behaviour constitutes an offence against this Law or another Act and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Law—\nthe fact that proceedings for an offence have been taken in relation to the behaviour does not prevent proceedings being taken before an adjudication body under this Law for the same behaviour; and\nthe fact that proceedings have been taken before an adjudication body under this Law in relation to the conduct does not prevent proceedings for an offence being taken for the same behaviour.\nIf a person’s behaviour may be dealt with by a health complaints entity under the law of a participating jurisdiction and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Law—\nthe fact that the behaviour has been dealt with by the health complaints entity does not prevent proceedings being taken before an adjudication body under this Law for the same behaviour; and\nthe fact that proceedings have been taken before an adjudication body under this Law in relation to the behaviour does not prevent action being taken by the health complaints entity under the law of the participating jurisdiction for the same behaviour.\n(sec.243-ssec.1) If a person’s behaviour constitutes an offence against this Law or another Act and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Law— the fact that proceedings for an offence have been taken in relation to the behaviour does not prevent proceedings being taken before an adjudication body under this Law for the same behaviour; and the fact that proceedings have been taken before an adjudication body under this Law in relation to the conduct does not prevent proceedings for an offence being taken for the same behaviour.\n(sec.243-ssec.2) If a person’s behaviour may be dealt with by a health complaints entity under the law of a participating jurisdiction and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Law— the fact that the behaviour has been dealt with by the health complaints entity does not prevent proceedings being taken before an adjudication body under this Law for the same behaviour; and the fact that proceedings have been taken before an adjudication body under this Law in relation to the behaviour does not prevent action being taken by the health complaints entity under the law of the participating jurisdiction for the same behaviour.\n- (a) the fact that proceedings for an offence have been taken in relation to the behaviour does not prevent proceedings being taken before an adjudication body under this Law for the same behaviour; and\n- (b) the fact that proceedings have been taken before an adjudication body under this Law in relation to the conduct does not prevent proceedings for an offence being taken for the same behaviour.\n- (a) the fact that the behaviour has been dealt with by the health complaints entity does not prevent proceedings being taken before an adjudication body under this Law for the same behaviour; and\n- (b) the fact that proceedings have been taken before an adjudication body under this Law in relation to the behaviour does not prevent action being taken by the health complaints entity under the law of the participating jurisdiction for the same behaviour.","sortOrder":446},{"sectionNumber":"sec.244","sectionType":"section","heading":"Evidentiary certificates","content":"### sec.244 Evidentiary certificates\n\nA certificate purporting to be signed by the chief executive officer of the National Agency and stating any of the following matters is prima facie evidence of the matter—\na stated document is one of the following things made, given, issued or kept under this Law—\nan appointment, approval or decision;\na notice, direction or requirement;\na certificate of registration;\na register, or an extract from a register;\na record, or an extract from a record;\na stated document is another document kept under this Law;\na stated document is a copy of a document mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, a stated person was or was not a registered health practitioner or a student;\non a stated day, or during a stated period, a registration or endorsement was or was not subject to a stated condition;\non a stated day, a registration was suspended or cancelled;\non a stated day, or during a stated period, an appointment as an investigator or inspector was, or was not, in force for a stated person;\non a stated day, a stated person was given a stated notice or direction under this Law;\non a stated day, a stated requirement was made of a stated person.\n- (a) a stated document is one of the following things made, given, issued or kept under this Law— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a certificate of registration; (iv) a register, or an extract from a register; (v) a record, or an extract from a record;\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- (c) a stated document is a copy of a document mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, a stated person was or was not a registered health practitioner or a student;\n- (e) on a stated day, or during a stated period, a registration or endorsement 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 investigator or inspector was, or was not, in force for a stated person;\n- (h) on a stated day, a stated person was given a stated notice or direction under this Law;\n- (i) on a stated day, a stated requirement was made of a stated person.\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;","sortOrder":447},{"sectionNumber":"sch-inc-pt.11-div.4","sectionType":"division","heading":"Regulations","content":"## Regulations","sortOrder":448},{"sectionNumber":"sec.245","sectionType":"section","heading":"National regulations","content":"### sec.245 National regulations\n\nThe Ministerial Council may make regulations for the purposes of this Law.\nThe regulations may provide for any matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law.\nThe regulations are to be published by the Victorian Government Printer in accordance with the arrangements for the publication of the making of regulations in Victoria.\nA regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).\nIn this section—\nVictorian Government Printer means the person appointed to be the Government Printer for Victoria under section 72 of the Constitution Act 1975 of Victoria.\n(sec.245-ssec.1) The Ministerial Council may make regulations for the purposes of this Law.\n(sec.245-ssec.2) The regulations may provide for any matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law.\n(sec.245-ssec.3) The regulations are to be published by the Victorian Government Printer in accordance with the arrangements for the publication of the making of regulations in Victoria.\n(sec.245-ssec.4) A regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).\n(sec.245-ssec.5) In this section— Victorian Government Printer means the person appointed to be the Government Printer for Victoria under section 72 of the Constitution Act 1975 of Victoria.","sortOrder":449},{"sectionNumber":"sec.246","sectionType":"section","heading":"Parliamentary scrutiny of national regulations","content":"### sec.246 Parliamentary scrutiny of national regulations\n\nA regulation made under this Law must be tabled in, or notice of its making given to, the Parliament of each participating jurisdiction—\nif a regulation made under an Act of that jurisdiction must be tabled in the Parliament of that jurisdiction—in the same way a regulation must be tabled in that jurisdiction; or\nif notice of the making of a regulation made under an Act of that jurisdiction must be given to the Parliament of that jurisdiction—in the same way notice must be given in that jurisdiction.\nHowever, failure to comply with subsection (1) does not affect the validity of the regulation.\nThe regulation may be disallowed in a participating jurisdiction by a House of the Parliament of that jurisdiction in the same way that a regulation made under an Act of that jurisdiction may be disallowed.\nHowever, subsection (1D) applies if—\na regulation is not tabled in accordance with the law of a participating jurisdiction; and\nunder the law of that jurisdiction a regulation may be disallowed only after its tabling.\nThe regulation is taken to be have been tabled in the Parliament of that jurisdiction on the first sitting day after the regulation was required to be tabled under the law of the jurisdiction.\nA regulation disallowed under subsection (1) does not cease to have effect in the participating jurisdiction, or any other participating jurisdiction, unless the regulation is disallowed in a majority of the participating jurisdictions.\nIf a regulation is disallowed in a majority of the participating jurisdictions, it ceases to have effect in all participating jurisdictions on the date of its disallowance in the last of the jurisdictions forming the majority.\nIn this section—\nregulation includes a provision of a regulation.\nsch s 246 amd 2017 No. 32 s 50\n(sec.246-ssec.1) A regulation made under this Law must be tabled in, or notice of its making given to, the Parliament of each participating jurisdiction— if a regulation made under an Act of that jurisdiction must be tabled in the Parliament of that jurisdiction—in the same way a regulation must be tabled in that jurisdiction; or if notice of the making of a regulation made under an Act of that jurisdiction must be given to the Parliament of that jurisdiction—in the same way notice must be given in that jurisdiction.\n(sec.246-ssec.1A) However, failure to comply with subsection (1) does not affect the validity of the regulation.\n(sec.246-ssec.1B) The regulation may be disallowed in a participating jurisdiction by a House of the Parliament of that jurisdiction in the same way that a regulation made under an Act of that jurisdiction may be disallowed.\n(sec.246-ssec.1C) However, subsection (1D) applies if— a regulation is not tabled in accordance with the law of a participating jurisdiction; and under the law of that jurisdiction a regulation may be disallowed only after its tabling.\n(sec.246-ssec.1D) The regulation is taken to be have been tabled in the Parliament of that jurisdiction on the first sitting day after the regulation was required to be tabled under the law of the jurisdiction.\n(sec.246-ssec.2) A regulation disallowed under subsection (1) does not cease to have effect in the participating jurisdiction, or any other participating jurisdiction, unless the regulation is disallowed in a majority of the participating jurisdictions.\n(sec.246-ssec.3) If a regulation is disallowed in a majority of the participating jurisdictions, it ceases to have effect in all participating jurisdictions on the date of its disallowance in the last of the jurisdictions forming the majority.\n(sec.246-ssec.4) In this section— regulation includes a provision of a regulation.\n- (a) if a regulation made under an Act of that jurisdiction must be tabled in the Parliament of that jurisdiction—in the same way a regulation must be tabled in that jurisdiction; or\n- (b) if notice of the making of a regulation made under an Act of that jurisdiction must be given to the Parliament of that jurisdiction—in the same way notice must be given in that jurisdiction.\n- (a) a regulation is not tabled in accordance with the law of a participating jurisdiction; and\n- (b) under the law of that jurisdiction a regulation may be disallowed only after its tabling.","sortOrder":450},{"sectionNumber":"sec.247","sectionType":"section","heading":"Effect of disallowance of national regulation","content":"### sec.247 Effect of disallowance of national regulation\n\nThe disallowance of a regulation in a majority of jurisdictions has the same effect as a repeal of the regulation.\nIf a regulation ceases to have effect under section 246 any law or provision of a law repealed or amended by the regulation is revived as if the disallowed regulation had not been made.\nThe restoration or revival of a law under subsection (2) takes effect at the beginning of the day on which the disallowed regulation by which it was amended or repealed ceases to have effect.\nIn this section—\nregulation includes a provision of a regulation.\n(sec.247-ssec.1) The disallowance of a regulation in a majority of jurisdictions has the same effect as a repeal of the regulation.\n(sec.247-ssec.2) If a regulation ceases to have effect under section 246 any law or provision of a law repealed or amended by the regulation is revived as if the disallowed regulation had not been made.\n(sec.247-ssec.3) The restoration or revival of a law under subsection (2) takes effect at the beginning of the day on which the disallowed regulation by which it was amended or repealed ceases to have effect.\n(sec.247-ssec.4) In this section— regulation includes a provision of a regulation.","sortOrder":451},{"sectionNumber":"sch-inc-pt.11-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":452},{"sectionNumber":"sec.248","sectionType":"section","heading":"Combined notice may be given","content":"### sec.248 Combined notice may be given\n\nIf an entity is required under this Law to give another entity (the recipient ) notices under more than one provision, the entity may give the recipient a combined notice for the provisions.","sortOrder":453},{"sectionNumber":"sec.249","sectionType":"section","heading":"Fees","content":"### sec.249 Fees\n\nThe National Agency may, in accordance with a health profession agreement entered into with a National Board—\nrefund a relevant fee paid into the Board’s account kept in the Agency Fund; or\nwaive, in whole or in part, a relevant fee payable for a service provided by the Board; or\nrequire a person who pays a relevant fee late to pay an additional fee.\n- (a) refund a relevant fee paid into the Board’s account kept in the Agency Fund; or\n- (b) waive, in whole or in part, a relevant fee payable for a service provided by the Board; or\n- (c) require a person who pays a relevant fee late to pay an additional fee.","sortOrder":454},{"sectionNumber":"sch-inc-pt.12","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":455},{"sectionNumber":"sch-inc-pt.12-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":456},{"sectionNumber":"sec.250","sectionType":"section","heading":"Definitions","content":"### sec.250 Definitions\n\nIn this Part—\ncommencement day means 1 July 2010.\nlocal registration authority means an entity that had functions under a law of a participating jurisdiction that included the registration of persons as health practitioners.\nparticipation day , for a participating jurisdiction, means—\nfor a health profession other than a relevant health profession—\n1 July 2010; or\nthe later day on which the jurisdiction became a participating jurisdiction; or\nfor a relevant health profession, 1 July 2012.\nrelevant health profession means—\nAboriginal and Torres Strait Islander health practice; or\nChinese medicine; or\nmedical radiation practice; or\noccupational therapy.\nrepealed Law means the Health Practitioner Regulation (Administrative Arrangements) National Law set out in the Schedule to the Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 of Queensland.\n- (a) for a health profession other than a relevant health profession— (i) 1 July 2010; or (ii) the later day on which the jurisdiction became a participating jurisdiction; or\n- (i) 1 July 2010; or\n- (ii) the later day on which the jurisdiction became a participating jurisdiction; or\n- (b) for a relevant health profession, 1 July 2012.\n- (i) 1 July 2010; or\n- (ii) the later day on which the jurisdiction became a participating jurisdiction; or\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.","sortOrder":457},{"sectionNumber":"sec.251","sectionType":"section","heading":"References to registered health practitioners","content":"### sec.251 References to registered health practitioners\n\nA reference in an Act of a participating jurisdiction, or another instrument, to the Health Practitioner Regulation (Administrative Arrangements) National Law may, if the context permits, be taken to be a reference to this Law.\nA reference in an Act of a participating jurisdiction, or another instrument, to a health practitioner registered in a health profession under a corresponding prior Act may, if the context permits, be taken after the participation day to be a reference to a health practitioner registered in the health profession under this Law.\n(sec.251-ssec.1) A reference in an Act of a participating jurisdiction, or another instrument, to the Health Practitioner Regulation (Administrative Arrangements) National Law may, if the context permits, be taken to be a reference to this Law.\n(sec.251-ssec.2) A reference in an Act of a participating jurisdiction, or another instrument, to a health practitioner registered in a health profession under a corresponding prior Act may, if the context permits, be taken after the participation day to be a reference to a health practitioner registered in the health profession under this Law.","sortOrder":458},{"sectionNumber":"sch-inc-pt.12-div.2","sectionType":"division","heading":"Ministerial Council","content":"## Ministerial Council","sortOrder":459},{"sectionNumber":"sec.252","sectionType":"section","heading":"Directions given by Ministerial council","content":"### sec.252 Directions given by Ministerial council\n\nA direction given by the Ministerial Council to the National Agency or a National Board under the repealed Law, and in force immediately before the commencement day, is taken from the commencement day to be a direction given by the Ministerial Council under this Law.","sortOrder":460},{"sectionNumber":"sec.253","sectionType":"section","heading":"Accreditation functions exercised by existing accreditation entities","content":"### sec.253 Accreditation functions exercised by existing accreditation entities\n\nThis section applies to an entity that, immediately before the commencement day, was an entity appointed by the Ministerial Council under the repealed Law to exercise functions with respect to accreditation for a health profession under the national registration and accreditation scheme.\nFrom the commencement day, the entity is taken to have been appointed under this Law to exercise the functions for the health profession.\nAn accreditation standard approved by the entity for a health profession, and in force immediately before the commencement day, is taken to be an approved accreditation standard for the health profession under this Law.\nThe National Board established for the health profession must, not later than 3 years after the commencement day, review the arrangements for the exercise of accreditation functions for the health profession.\nThe National Board must ensure the process for the review includes wide-ranging consultation about the arrangements for the exercise of the accreditation functions.\nIf an entity is taken under subsection (2) to have been appointed to exercise an accreditation function for a health profession, the National Board established for the profession must not, before the day that is 3 years after the commencement day, end that entity’s appointment.\n(sec.253-ssec.1) This section applies to an entity that, immediately before the commencement day, was an entity appointed by the Ministerial Council under the repealed Law to exercise functions with respect to accreditation for a health profession under the national registration and accreditation scheme.\n(sec.253-ssec.2) From the commencement day, the entity is taken to have been appointed under this Law to exercise the functions for the health profession.\n(sec.253-ssec.3) An accreditation standard approved by the entity for a health profession, and in force immediately before the commencement day, is taken to be an approved accreditation standard for the health profession under this Law.\n(sec.253-ssec.4) The National Board established for the health profession must, not later than 3 years after the commencement day, review the arrangements for the exercise of accreditation functions for the health profession.\n(sec.253-ssec.5) The National Board must ensure the process for the review includes wide-ranging consultation about the arrangements for the exercise of the accreditation functions.\n(sec.253-ssec.6) If an entity is taken under subsection (2) to have been appointed to exercise an accreditation function for a health profession, the National Board established for the profession must not, before the day that is 3 years after the commencement day, end that entity’s appointment.","sortOrder":461},{"sectionNumber":"sec.254","sectionType":"section","heading":"Health profession standards approved by Ministerial Council","content":"### sec.254 Health profession standards approved by Ministerial Council\n\nA health profession standard approved by the Ministerial Council under the repealed Law is taken from the commencement day to be an approved registration standard under this Law.","sortOrder":462},{"sectionNumber":"sec.255","sectionType":"section","heading":"Accreditation standards approved by National Board","content":"### sec.255 Accreditation standards approved by National Board\n\nAn accreditation standard approved by a National Board under the repealed Law is taken from the commencement day to be an approved accreditation standard under this Law.","sortOrder":463},{"sectionNumber":"sch-inc-pt.12-div.3","sectionType":"division","heading":"Advisory Council","content":"## Advisory Council","sortOrder":464},{"sectionNumber":"sec.256","sectionType":"section","heading":"Members of Advisory Council","content":"### sec.256 Members of Advisory Council\n\nA person who was, immediately before the commencement day, a member of the Australian Health Workforce Advisory Council under the repealed Law is taken to be a member of the Advisory Council under this Law.\nWithout limiting subsection (1), a member of the Advisory Council continues to hold office—\non the same terms and conditions that applied to the member’s appointment under the repealed Law; and\nuntil the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.\nThe person who, immediately before the commencement day, held office as Chairperson of the Australian Health Workforce Advisory Council under the repealed Law continues to hold office as Chairperson of the Advisory Council under this Law.\n(sec.256-ssec.1) A person who was, immediately before the commencement day, a member of the Australian Health Workforce Advisory Council under the repealed Law is taken to be a member of the Advisory Council under this Law.\n(sec.256-ssec.2) Without limiting subsection (1), a member of the Advisory Council continues to hold office— on the same terms and conditions that applied to the member’s appointment under the repealed Law; and until the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.\n(sec.256-ssec.3) The person who, immediately before the commencement day, held office as Chairperson of the Australian Health Workforce Advisory Council under the repealed Law continues to hold office as Chairperson of the Advisory Council under this Law.\n- (a) on the same terms and conditions that applied to the member’s appointment under the repealed Law; and\n- (b) until the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.","sortOrder":465},{"sectionNumber":"sch-inc-pt.12-div.4","sectionType":"division","heading":"National Agency","content":"## National Agency","sortOrder":466},{"sectionNumber":"sec.257","sectionType":"section","heading":"Health profession agreements","content":"### sec.257 Health profession agreements\n\nFrom the commencement day, a health profession agreement entered into by the Australian Health Practitioner Regulation Agency and in force immediately before the commencement day is taken to be a health profession agreement entered into by the National Agency under this Law.","sortOrder":467},{"sectionNumber":"sec.258","sectionType":"section","heading":"Service agreement","content":"### sec.258 Service agreement\n\nThis section applies if, immediately before the participation day for a participating jurisdiction—\na local registration authority in that jurisdiction exercised functions in relation to related health professionals; or\na local registration authority in that jurisdiction was a party to a service agreement for an entity to provide administrative or operational support to the authority and the entity also provided support under a service agreement to an authority that registers related health professionals.\nFrom the participation day for the participating jurisdiction, the National Agency may enter into an agreement with the authority that is responsible for registering the related health professionals to provide services to the authority.\nIn this section—\nrelated health professionals means persons who practise a profession providing health services that is not a health profession under this Law.\n(sec.258-ssec.1) This section applies if, immediately before the participation day for a participating jurisdiction— a local registration authority in that jurisdiction exercised functions in relation to related health professionals; or a local registration authority in that jurisdiction was a party to a service agreement for an entity to provide administrative or operational support to the authority and the entity also provided support under a service agreement to an authority that registers related health professionals.\n(sec.258-ssec.2) From the participation day for the participating jurisdiction, the National Agency may enter into an agreement with the authority that is responsible for registering the related health professionals to provide services to the authority.\n(sec.258-ssec.3) In this section— related health professionals means persons who practise a profession providing health services that is not a health profession under this Law.\n- (a) a local registration authority in that jurisdiction exercised functions in relation to related health professionals; or\n- (b) a local registration authority in that jurisdiction was a party to a service agreement for an entity to provide administrative or operational support to the authority and the entity also provided support under a service agreement to an authority that registers related health professionals.","sortOrder":468},{"sectionNumber":"sch-inc-pt.12-div.5","sectionType":"division","heading":"Agency Management Committee","content":"## Agency Management Committee","sortOrder":469},{"sectionNumber":"sec.259","sectionType":"section","heading":"Members of Agency Management Committee","content":"### sec.259 Members of Agency Management Committee\n\nA person who was, immediately before the commencement day, a member of the Australian Health Practitioner Regulation Agency Management Committee under the repealed Law is taken to be a member of the Agency Management Committee appointed under this Law.\nWithout limiting subsection (1), a member of the Agency Management Committee continues to hold office—\non the same terms and conditions that applied to the person’s appointment under the repealed Law; and\nuntil the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.\nThe person who, immediately before the commencement day, held office as Chairperson of the Australian Health Practitioner Regulation Agency Management Committee under the repealed Law continues to hold office as Chairperson of the Agency Management Committee under this Law.\n(sec.259-ssec.1) A person who was, immediately before the commencement day, a member of the Australian Health Practitioner Regulation Agency Management Committee under the repealed Law is taken to be a member of the Agency Management Committee appointed under this Law.\n(sec.259-ssec.2) Without limiting subsection (1), a member of the Agency Management Committee continues to hold office— on the same terms and conditions that applied to the person’s appointment under the repealed Law; and until the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.\n(sec.259-ssec.3) The person who, immediately before the commencement day, held office as Chairperson of the Australian Health Practitioner Regulation Agency Management Committee under the repealed Law continues to hold office as Chairperson of the Agency Management Committee under this Law.\n- (a) on the same terms and conditions that applied to the person’s appointment under the repealed Law; and\n- (b) until the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.","sortOrder":470},{"sectionNumber":"sch-inc-pt.12-div.6","sectionType":"division","heading":"Staff, consultants and contractors of National Agency","content":"## Staff, consultants and contractors of National Agency","sortOrder":471},{"sectionNumber":"sec.260","sectionType":"section","heading":"Chief executive officer","content":"### sec.260 Chief executive officer\n\nThe person who, immediately before the commencement day, held office as chief executive officer of the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been appointed as the chief executive officer of the National Agency under this Law on the same terms and conditions that applied to the person’s appointment under the repealed Law.","sortOrder":472},{"sectionNumber":"sec.261","sectionType":"section","heading":"Staff","content":"### sec.261 Staff\n\nA person who, immediately before the commencement day, was employed by the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been employed by the National Agency under this Law.\nA secondment arrangement in force immediately before the commencement day is taken, from the commencement day, to have been made by the National Agency under this Law.\nIn this section—\nsecondment arrangement means an arrangement made under the repealed Law by the Australian Health Practitioner Regulation Agency for the services of any staff of a government agency of a participating jurisdiction or the Commonwealth.\n(sec.261-ssec.1) A person who, immediately before the commencement day, was employed by the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been employed by the National Agency under this Law.\n(sec.261-ssec.2) A secondment arrangement in force immediately before the commencement day is taken, from the commencement day, to have been made by the National Agency under this Law.\n(sec.261-ssec.3) In this section— secondment arrangement means an arrangement made under the repealed Law by the Australian Health Practitioner Regulation Agency for the services of any staff of a government agency of a participating jurisdiction or the Commonwealth.","sortOrder":473},{"sectionNumber":"sec.262","sectionType":"section","heading":"Consultants and contractors","content":"### sec.262 Consultants and contractors\n\nA person who, immediately before the commencement day, was a consultant or contractor engaged by the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been engaged by the National Agency under this Law.","sortOrder":474},{"sectionNumber":"sch-inc-pt.12-div.7","sectionType":"division","heading":"Reports","content":"## Reports","sortOrder":475},{"sectionNumber":"sec.263","sectionType":"section","heading":"Annual report","content":"### sec.263 Annual report\n\nSections 35 and 36 of the repealed Law continue to apply to the preparation and submission of the first annual report of the Australian Health Practitioner Regulation Agency as if this Law had not commenced.","sortOrder":476},{"sectionNumber":"sch-inc-pt.12-div.8","sectionType":"division","heading":"National Boards","content":"## National Boards","sortOrder":477},{"sectionNumber":"sec.264","sectionType":"section","heading":"Members of National Boards","content":"### sec.264 Members of National Boards\n\nA person who was, immediately before the commencement day, a member of a National Health Practitioner Board under the repealed Law is taken to be a member of the National Board of the same name under this Law.\nWithout limiting subsection (1), a member of a National Board holds office—\non the same terms and conditions that applied to the person’s appointment under the repealed Law; and\nuntil the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.\nA person who, immediately before the commencement day, held office as Chairperson of a National Health Practitioner Board is taken, from the commencement day, to hold office as Chairperson of the National Board of the same name.\n(sec.264-ssec.1) A person who was, immediately before the commencement day, a member of a National Health Practitioner Board under the repealed Law is taken to be a member of the National Board of the same name under this Law.\n(sec.264-ssec.2) Without limiting subsection (1), a member of a National Board holds office— on the same terms and conditions that applied to the person’s appointment under the repealed Law; and until the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.\n(sec.264-ssec.3) A person who, immediately before the commencement day, held office as Chairperson of a National Health Practitioner Board is taken, from the commencement day, to hold office as Chairperson of the National Board of the same name.\n- (a) on the same terms and conditions that applied to the person’s appointment under the repealed Law; and\n- (b) until the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.","sortOrder":478},{"sectionNumber":"sec.265","sectionType":"section","heading":"Committees","content":"### sec.265 Committees\n\nFrom the commencement day, a committee established by a National Health Practitioner Board under the repealed Law and in existence immediately before the commencement day is taken to be a committee established under this Law by the National Board of the same name.\nA person who, immediately before the commencement day, held office as a member of a committee established by a National Health Practitioner Board under the repealed Law is taken, from the commencement day, to hold office as a member of the committee as continued in existence under subsection (1).\n(sec.265-ssec.1) From the commencement day, a committee established by a National Health Practitioner Board under the repealed Law and in existence immediately before the commencement day is taken to be a committee established under this Law by the National Board of the same name.\n(sec.265-ssec.2) A person who, immediately before the commencement day, held office as a member of a committee established by a National Health Practitioner Board under the repealed Law is taken, from the commencement day, to hold office as a member of the committee as continued in existence under subsection (1).","sortOrder":479},{"sectionNumber":"sec.266","sectionType":"section","heading":"Delegation","content":"### sec.266 Delegation\n\nThis section applies if, under the repealed Law—\na National Health Practitioner Board had delegated any of its functions to a committee or the Australian Health Practitioner Regulation Agency and the delegation was in force immediately before the commencement day; or\nthe Australian Health Practitioner Regulation Agency had subdelegated a function delegated to it by a National Health Practitioner Board to a member of the Agency’s staff and the subdelegation was in force immediately before the commencement day.\nFrom the commencement day, the delegation or subdelegation continues as if it were a delegation or subdelegation under this Law.\n(sec.266-ssec.1) This section applies if, under the repealed Law— a National Health Practitioner Board had delegated any of its functions to a committee or the Australian Health Practitioner Regulation Agency and the delegation was in force immediately before the commencement day; or the Australian Health Practitioner Regulation Agency had subdelegated a function delegated to it by a National Health Practitioner Board to a member of the Agency’s staff and the subdelegation was in force immediately before the commencement day.\n(sec.266-ssec.2) From the commencement day, the delegation or subdelegation continues as if it were a delegation or subdelegation under this Law.\n- (a) a National Health Practitioner Board had delegated any of its functions to a committee or the Australian Health Practitioner Regulation Agency and the delegation was in force immediately before the commencement day; or\n- (b) the Australian Health Practitioner Regulation Agency had subdelegated a function delegated to it by a National Health Practitioner Board to a member of the Agency’s staff and the subdelegation was in force immediately before the commencement day.","sortOrder":480},{"sectionNumber":"sch-inc-pt.12-div.9","sectionType":"division","heading":"Agency Fund","content":"## Agency Fund","sortOrder":481},{"sectionNumber":"sec.267","sectionType":"section","heading":"Agency Fund","content":"### sec.267 Agency Fund\n\nFrom the commencement day, the Australian Health Practitioner Regulation Agency Fund established by the repealed Law is taken to be the Agency Fund established by this Law.","sortOrder":482},{"sectionNumber":"sch-inc-pt.12-div.10","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":483},{"sectionNumber":"sec.268","sectionType":"section","heading":"Offences","content":"### sec.268 Offences\n\nProceedings for an offence against the repealed Law may be started or continued as if this Law had not commenced.","sortOrder":484},{"sectionNumber":"sch-inc-pt.12-div.11","sectionType":"division","heading":"Registration","content":"## Registration","sortOrder":485},{"sectionNumber":"sec.269","sectionType":"section","heading":"General registration","content":"### sec.269 General registration\n\nThis section applies to a person who, immediately before the participation day for a participating jurisdiction, held general registration (however described) in a health profession under the law of that jurisdiction.\nFrom the participation day, the person is taken to hold general registration under this Law in the health profession.\nIn this section—\ngeneral registration includes—\nfull registration, unconditional registration and registration without conditions; and\nenrolment, unconditional enrolment and enrolment without conditions.\n(sec.269-ssec.1) This section applies to a person who, immediately before the participation day for a participating jurisdiction, held general registration (however described) in a health profession under the law of that jurisdiction.\n(sec.269-ssec.2) From the participation day, the person is taken to hold general registration under this Law in the health profession.\n(sec.269-ssec.3) In this section— general registration includes— full registration, unconditional registration and registration without conditions; and enrolment, unconditional enrolment and enrolment without conditions.\n- (a) full registration, unconditional registration and registration without conditions; and\n- (b) enrolment, unconditional enrolment and enrolment without conditions.","sortOrder":486},{"sectionNumber":"sec.270","sectionType":"section","heading":"Specialist registration","content":"### sec.270 Specialist registration\n\nThis section applies if—\nimmediately before the participation day for a participating jurisdiction, a person was a specialist health practitioner in a specialty in a health profession under the law of that jurisdiction; and\nfrom the participation day—\nthe specialty is a recognised specialty in the health profession under this Law; or\na recognised specialty in the health profession under this Law includes, or is equivalent to, the specialty.\nFrom the participation day, the person is taken to hold specialist registration in the recognised specialty in the health profession under this Law.\nIn this section—\ncorresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which limited registration may be granted under this Law.\nspecialist health practitioner , in a specialty in a health profession, means a person who held specialist registration in, or was endorsed or otherwise authorised to practise, the specialty in the health profession but does not include a person who held registration to practise the profession only for a corresponding purpose.\n(sec.270-ssec.1) This section applies if— immediately before the participation day for a participating jurisdiction, a person was a specialist health practitioner in a specialty in a health profession under the law of that jurisdiction; and from the participation day— the specialty is a recognised specialty in the health profession under this Law; or a recognised specialty in the health profession under this Law includes, or is equivalent to, the specialty.\n(sec.270-ssec.2) From the participation day, the person is taken to hold specialist registration in the recognised specialty in the health profession under this Law.\n(sec.270-ssec.3) In this section— corresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which limited registration may be granted under this Law. specialist health practitioner , in a specialty in a health profession, means a person who held specialist registration in, or was endorsed or otherwise authorised to practise, the specialty in the health profession but does not include a person who held registration to practise the profession only for a corresponding purpose.\n- (a) immediately before the participation day for a participating jurisdiction, a person was a specialist health practitioner in a specialty in a health profession under the law of that jurisdiction; and\n- (b) from the participation day— (i) the specialty is a recognised specialty in the health profession under this Law; or (ii) a recognised specialty in the health profession under this Law includes, or is equivalent to, the specialty.\n- (i) the specialty is a recognised specialty in the health profession under this Law; or\n- (ii) a recognised specialty in the health profession under this Law includes, or is equivalent to, the specialty.\n- (i) the specialty is a recognised specialty in the health profession under this Law; or\n- (ii) a recognised specialty in the health profession under this Law includes, or is equivalent to, the specialty.","sortOrder":487},{"sectionNumber":"sec.271","sectionType":"section","heading":"Provisional registration","content":"### sec.271 Provisional registration\n\nThis section applies to a person who, immediately before the participation day for a participating jurisdiction, held registration (however described) under a law of that jurisdiction to enable the person to complete a period of supervised practice or internship in a health profession required for the person to be eligible for general registration (however described) in the profession.\nFrom the participation day, the person is taken to hold provisional registration in the health profession under this Law.\n(sec.271-ssec.1) This section applies to a person who, immediately before the participation day for a participating jurisdiction, held registration (however described) under a law of that jurisdiction to enable the person to complete a period of supervised practice or internship in a health profession required for the person to be eligible for general registration (however described) in the profession.\n(sec.271-ssec.2) From the participation day, the person is taken to hold provisional registration in the health profession under this Law.","sortOrder":488},{"sectionNumber":"sec.272","sectionType":"section","heading":"Limited registration","content":"### sec.272 Limited registration\n\nThis section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted for the practice of the health profession only for a corresponding purpose.\nFrom the participation day, the person is taken to hold limited registration in the health profession for that purpose under this Law.\nIn this section—\ncorresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which limited registration may be granted under this Law.\n(sec.272-ssec.1) This section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted for the practice of the health profession only for a corresponding purpose.\n(sec.272-ssec.2) From the participation day, the person is taken to hold limited registration in the health profession for that purpose under this Law.\n(sec.272-ssec.3) In this section— corresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which limited registration may be granted under this Law.","sortOrder":489},{"sectionNumber":"sec.273","sectionType":"section","heading":"Limited registration (public interest-occasional practice)","content":"### sec.273 Limited registration (public interest-occasional practice)\n\nThis section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted—\nsubject to the following conditions limiting the scope of the person’s practise of the profession—\nthe person must not practise the profession other than—\nto refer a person to another registered health practitioner; or\nto prescribe scheduled medicines in specified circumstances; and\nthe person must not receive a fee or other benefit for providing a service referred to in subparagraph (i); or\non the basis the person had indicated the person was retired from regular practise and intended only to practise on an occasional basis.\nFrom the participation day, the person is taken to hold limited registration in the public interest under this Law for the limited scope that applied to the person’s practise of the health profession immediately before the participation day.\n(sec.273-ssec.1) This section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted— subject to the following conditions limiting the scope of the person’s practise of the profession— the person must not practise the profession other than— to refer a person to another registered health practitioner; or to prescribe scheduled medicines in specified circumstances; and the person must not receive a fee or other benefit for providing a service referred to in subparagraph (i); or on the basis the person had indicated the person was retired from regular practise and intended only to practise on an occasional basis.\n(sec.273-ssec.2) From the participation day, the person is taken to hold limited registration in the public interest under this Law for the limited scope that applied to the person’s practise of the health profession immediately before the participation day.\n- (a) subject to the following conditions limiting the scope of the person’s practise of the profession— (i) the person must not practise the profession other than— (A) to refer a person to another registered health practitioner; or (B) to prescribe scheduled medicines in specified circumstances; and (ii) the person must not receive a fee or other benefit for providing a service referred to in subparagraph (i); or\n- (i) the person must not practise the profession other than— (A) to refer a person to another registered health practitioner; or (B) to prescribe scheduled medicines in specified circumstances; and\n- (A) to refer a person to another registered health practitioner; or\n- (B) to prescribe scheduled medicines in specified circumstances; and\n- (ii) the person must not receive a fee or other benefit for providing a service referred to in subparagraph (i); or\n- (b) on the basis the person had indicated the person was retired from regular practise and intended only to practise on an occasional basis.\n- (i) the person must not practise the profession other than— (A) to refer a person to another registered health practitioner; or (B) to prescribe scheduled medicines in specified circumstances; and\n- (A) to refer a person to another registered health practitioner; or\n- (B) to prescribe scheduled medicines in specified circumstances; and\n- (ii) the person must not receive a fee or other benefit for providing a service referred to in subparagraph (i); or\n- (A) to refer a person to another registered health practitioner; or\n- (B) to prescribe scheduled medicines in specified circumstances; and","sortOrder":490},{"sectionNumber":"sec.274","sectionType":"section","heading":"Non-practising registration","content":"### sec.274 Non-practising registration\n\nThis section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted subject to the condition that the person must not practise the profession.\nFrom the participation day, the person is taken to hold non-practising registration in the health profession under this Law.\n(sec.274-ssec.1) This section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted subject to the condition that the person must not practise the profession.\n(sec.274-ssec.2) From the participation day, the person is taken to hold non-practising registration in the health profession under this Law.","sortOrder":491},{"sectionNumber":"sec.275","sectionType":"section","heading":"Registration for existing registered students","content":"### sec.275 Registration for existing registered students\n\nThis section applies if, immediately before the participation day for a participating jurisdiction, a person held registration as a student in a health profession under the law of that jurisdiction.\nFrom the participation day, the person is taken to hold student registration in the health profession under this Law.\n(sec.275-ssec.1) This section applies if, immediately before the participation day for a participating jurisdiction, a person held registration as a student in a health profession under the law of that jurisdiction.\n(sec.275-ssec.2) From the participation day, the person is taken to hold student registration in the health profession under this Law.","sortOrder":492},{"sectionNumber":"sec.276","sectionType":"section","heading":"Registration for new students","content":"### sec.276 Registration for new students\n\nThis section applies in relation to a person who, immediately before the participation day for a participating jurisdiction—\nwas a student undertaking a program of study, provided by an education provider located in the jurisdiction, that from the participation day is an approved program of study for a health profession; and\nwas not required under the law of that jurisdiction to be registered as a student in the health profession to undertake the program of study or any part of the program, including any clinical training or other practice of the profession related to undertaking the program.\nDespite Division 7 of Part 7, the National Board established for the health profession is not required before 1 March 2011 to register the student in the profession.\n(sec.276-ssec.1) This section applies in relation to a person who, immediately before the participation day for a participating jurisdiction— was a student undertaking a program of study, provided by an education provider located in the jurisdiction, that from the participation day is an approved program of study for a health profession; and was not required under the law of that jurisdiction to be registered as a student in the health profession to undertake the program of study or any part of the program, including any clinical training or other practice of the profession related to undertaking the program.\n(sec.276-ssec.2) Despite Division 7 of Part 7, the National Board established for the health profession is not required before 1 March 2011 to register the student in the profession.\n- (a) was a student undertaking a program of study, provided by an education provider located in the jurisdiction, that from the participation day is an approved program of study for a health profession; and\n- (b) was not required under the law of that jurisdiction to be registered as a student in the health profession to undertake the program of study or any part of the program, including any clinical training or other practice of the profession related to undertaking the program.","sortOrder":493},{"sectionNumber":"sec.277","sectionType":"section","heading":"Other registrations","content":"### sec.277 Other registrations\n\nThis section applies if—\nimmediately before the participation day for a participating jurisdiction, a class of persons held a type of registration in, or was endorsed or otherwise authorised to practise, a health profession under the law of that jurisdiction; and\nfrom the participation day, persons in that class are not registered, endorsed or otherwise authorised to practise the profession by another provision of this Division.\nFrom the participation day, persons in that class are taken to hold the type of registration in the health profession that is specified for the class of persons in the registration transition plan prepared under subsection (3) by the National Board established for that profession.\nBefore the participation day, each National Board must prepare a registration transition plan that includes details of the type of registration that is to be held under this Law by a class of persons referred to in subsection (1).\nIn preparing a registration transition plan, a National Board must—\ncomply with any directions given by the Ministerial Council that are relevant to the transitional arrangements for the registration of the class of persons; and\nhave regard to the principle that persons in the class are to be given the widest possible scope of practice of the profession that is consistent with—\nthe authority the class of persons had to practise the profession before the participation day; and\nthe protection of the safety of the public.\n(sec.277-ssec.1) This section applies if— immediately before the participation day for a participating jurisdiction, a class of persons held a type of registration in, or was endorsed or otherwise authorised to practise, a health profession under the law of that jurisdiction; and from the participation day, persons in that class are not registered, endorsed or otherwise authorised to practise the profession by another provision of this Division.\n(sec.277-ssec.2) From the participation day, persons in that class are taken to hold the type of registration in the health profession that is specified for the class of persons in the registration transition plan prepared under subsection (3) by the National Board established for that profession.\n(sec.277-ssec.3) Before the participation day, each National Board must prepare a registration transition plan that includes details of the type of registration that is to be held under this Law by a class of persons referred to in subsection (1).\n(sec.277-ssec.4) In preparing a registration transition plan, a National Board must— comply with any directions given by the Ministerial Council that are relevant to the transitional arrangements for the registration of the class of persons; and have regard to the principle that persons in the class are to be given the widest possible scope of practice of the profession that is consistent with— the authority the class of persons had to practise the profession before the participation day; and the protection of the safety of the public.\n- (a) immediately before the participation day for a participating jurisdiction, a class of persons held a type of registration in, or was endorsed or otherwise authorised to practise, a health profession under the law of that jurisdiction; and\n- (b) from the participation day, persons in that class are not registered, endorsed or otherwise authorised to practise the profession by another provision of this Division.\n- (a) comply with any directions given by the Ministerial Council that are relevant to the transitional arrangements for the registration of the class of persons; and\n- (b) have regard to the principle that persons in the class are to be given the widest possible scope of practice of the profession that is consistent with— (i) the authority the class of persons had to practise the profession before the participation day; and (ii) the protection of the safety of the public.\n- (i) the authority the class of persons had to practise the profession before the participation day; and\n- (ii) the protection of the safety of the public.\n- (i) the authority the class of persons had to practise the profession before the participation day; and\n- (ii) the protection of the safety of the public.","sortOrder":494},{"sectionNumber":"sec.278","sectionType":"section","heading":"Endorsements","content":"### sec.278 Endorsements\n\nThis section applies to a person who, immediately before the participation day for a participating jurisdiction—\nheld a type of registration in that jurisdiction in a health profession for a corresponding purpose; or\nheld general registration in that jurisdiction in a health profession that had been endorsed for a corresponding purpose.\nFrom the participation day, the person is taken to hold general registration in the health profession that has been endorsed under this Law for the purpose that is equivalent to, or substantially equivalent to, the corresponding purpose.\nIn this section—\ncorresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which an endorsement may be granted under this Law.\n(sec.278-ssec.1) This section applies to a person who, immediately before the participation day for a participating jurisdiction— held a type of registration in that jurisdiction in a health profession for a corresponding purpose; or held general registration in that jurisdiction in a health profession that had been endorsed for a corresponding purpose.\n(sec.278-ssec.2) From the participation day, the person is taken to hold general registration in the health profession that has been endorsed under this Law for the purpose that is equivalent to, or substantially equivalent to, the corresponding purpose.\n(sec.278-ssec.3) In this section— corresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which an endorsement may be granted under this Law.\n- (a) held a type of registration in that jurisdiction in a health profession for a corresponding purpose; or\n- (b) held general registration in that jurisdiction in a health profession that had been endorsed for a corresponding purpose.","sortOrder":495},{"sectionNumber":"sec.279","sectionType":"section","heading":"Conditions imposed on registration or endorsement","content":"### sec.279 Conditions imposed on registration or endorsement\n\nThis section applies if—\na person is taken to be registered under this Law, or the person’s registration under this Law is taken to be endorsed, because of the person’s registration or endorsement under the law of a participating jurisdiction before the participation day for the jurisdiction; and\nthe person’s registration or endorsement under the law of that jurisdiction was, immediately before the participation day, subject to a condition—\nwhether described as a condition, restriction or otherwise; and\nwhether imposed by or under an Act of that jurisdiction.\nFrom the participation day, the person’s registration or endorsement under this Law is taken to be subject to the same condition.\n(sec.279-ssec.1) This section applies if— a person is taken to be registered under this Law, or the person’s registration under this Law is taken to be endorsed, because of the person’s registration or endorsement under the law of a participating jurisdiction before the participation day for the jurisdiction; and the person’s registration or endorsement under the law of that jurisdiction was, immediately before the participation day, subject to a condition— whether described as a condition, restriction or otherwise; and whether imposed by or under an Act of that jurisdiction.\n(sec.279-ssec.2) From the participation day, the person’s registration or endorsement under this Law is taken to be subject to the same condition.\n- (a) a person is taken to be registered under this Law, or the person’s registration under this Law is taken to be endorsed, because of the person’s registration or endorsement under the law of a participating jurisdiction before the participation day for the jurisdiction; and\n- (b) the person’s registration or endorsement under the law of that jurisdiction was, immediately before the participation day, subject to a condition— (i) whether described as a condition, restriction or otherwise; and (ii) whether imposed by or under an Act of that jurisdiction.\n- (i) whether described as a condition, restriction or otherwise; and\n- (ii) whether imposed by or under an Act of that jurisdiction.\n- (i) whether described as a condition, restriction or otherwise; and\n- (ii) whether imposed by or under an Act of that jurisdiction.","sortOrder":496},{"sectionNumber":"sec.280","sectionType":"section","heading":"Expiry of registration and endorsement","content":"### sec.280 Expiry of registration and endorsement\n\nThis section applies if, under this Division, a person is taken to be registered under this Law because of the person’s registration or endorsement under the law of a participating jurisdiction.\nThe person’s registration, and any endorsement of the registration, expires on—\nif the person was registered in more than one participating jurisdiction, the end of the latest day on which under the law of a participating jurisdiction—\nany of the registrations would have expired; or\nan annual registration fee for any of the registrations would have become payable; or\notherwise, at the end of the day on which under the law of the participating jurisdiction—\nthe registration would have expired; or\nan annual registration fee for the registration would have become payable.\nSubsection (2) does not prevent a National Board suspending or cancelling the person’s registration under this Law.\n(sec.280-ssec.1) This section applies if, under this Division, a person is taken to be registered under this Law because of the person’s registration or endorsement under the law of a participating jurisdiction.\n(sec.280-ssec.2) The person’s registration, and any endorsement of the registration, expires on— if the person was registered in more than one participating jurisdiction, the end of the latest day on which under the law of a participating jurisdiction— any of the registrations would have expired; or an annual registration fee for any of the registrations would have become payable; or otherwise, at the end of the day on which under the law of the participating jurisdiction— the registration would have expired; or an annual registration fee for the registration would have become payable.\n(sec.280-ssec.3) Subsection (2) does not prevent a National Board suspending or cancelling the person’s registration under this Law.\n- (a) if the person was registered in more than one participating jurisdiction, the end of the latest day on which under the law of a participating jurisdiction— (i) any of the registrations would have expired; or (ii) an annual registration fee for any of the registrations would have become payable; or\n- (i) any of the registrations would have expired; or\n- (ii) an annual registration fee for any of the registrations would have become payable; or\n- (b) otherwise, at the end of the day on which under the law of the participating jurisdiction— (i) the registration would have expired; or (ii) an annual registration fee for the registration would have become payable.\n- (i) the registration would have expired; or\n- (ii) an annual registration fee for the registration would have become payable.\n- (i) any of the registrations would have expired; or\n- (ii) an annual registration fee for any of the registrations would have become payable; or\n- (i) the registration would have expired; or\n- (ii) an annual registration fee for the registration would have become payable.","sortOrder":497},{"sectionNumber":"sec.281","sectionType":"section","heading":"Protected titles for certain specialist health practitioners","content":"### sec.281 Protected titles for certain specialist health practitioners\n\nThis section applies if—\nimmediately before the participation day for a participating jurisdiction, a person held specialist registration in a health profession in that jurisdiction; and\non the participation day the health profession is not a profession for which specialist recognition operates under this Law.\nDespite section 118, the person does not commit an offence during the transition period merely because the person takes or uses—\nthe title “specialist health practitioner”; or\nanother title the person was entitled to use under the law of the participating jurisdiction as in force immediately before the participation day.\nIn this section—\ntransition period means the period—\nstarting at the beginning of the commencement day; and\nending at the end of the day that is 3 years after the commencement day.\n(sec.281-ssec.1) This section applies if— immediately before the participation day for a participating jurisdiction, a person held specialist registration in a health profession in that jurisdiction; and on the participation day the health profession is not a profession for which specialist recognition operates under this Law.\n(sec.281-ssec.2) Despite section 118, the person does not commit an offence during the transition period merely because the person takes or uses— the title “specialist health practitioner”; or another title the person was entitled to use under the law of the participating jurisdiction as in force immediately before the participation day.\n(sec.281-ssec.3) In this section— transition period means the period— starting at the beginning of the commencement day; and ending at the end of the day that is 3 years after the commencement day.\n- (a) immediately before the participation day for a participating jurisdiction, a person held specialist registration in a health profession in that jurisdiction; and\n- (b) on the participation day the health profession is not a profession for which specialist recognition operates under this Law.\n- (a) the title “specialist health practitioner”; or\n- (b) another title the person was entitled to use under the law of the participating jurisdiction as in force immediately before the participation day.\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 commencement day.","sortOrder":498},{"sectionNumber":"sec.282","sectionType":"section","heading":"First renewal of registration or endorsement","content":"### sec.282 First renewal of registration or endorsement\n\nThis section applies if—\na health practitioner’s registration or endorsement expires under section 280; and\nthe National Board decides to renew the health practitioner’s registration or endorsement under section 112.\nDespite section 112(6), the National Board may decide that the period for which the registration or endorsement is renewed is a period of not more than 2 years.\n(sec.282-ssec.1) This section applies if— a health practitioner’s registration or endorsement expires under section 280; and the National Board decides to renew the health practitioner’s registration or endorsement under section 112.\n(sec.282-ssec.2) Despite section 112(6), the National Board may decide that the period for which the registration or endorsement is renewed is a period of not more than 2 years.\n- (a) a health practitioner’s registration or endorsement expires under section 280; and\n- (b) the National Board decides to renew the health practitioner’s registration or endorsement under section 112.","sortOrder":499},{"sectionNumber":"sec.283","sectionType":"section","heading":"Programs of study","content":"### sec.283 Programs of study\n\nThis section applies if, immediately before the participation day for a participating jurisdiction, a program of study provided a qualification for registration in a health profession in that jurisdiction.\nFrom the participation day, the program of study is taken to be an approved program of study for that health profession as if it had been approved under this Law.\nThe National Agency must, as soon as practicable after the participation day, include an approved program of study under subsection (2) in the list published under section 49(5).\n(sec.283-ssec.1) This section applies if, immediately before the participation day for a participating jurisdiction, a program of study provided a qualification for registration in a health profession in that jurisdiction.\n(sec.283-ssec.2) From the participation day, the program of study is taken to be an approved program of study for that health profession as if it had been approved under this Law.\n(sec.283-ssec.3) The National Agency must, as soon as practicable after the participation day, include an approved program of study under subsection (2) in the list published under section 49(5).","sortOrder":500},{"sectionNumber":"sec.284","sectionType":"section","heading":"Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery","content":"### sec.284 Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery\n\nDuring the transition period, a midwife does not contravene section 129(1) merely because the midwife practises private midwifery if—\nthe practise occurs in a participating jurisdiction in which, immediately before the participation day for that jurisdiction, a person was not prohibited from attending homebirths in the course of practising midwifery unless professional indemnity insurance arrangements were in place; and\ninformed consent has been given by the woman in relation to whom the midwife is practising private midwifery; and\nthe midwife complies with any requirements set out in a code or guideline approved by the National Board under section 39 about the practise of private midwifery, including—\nany requirement in a code or guideline about reports to be provided by midwives practising private midwifery; and\nany requirement in a code or guideline relating to the safety and quality of the practise of private midwifery.\nA midwife who practises private midwifery under this section is not required to include in an annual statement under section 109 a declaration required by subsection (1)(a)(iv) and (v) of that section in relation to the midwife’s practise of private midwifery during a period of registration that is within the transition period.\nFor the purposes of this section, the transition period—\nstarts on 1 July 2010; and\nends on the prescribed day.\nIf the National Board decides appropriate professional indemnity arrangements are available in relation to the practice of private midwifery, the Board may recommend to the Ministerial Council that the transition period, and the exemption provided by this section during the transition period, should end.\nIn this section—\nhomebirth means a birth in which the mother gives birth at her own home or another person’s home.\ninformed consent means written consent given by a woman after she has been given a written statement by a midwife that includes—\na statement that appropriate professional indemnity insurance arrangements will not be in force in relation to the midwife’s practise of private midwifery; and\nany other information required by the National Board.\nmidwife means a person whose name is included in the Register of Midwives kept by the National Board.\nNational Board means the National Board for midwifery.\nprivate midwifery means practising the midwifery profession—\nin the course of attending a homebirth; and\nwithout appropriate professional indemnity insurance arrangements being in force in relation to that practise; and\nother than as an employee of an entity.\ntransition period means the period referred to in subsection (3).\nsch s 284 amd 2017 No. 32 s 51\n(sec.284-ssec.1) During the transition period, a midwife does not contravene section 129(1) merely because the midwife practises private midwifery if— the practise occurs in a participating jurisdiction in which, immediately before the participation day for that jurisdiction, a person was not prohibited from attending homebirths in the course of practising midwifery unless professional indemnity insurance arrangements were in place; and informed consent has been given by the woman in relation to whom the midwife is practising private midwifery; and the midwife complies with any requirements set out in a code or guideline approved by the National Board under section 39 about the practise of private midwifery, including— any requirement in a code or guideline about reports to be provided by midwives practising private midwifery; and any requirement in a code or guideline relating to the safety and quality of the practise of private midwifery.\n(sec.284-ssec.2) A midwife who practises private midwifery under this section is not required to include in an annual statement under section 109 a declaration required by subsection (1)(a)(iv) and (v) of that section in relation to the midwife’s practise of private midwifery during a period of registration that is within the transition period.\n(sec.284-ssec.3) For the purposes of this section, the transition period— starts on 1 July 2010; and ends on the prescribed day.\n(sec.284-ssec.4) If the National Board decides appropriate professional indemnity arrangements are available in relation to the practice of private midwifery, the Board may recommend to the Ministerial Council that the transition period, and the exemption provided by this section during the transition period, should end.\n(sec.284-ssec.5) In this section— homebirth means a birth in which the mother gives birth at her own home or another person’s home. informed consent means written consent given by a woman after she has been given a written statement by a midwife that includes— a statement that appropriate professional indemnity insurance arrangements will not be in force in relation to the midwife’s practise of private midwifery; and any other information required by the National Board. midwife means a person whose name is included in the Register of Midwives kept by the National Board. National Board means the National Board for midwifery. private midwifery means practising the midwifery profession— in the course of attending a homebirth; and without appropriate professional indemnity insurance arrangements being in force in relation to that practise; and other than as an employee of an entity. transition period means the period referred to in subsection (3).\n- (a) the practise occurs in a participating jurisdiction in which, immediately before the participation day for that jurisdiction, a person was not prohibited from attending homebirths in the course of practising midwifery unless professional indemnity insurance arrangements were in place; and\n- (b) informed consent has been given by the woman in relation to whom the midwife is practising private midwifery; and\n- (c) the midwife complies with any requirements set out in a code or guideline approved by the National Board under section 39 about the practise of private midwifery, including— (i) any requirement in a code or guideline about reports to be provided by midwives practising private midwifery; and (ii) any requirement in a code or guideline relating to the safety and quality of the practise of private midwifery.\n- (i) any requirement in a code or guideline about reports to be provided by midwives practising private midwifery; and\n- (ii) any requirement in a code or guideline relating to the safety and quality of the practise of private midwifery.\n- (i) any requirement in a code or guideline about reports to be provided by midwives practising private midwifery; and\n- (ii) any requirement in a code or guideline relating to the safety and quality of the practise of private midwifery.\n- (a) starts on 1 July 2010; and\n- (b) ends on the prescribed day.\n- (a) a statement that appropriate professional indemnity insurance arrangements will not be in force in relation to the midwife’s practise of private midwifery; and\n- (b) any other information required by the National Board.\n- (a) in the course of attending a homebirth; and\n- (b) without appropriate professional indemnity insurance arrangements being in force in relation to that practise; and\n- (c) other than as an employee of an entity.","sortOrder":501},{"sectionNumber":"sch-inc-pt.12-div.12","sectionType":"division","heading":"Applications for registration and endorsement","content":"## Applications for registration and endorsement","sortOrder":502},{"sectionNumber":"sec.285","sectionType":"section","heading":"Applications for registration","content":"### sec.285 Applications for registration\n\nThis section applies if, immediately before the participation day for a participating jurisdiction, an application for registration or renewal of registration in a health profession had been made to a local registration authority for the jurisdiction but not decided.\nFrom the participation day, the application is taken to have been made under this Law to the National Board for the health profession.\n(sec.285-ssec.1) This section applies if, immediately before the participation day for a participating jurisdiction, an application for registration or renewal of registration in a health profession had been made to a local registration authority for the jurisdiction but not decided.\n(sec.285-ssec.2) From the participation day, the application is taken to have been made under this Law to the National Board for the health profession.","sortOrder":503},{"sectionNumber":"sec.286","sectionType":"section","heading":"Applications for endorsement","content":"### sec.286 Applications for endorsement\n\nThis section applies if, immediately before the participation day for a participating jurisdiction, an application for endorsement or renewal of an endorsement of a registration in a health profession had been made to a local registration authority for the jurisdiction but not decided.\nFrom the participation day, the application is taken to have been made under this Law to the National Board for the health profession.\n(sec.286-ssec.1) This section applies if, immediately before the participation day for a participating jurisdiction, an application for endorsement or renewal of an endorsement of a registration in a health profession had been made to a local registration authority for the jurisdiction but not decided.\n(sec.286-ssec.2) From the participation day, the application is taken to have been made under this Law to the National Board for the health profession.","sortOrder":504},{"sectionNumber":"sec.287","sectionType":"section","heading":"Disqualifications and conditions relevant to applications for registration","content":"### sec.287 Disqualifications and conditions relevant to applications for registration\n\nThis section applies if—\nunder a corresponding prior Act or another law of a participating jurisdiction, a person’s registration in a health profession had been cancelled in that jurisdiction by an entity; and\nin cancelling the person’s registration the entity also made any of the following decisions—\na decision to set a period during which the person was disqualified from applying for registration, or being registered, in a health profession in the participating jurisdiction;\na decision to set conditions under which the person might reapply for registration in the profession;\na decision to set conditions that must be imposed on any future registration of the person in the profession; and\nimmediately before the participation day, the decision was still in force.\nFrom the participation day, the decision continues as if it had been made under this Law by the responsible tribunal for the participating jurisdiction.\n(sec.287-ssec.1) This section applies if— under a corresponding prior Act or another law of a participating jurisdiction, a person’s registration in a health profession had been cancelled in that jurisdiction by an entity; and in cancelling the person’s registration the entity also made any of the following decisions— a decision to set a period during which the person was disqualified from applying for registration, or being registered, in a health profession in the participating jurisdiction; a decision to set conditions under which the person might reapply for registration in the profession; a decision to set conditions that must be imposed on any future registration of the person in the profession; and immediately before the participation day, the decision was still in force.\n(sec.287-ssec.2) From the participation day, the decision continues as if it had been made under this Law by the responsible tribunal for the participating jurisdiction.\n- (a) under a corresponding prior Act or another law of a participating jurisdiction, a person’s registration in a health profession had been cancelled in that jurisdiction by an entity; and\n- (b) in cancelling the person’s registration the entity also made any of the following decisions— (i) a decision to set a period during which the person was disqualified from applying for registration, or being registered, in a health profession in the participating jurisdiction; (ii) a decision to set conditions under which the person might reapply for registration in the profession; (iii) a decision to set conditions that must be imposed on any future registration of the person in the profession; and\n- (i) a decision to set a period during which the person was disqualified from applying for registration, or being registered, in a health profession in the participating jurisdiction;\n- (ii) a decision to set conditions under which the person might reapply for registration in the profession;\n- (iii) a decision to set conditions that must be imposed on any future registration of the person in the profession; and\n- (c) immediately before the participation day, the decision was still in force.\n- (i) a decision to set a period during which the person was disqualified from applying for registration, or being registered, in a health profession in the participating jurisdiction;\n- (ii) a decision to set conditions under which the person might reapply for registration in the profession;\n- (iii) a decision to set conditions that must be imposed on any future registration of the person in the profession; and","sortOrder":505},{"sectionNumber":"sch-inc-pt.12-div.13","sectionType":"division","heading":"Complaints, notifications and disciplinary proceedings","content":"## Complaints, notifications and disciplinary proceedings","sortOrder":506},{"sectionNumber":"sec.288","sectionType":"section","heading":"Complaints and notifications made but not being dealt with on participation day","content":"### sec.288 Complaints and notifications made but not being dealt with on participation day\n\nThis section applies if, immediately before the participation day for a participating jurisdiction, a local registration authority for the jurisdiction had received but not started dealing with a complaint or notification about a person registered in a health profession by the authority.\nFrom the participation day, the complaint or notification is taken to be a notification made under this Law to the National Agency.\nThis section does not apply to a co-regulatory jurisdiction.\n(sec.288-ssec.1) This section applies if, immediately before the participation day for a participating jurisdiction, a local registration authority for the jurisdiction had received but not started dealing with a complaint or notification about a person registered in a health profession by the authority.\n(sec.288-ssec.2) From the participation day, the complaint or notification is taken to be a notification made under this Law to the National Agency.\n(sec.288-ssec.3) This section does not apply to a co-regulatory jurisdiction.","sortOrder":507},{"sectionNumber":"sec.289","sectionType":"section","heading":"Complaints and notifications being dealt with on participation day","content":"### sec.289 Complaints and notifications being dealt with on participation day\n\nThis section applies if, immediately before the participation day for a participating jurisdiction, a local registration authority for the jurisdiction had started but not completed dealing with a complaint or notification about a person registered in a health profession by the authority.\nFrom the participation day—\nthe complaint or notification is taken to be a notification made under this Law and is to be dealt with by the National Board for the health profession; and\nthe notification is to continue to be dealt with under the Act of the participating jurisdiction under which it was made, and any proceedings or appeal relating to the notification may be dealt with, as if that Act had not been repealed.\nFor the purposes of this section, the Act of the participating jurisdiction applies—\nas if a reference to the local registration authority were a reference to the National Board; and\nwith any other changes that are necessary or convenient.\nThe National Board must give effect to a decision made on an inquiry, investigation, proceeding or appeal completed under the Act of the participating jurisdiction as if it were a decision under this Law.\nThis section does not apply to a co-regulatory jurisdiction.\n(sec.289-ssec.1) This section applies if, immediately before the participation day for a participating jurisdiction, a local registration authority for the jurisdiction had started but not completed dealing with a complaint or notification about a person registered in a health profession by the authority.\n(sec.289-ssec.2) From the participation day— the complaint or notification is taken to be a notification made under this Law and is to be dealt with by the National Board for the health profession; and the notification is to continue to be dealt with under the Act of the participating jurisdiction under which it was made, and any proceedings or appeal relating to the notification may be dealt with, as if that Act had not been repealed.\n(sec.289-ssec.3) For the purposes of this section, the Act of the participating jurisdiction applies— as if a reference to the local registration authority were a reference to the National Board; and with any other changes that are necessary or convenient.\n(sec.289-ssec.4) The National Board must give effect to a decision made on an inquiry, investigation, proceeding or appeal completed under the Act of the participating jurisdiction as if it were a decision under this Law.\n(sec.289-ssec.5) This section does not apply to a co-regulatory jurisdiction.\n- (a) the complaint or notification is taken to be a notification made under this Law and is to be dealt with by the National Board for the health profession; and\n- (b) the notification is to continue to be dealt with under the Act of the participating jurisdiction under which it was made, and any proceedings or appeal relating to the notification may be dealt with, as if that Act had not been repealed.\n- (a) as if a reference to the local registration authority were a reference to the National Board; and\n- (b) with any other changes that are necessary or convenient.","sortOrder":508},{"sectionNumber":"sec.290","sectionType":"section","heading":"Effect of suspension","content":"### sec.290 Effect of suspension\n\nThis section applies if—\nbecause of another provision of this Part, a person is taken to be registered under this Law; and\nimmediately before the participation day for the participating jurisdiction in which the person was registered under a corresponding prior Act, the person’s registration was suspended under a law of that jurisdiction.\nFrom the participation day, the person’s registration is taken to have been suspended under this Law.\n(sec.290-ssec.1) This section applies if— because of another provision of this Part, a person is taken to be registered under this Law; and immediately before the participation day for the participating jurisdiction in which the person was registered under a corresponding prior Act, the person’s registration was suspended under a law of that jurisdiction.\n(sec.290-ssec.2) From the participation day, the person’s registration is taken to have been suspended under this Law.\n- (a) because of another provision of this Part, a person is taken to be registered under this Law; and\n- (b) immediately before the participation day for the participating jurisdiction in which the person was registered under a corresponding prior Act, the person’s registration was suspended under a law of that jurisdiction.","sortOrder":509},{"sectionNumber":"sec.291","sectionType":"section","heading":"Undertakings and other agreements","content":"### sec.291 Undertakings and other agreements\n\nThis section applies if, immediately before the participation day for a participating jurisdiction, an undertaking or other agreement between a person registered under a corresponding prior Act and the local registration authority for a health profession was in force.\nFrom the participation day, the undertaking or other agreement is taken to have been entered into under this Law between the person and the National Board established for the health profession.\n(sec.291-ssec.1) This section applies if, immediately before the participation day for a participating jurisdiction, an undertaking or other agreement between a person registered under a corresponding prior Act and the local registration authority for a health profession was in force.\n(sec.291-ssec.2) From the participation day, the undertaking or other agreement is taken to have been entered into under this Law between the person and the National Board established for the health profession.","sortOrder":510},{"sectionNumber":"sec.292","sectionType":"section","heading":"Orders","content":"### sec.292 Orders\n\nThis section applies if—\nunder a corresponding prior Act of a participating jurisdiction, an adjudication body had, at the end of a proceeding before the adjudication body about a health practitioner’s practice or conduct, ordered the health practitioner to do, or refrain from doing, something; and\nimmediately before the participation day, the order was still in force.\nFrom the participation day, the order continues in force as if it had been made under this Law.\nIn this section—\nadjudication body means a court, tribunal, panel or local registration authority.\n(sec.292-ssec.1) This section applies if— under a corresponding prior Act of a participating jurisdiction, an adjudication body had, at the end of a proceeding before the adjudication body about a health practitioner’s practice or conduct, ordered the health practitioner to do, or refrain from doing, something; and immediately before the participation day, the order was still in force.\n(sec.292-ssec.2) From the participation day, the order continues in force as if it had been made under this Law.\n(sec.292-ssec.3) In this section— adjudication body means a court, tribunal, panel or local registration authority.\n- (a) under a corresponding prior Act of a participating jurisdiction, an adjudication body had, at the end of a proceeding before the adjudication body about a health practitioner’s practice or conduct, ordered the health practitioner to do, or refrain from doing, something; and\n- (b) immediately before the participation day, the order was still in force.","sortOrder":511},{"sectionNumber":"sec.293","sectionType":"section","heading":"List of approved persons","content":"### sec.293 List of approved persons\n\nThis section applies if, immediately before the participation day for a participating jurisdiction, a person was appointed as a member of a list of persons approved to be appointed as members of a body that exercised functions that correspond to a panel for a health profession.\nFrom the participation day, the person is taken to have been appointed by the National Board established for the health profession to the list kept by that Board under section 183.\n(sec.293-ssec.1) This section applies if, immediately before the participation day for a participating jurisdiction, a person was appointed as a member of a list of persons approved to be appointed as members of a body that exercised functions that correspond to a panel for a health profession.\n(sec.293-ssec.2) From the participation day, the person is taken to have been appointed by the National Board established for the health profession to the list kept by that Board under section 183.","sortOrder":512},{"sectionNumber":"sch-inc-pt.12-div.14","sectionType":"division","heading":"Local registration authority","content":"## Local registration authority","sortOrder":513},{"sectionNumber":"sec.294","sectionType":"section","heading":"Definition","content":"### sec.294 Definition\n\nIn this Division—\ntransfer day , for a participating jurisdiction, means—\nfor a health profession other than a relevant health profession—\n1 July 2010; or\nthe later day on which the jurisdiction became a participating jurisdiction; or\nfor a relevant health profession, 1 July 2012.\n- (a) for a health profession other than a relevant health profession— (i) 1 July 2010; or (ii) the later day on which the jurisdiction became a participating jurisdiction; or\n- (i) 1 July 2010; or\n- (ii) the later day on which the jurisdiction became a participating jurisdiction; or\n- (b) for a relevant health profession, 1 July 2012.\n- (i) 1 July 2010; or\n- (ii) the later day on which the jurisdiction became a participating jurisdiction; or","sortOrder":514},{"sectionNumber":"sec.295","sectionType":"section","heading":"Assets and liabilities","content":"### sec.295 Assets and liabilities\n\nFrom the transfer day for a participating jurisdiction—\nthe assets and liabilities of a local registration authority for a health profession in a participating jurisdiction are taken to be assets and liabilities of the National Agency and are to be paid into or out of the account kept in the Agency Fund for the National Board established for the profession; and\nany contract, other than an employment contract, entered into by or on behalf of the local registration authority and all guarantees, undertakings and securities given by or on behalf of the authority, in force immediately before the participation day, are taken to have been entered into or given by or to the National Agency and may be enforced against or by the Agency; and\nany property that, immediately before the participation day, was held on trust, or subject to a condition, by the local registration authority continues to be held by the National Agency on the same trust, or subject to the same condition and is to be paid into the account kept in the Agency Fund for the National Board.\nIn this section—\nemployment contract means either of the following under which a person is employed—\na contract of employment;\na contract for services.\n(sec.295-ssec.1) From the transfer day for a participating jurisdiction— the assets and liabilities of a local registration authority for a health profession in a participating jurisdiction are taken to be assets and liabilities of the National Agency and are to be paid into or out of the account kept in the Agency Fund for the National Board established for the profession; and any contract, other than an employment contract, entered into by or on behalf of the local registration authority and all guarantees, undertakings and securities given by or on behalf of the authority, in force immediately before the participation day, are taken to have been entered into or given by or to the National Agency and may be enforced against or by the Agency; and any property that, immediately before the participation day, was held on trust, or subject to a condition, by the local registration authority continues to be held by the National Agency on the same trust, or subject to the same condition and is to be paid into the account kept in the Agency Fund for the National Board.\n(sec.295-ssec.2) In this section— employment contract means either of the following under which a person is employed— a contract of employment; a contract for services.\n- (a) the assets and liabilities of a local registration authority for a health profession in a participating jurisdiction are taken to be assets and liabilities of the National Agency and are to be paid into or out of the account kept in the Agency Fund for the National Board established for the profession; and\n- (b) any contract, other than an employment contract, entered into by or on behalf of the local registration authority and all guarantees, undertakings and securities given by or on behalf of the authority, in force immediately before the participation day, are taken to have been entered into or given by or to the National Agency and may be enforced against or by the Agency; and\n- (c) any property that, immediately before the participation day, was held on trust, or subject to a condition, by the local registration authority continues to be held by the National Agency on the same trust, or subject to the same condition and is to be paid into the account kept in the Agency Fund for the National Board.\n- (a) a contract of employment;\n- (b) a contract for services.","sortOrder":515},{"sectionNumber":"sec.296","sectionType":"section","heading":"Records relating to registration and accreditation","content":"### sec.296 Records relating to registration and accreditation\n\nThis section applies to a record of a local registration authority for a health profession in a participating jurisdiction that relates to the authority’s functions in relation to the following—\nthe registration of individuals;\ncomplaints and notifications about, and proceedings against, individuals who are or were registered;\naccreditation of courses that qualify individuals for registration.\nFrom the transfer day for the participating jurisdiction, the record is taken to be a record of the National Board for the health profession.\n(sec.296-ssec.1) This section applies to a record of a local registration authority for a health profession in a participating jurisdiction that relates to the authority’s functions in relation to the following— the registration of individuals; complaints and notifications about, and proceedings against, individuals who are or were registered; accreditation of courses that qualify individuals for registration.\n(sec.296-ssec.2) From the transfer day for the participating jurisdiction, the record is taken to be a record of the National Board for the health profession.\n- (a) the registration of individuals;\n- (b) complaints and notifications about, and proceedings against, individuals who are or were registered;\n- (c) accreditation of courses that qualify individuals for registration.","sortOrder":516},{"sectionNumber":"sec.297","sectionType":"section","heading":"Financial and administrative records","content":"### sec.297 Financial and administrative records\n\nThis section applies to a record of a local registration authority in a participating jurisdiction that relates to the authority’s financial or administrative functions.\nFrom the transfer day for the participating jurisdiction, the record is taken to be a record of the National Agency.\n(sec.297-ssec.1) This section applies to a record of a local registration authority in a participating jurisdiction that relates to the authority’s financial or administrative functions.\n(sec.297-ssec.2) From the transfer day for the participating jurisdiction, the record is taken to be a record of the National Agency.","sortOrder":517},{"sectionNumber":"sec.298","sectionType":"section","heading":"Pharmacy businesses and premises","content":"### sec.298 Pharmacy businesses and premises\n\nSections 295 to 297 do not apply to an asset, liability, contract, property or record of a local registration authority that relates to the regulation of a pharmacy business, pharmacy premises, a pharmacy department or any other pharmacy-related entity that is not an individual.","sortOrder":518},{"sectionNumber":"sec.299","sectionType":"section","heading":"Members of local registration authority","content":"### sec.299 Members of local registration authority\n\nThis section applies if, in anticipation of a jurisdiction becoming a participating jurisdiction, a National Board established for a health profession establishes a State or Territory Board for the jurisdiction.\nA person who, immediately before the State or Territory Board was established, was a member of the local registration authority for the profession in the participating jurisdiction is taken to be a member of the State or Territory Board.\nSection 36(5) and (6) do not apply to the membership of a State or Territory Board for a jurisdiction for 12 months after the jurisdiction becomes a participating jurisdiction.\nSection 36(5) and (6) provide requirements for the number of practitioner members and community members required by a State or Territory Board.\n(sec.299-ssec.1) This section applies if, in anticipation of a jurisdiction becoming a participating jurisdiction, a National Board established for a health profession establishes a State or Territory Board for the jurisdiction.\n(sec.299-ssec.2) A person who, immediately before the State or Territory Board was established, was a member of the local registration authority for the profession in the participating jurisdiction is taken to be a member of the State or Territory Board.\n(sec.299-ssec.3) Section 36(5) and (6) do not apply to the membership of a State or Territory Board for a jurisdiction for 12 months after the jurisdiction becomes a participating jurisdiction. Section 36(5) and (6) provide requirements for the number of practitioner members and community members required by a State or Territory Board.","sortOrder":519},{"sectionNumber":"sch-inc-pt.12-div.15","sectionType":"division","heading":"Staged commencement for certain health professions","content":"## Staged commencement for certain health professions","sortOrder":520},{"sectionNumber":"sec.300","sectionType":"section","heading":"Application of Law to relevant health profession between commencement and 1 July 2012","content":"### sec.300 Application of Law to relevant health profession between commencement and 1 July 2012\n\nThis Law does not apply with respect to a relevant health profession during the period starting on the commencement day and ending on 30 June 2011.\nThe following Parts of this Law do not apply with respect to a relevant health profession during the period starting on 1 July 2011 and ending on 30 June 2012—\nPart 7, other than Division 10;\nParts 8 to 11.\nDespite subsection (2)(a), a person does not commit an offence against a provision of Division 10 of Part 7 merely because, before 1 July 2012, the person—\ntakes or uses a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate that the person is authorised or qualified to practise in a relevant health profession; or\nuses a title that is listed in the Table to section 113 opposite a relevant health profession.\n(sec.300-ssec.1) This Law does not apply with respect to a relevant health profession during the period starting on the commencement day and ending on 30 June 2011.\n(sec.300-ssec.2) The following Parts of this Law do not apply with respect to a relevant health profession during the period starting on 1 July 2011 and ending on 30 June 2012— Part 7, other than Division 10; Parts 8 to 11.\n(sec.300-ssec.3) Despite subsection (2)(a), a person does not commit an offence against a provision of Division 10 of Part 7 merely because, before 1 July 2012, the person— takes or uses a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate that the person is authorised or qualified to practise in a relevant health profession; or uses a title that is listed in the Table to section 113 opposite a relevant health profession.\n- (a) Part 7, other than Division 10;\n- (b) Parts 8 to 11.\n- (a) takes or uses a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate that the person is authorised or qualified to practise in a relevant health profession; or\n- (b) uses a title that is listed in the Table to section 113 opposite a relevant health profession.","sortOrder":521},{"sectionNumber":"sec.301","sectionType":"section","heading":"Ministerial Council may appoint external accreditation entity","content":"### sec.301 Ministerial Council may appoint external accreditation entity\n\nThe Ministerial Council may appoint an entity, other than a committee established by a National Board, to exercise an accreditation function for a relevant health profession.\nWithout limiting subsection (1), an entity that accredited courses for the purposes of registration in a relevant health profession under a corresponding prior Act may be appointed to exercise an accreditation function for the profession under this Law.\nThe National Board established for the health profession must, not later than 1 July 2015, review the arrangements for the exercise of the accreditation functions for the health profession.\nThe National Board must ensure the process for the review includes wide-ranging consultation about the arrangements for the exercise of the accreditation functions.\nIf an entity is appointed under subsection (1) to exercise an accreditation function for a health profession, the National Board established for the profession must not, before 1 July 2015, end that entity’s appointment.\n(sec.301-ssec.1) The Ministerial Council may appoint an entity, other than a committee established by a National Board, to exercise an accreditation function for a relevant health profession.\n(sec.301-ssec.2) Without limiting subsection (1), an entity that accredited courses for the purposes of registration in a relevant health profession under a corresponding prior Act may be appointed to exercise an accreditation function for the profession under this Law.\n(sec.301-ssec.3) The National Board established for the health profession must, not later than 1 July 2015, review the arrangements for the exercise of the accreditation functions for the health profession.\n(sec.301-ssec.4) The National Board must ensure the process for the review includes wide-ranging consultation about the arrangements for the exercise of the accreditation functions.\n(sec.301-ssec.5) If an entity is appointed under subsection (1) to exercise an accreditation function for a health profession, the National Board established for the profession must not, before 1 July 2015, end that entity’s appointment.","sortOrder":522},{"sectionNumber":"sec.302","sectionType":"section","heading":"Application of Law to appointment of first National Board for relevant professions","content":"### sec.302 Application of Law to appointment of first National Board for relevant professions\n\nDespite section 34(2), a person is eligible for appointment as a practitioner member of the first National Board for a relevant health profession if the person—\nis registered in the profession under a law of a participating jurisdiction; or\nholds a qualification that entitles the person to registration in the profession under a law of a participating jurisdiction; or\nis otherwise eligible to apply for or hold registration in the profession under the law of a participating jurisdiction.\n- (a) is registered in the profession under a law of a participating jurisdiction; or\n- (b) holds a qualification that entitles the person to registration in the profession under a law of a participating jurisdiction; or\n- (c) is otherwise eligible to apply for or hold registration in the profession under the law of a participating jurisdiction.","sortOrder":523},{"sectionNumber":"sec.303","sectionType":"section","heading":"Qualifications for general registration in relevant profession","content":"### sec.303 Qualifications for general registration in relevant profession\n\nFor the purposes of section 52(1)(a), an individual who applies for registration in a relevant health profession before 1 July 2015 is qualified for general registration in the profession if the individual—\nholds a qualification or has completed training in the profession, whether in a participating jurisdiction or elsewhere, that the National Board established for the profession considers is adequate for the purposes of practising the profession; or\nholds a qualification or has completed training in the profession, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Board for the purposes of this section; or\nhas practised the profession at any time between 1 July 2002 and 30 June 2012 for a consecutive period of 5 years or for any periods which together amount to 5 years.\nThis section applies despite section 53.\n(sec.303-ssec.1) For the purposes of section 52(1)(a), an individual who applies for registration in a relevant health profession before 1 July 2015 is qualified for general registration in the profession if the individual— holds a qualification or has completed training in the profession, whether in a participating jurisdiction or elsewhere, that the National Board established for the profession considers is adequate for the purposes of practising the profession; or holds a qualification or has completed training in the profession, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Board for the purposes of this section; or has practised the profession at any time between 1 July 2002 and 30 June 2012 for a consecutive period of 5 years or for any periods which together amount to 5 years.\n(sec.303-ssec.2) This section applies despite section 53.\n- (a) holds a qualification or has completed training in the profession, whether in a participating jurisdiction or elsewhere, that the National Board established for the profession considers is adequate for the purposes of practising the profession; or\n- (b) holds a qualification or has completed training in the profession, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Board for the purposes of this section; or\n- (c) has practised the profession at any time between 1 July 2002 and 30 June 2012 for a consecutive period of 5 years or for any periods which together amount to 5 years.","sortOrder":524},{"sectionNumber":"sec.304","sectionType":"section","heading":"Relationship with other provisions of Law","content":"### sec.304 Relationship with other provisions of Law\n\nThis Division applies despite any other provision of this Law but does not affect the operation of clause 30 of Schedule 7.","sortOrder":525},{"sectionNumber":"sch-inc-pt.12-div.16","sectionType":"division","heading":null,"content":"","sortOrder":526},{"sectionNumber":"sec.305","sectionType":"section","heading":null,"content":"### Section sec.305\n\nsch s 305 exp 30 June 2015 (see s 305(3))\nom 2022 No. 22 s 126","sortOrder":527},{"sectionNumber":"sch-inc-pt.13","sectionType":"part","heading":"Transitional and other provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017","content":"# Transitional and other provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017","sortOrder":528},{"sectionNumber":"sch-inc-pt.13-div.1","sectionType":"division","heading":"Paramedicine Board and registration of paramedics","content":"## Paramedicine Board and registration of paramedics","sortOrder":529},{"sectionNumber":"sec.306","sectionType":"section","heading":"Definitions","content":"### sec.306 Definitions\n\nIn this division—\nAmbulance Service of New South Wales , for the issue of a Diploma of Paramedical Science, includes another entity prescribed by regulation for issuing the diploma.\nDiploma of Paramedical Science see section 312(5).\nParamedicine Board means—\nthe Paramedicine Board of Australia established under section 307; or\nthe Board continued in force on the participation day by a regulation made under section 31; or\nif, after the participation day, the Paramedicine Board is dissolved and replaced by another Board established for the health profession of paramedicine by a regulation made under section 31—the other Board.\nparticipation day means a day prescribed by regulation after which an individual may be registered in paramedicine under this Law.\nrelevant day means the day that is 3 years after the participation day.\nsch s 306 ins 2017 No. 32 s 52\n- (a) the Paramedicine Board of Australia established under section 307; or\n- (b) the Board continued in force on the participation day by a regulation made under section 31; or\n- (c) if, after the participation day, the Paramedicine Board is dissolved and replaced by another Board established for the health profession of paramedicine by a regulation made under section 31—the other Board.","sortOrder":530},{"sectionNumber":"sec.307","sectionType":"section","heading":"Establishment of Paramedicine Board","content":"### sec.307 Establishment of Paramedicine Board\n\nThe Paramedicine Board of Australia is established as a National Health Practitioner Board for the health profession of paramedicine.\nThe Board—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\nThe Board represents the State.\nThis section applies until the Board is continued in force by a regulation made under section 31.\nsch s 307 ins 2017 No. 32 s 52\n(sec.307-ssec.1) The Paramedicine Board of Australia is established as a National Health Practitioner Board for the health profession of paramedicine.\n(sec.307-ssec.2) The Board— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.\n(sec.307-ssec.3) The Board represents the State.\n(sec.307-ssec.4) This section applies until the Board is continued in force by a regulation made under section 31.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":531},{"sectionNumber":"sec.308","sectionType":"section","heading":"Powers and functions of Paramedicine Board","content":"### sec.308 Powers and functions of Paramedicine Board\n\nSections 32, 33, 34, 37, 40, 234 and schedule 4 apply to the Paramedicine Board until the participation day.\nHowever, for section 34, the Ministerial Council may, until the participation day, appoint as practitioner members persons who the Council is satisfied have skills and experience in paramedicine relevant to the Board’s functions.\nThe Paramedicine Board may perform the following functions until the participation day—\ndevelop and recommend one or more registration standards to the Ministerial Council under section 38 for its approval under section 12;\ndevelop and approve codes and guidelines under section 39;\ndecide the day after which individuals may apply for registration in paramedicine;\ndo anything under part 6 in relation to accreditation for paramedicine;\ndo anything under part 7 to register individuals in paramedicine;\nanything else the Board may do under this division.\nsch s 308 ins 2017 No. 32 s 52\n(sec.308-ssec.1) Sections 32, 33, 34, 37, 40, 234 and schedule 4 apply to the Paramedicine Board until the participation day.\n(sec.308-ssec.2) However, for section 34, the Ministerial Council may, until the participation day, appoint as practitioner members persons who the Council is satisfied have skills and experience in paramedicine relevant to the Board’s functions.\n(sec.308-ssec.3) The Paramedicine Board may perform the following functions until the participation day— develop and recommend one or more registration standards to the Ministerial Council under section 38 for its approval under section 12; develop and approve codes and guidelines under section 39; decide the day after which individuals may apply for registration in paramedicine; do anything under part 6 in relation to accreditation for paramedicine; do anything under part 7 to register individuals in paramedicine; anything else the Board may do under this division.\n- (a) develop and recommend one or more registration standards to the Ministerial Council under section 38 for its approval under section 12;\n- (b) develop and approve codes and guidelines under section 39;\n- (c) decide the day after which individuals may apply for registration in paramedicine;\n- (d) do anything under part 6 in relation to accreditation for paramedicine;\n- (e) do anything under part 7 to register individuals in paramedicine;\n- (f) anything else the Board may do under this division.","sortOrder":532},{"sectionNumber":"sec.309","sectionType":"section","heading":"Paramedicine Board taken to be a National Board for stated matters","content":"### sec.309 Paramedicine Board taken to be a National Board for stated matters\n\nThe Paramedicine Board is taken to be a National Board for the following provisions of this Law until the participation day—\npart 2;\npart 4;\npart 9;\npart 10, except for division 3;\nsection 236.\nsch s 309 ins 2017 No. 32 s 52\n- (a) part 2;\n- (b) part 4;\n- (c) part 9;\n- (d) part 10, except for division 3;\n- (e) section 236.","sortOrder":533},{"sectionNumber":"sec.310","sectionType":"section","heading":"CAA accredited programs of study","content":"### sec.310 CAA accredited programs of study\n\nThe Paramedicine Board may, until the relevant day, approve, or refuse to approve, a CAA accredited program of study as providing a qualification for the purposes of registration in paramedicine.\nAn approval of a program of study under subsection (1)—\nmay be granted subject to the conditions the Board considers necessary or desirable in the circumstances; and\ndoes not take effect until the program is included in the list published under subsection (3).\nA program of study approved by the Board under subsection (1) must—\nbe published in a list on the National Agency’s website; and\ninclude, for each program of study, the name of the education provider that provides the program.\nA program of study approved under this section is taken to be an approved program of study for this Law.\nThis section applies despite section 49(1).\nIn this section—\nCAA accredited program of study means a program of study accredited by the Council of Ambulance Authorities Inc. and published on the Council’s website—\nimmediately before the commencement; or\nbetween the commencement and the participation day.\nsch s 310 ins 2017 No. 32 s 52\n(sec.310-ssec.1) The Paramedicine Board may, until the relevant day, approve, or refuse to approve, a CAA accredited program of study as providing a qualification for the purposes of registration in paramedicine.\n(sec.310-ssec.2) An approval of a program of study under subsection (1)— may be granted subject to the conditions the Board considers necessary or desirable in the circumstances; and does not take effect until the program is included in the list published under subsection (3).\n(sec.310-ssec.3) A program of study approved by the Board under subsection (1) must— be published in a list on the National Agency’s website; and include, for each program of study, the name of the education provider that provides the program.\n(sec.310-ssec.4) A program of study approved under this section is taken to be an approved program of study for this Law.\n(sec.310-ssec.5) This section applies despite section 49(1).\n(sec.310-ssec.6) In this section— CAA accredited program of study means a program of study accredited by the Council of Ambulance Authorities Inc. and published on the Council’s website— immediately before the commencement; or between the commencement and the participation day.\n- (a) may be granted subject to the conditions the Board considers necessary or desirable in the circumstances; and\n- (b) does not take effect until the program is included in the list published under subsection (3).\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 provider that provides the program.\n- (a) immediately before the commencement; or\n- (b) between the commencement and the participation day.","sortOrder":534},{"sectionNumber":"sec.311","sectionType":"section","heading":"Qualifications for general registration in paramedicine for a limited period","content":"### sec.311 Qualifications for general registration in paramedicine for a limited period\n\nFor the purposes of section 52(1)(a), an individual who applies for registration in paramedicine before the relevant day is qualified for general registration in paramedicine if the individual—\nholds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, that the Paramedicine Board considers is adequate for the purposes of practising the profession; or\nholds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Paramedicine Board for the purposes of this section; or\nhas practised paramedicine during the 10 years before the participation day for a consecutive period of 5 years or for any periods which together amount to 5 years and satisfies the Paramedicine Board that he or she is competent to practise paramedicine.\nThis section applies despite section 53.\nsch s 311 ins 2017 No. 32 s 52\n(sec.311-ssec.1) For the purposes of section 52(1)(a), an individual who applies for registration in paramedicine before the relevant day is qualified for general registration in paramedicine if the individual— holds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, that the Paramedicine Board considers is adequate for the purposes of practising the profession; or holds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Paramedicine Board for the purposes of this section; or has practised paramedicine during the 10 years before the participation day for a consecutive period of 5 years or for any periods which together amount to 5 years and satisfies the Paramedicine Board that he or she is competent to practise paramedicine.\n(sec.311-ssec.2) This section applies despite section 53.\n- (a) holds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, that the Paramedicine Board considers is adequate for the purposes of practising the profession; or\n- (b) holds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Paramedicine Board for the purposes of this section; or\n- (c) has practised paramedicine during the 10 years before the participation day for a consecutive period of 5 years or for any periods which together amount to 5 years and satisfies the Paramedicine Board that he or she is competent to practise paramedicine.","sortOrder":535},{"sectionNumber":"sec.312","sectionType":"section","heading":"Accepted qualification for general registration in paramedicine","content":"### sec.312 Accepted qualification for general registration in paramedicine\n\nThis section applies to an individual who holds a Diploma of Paramedical Science issued by the Ambulance Service of New South Wales.\nThe individual is qualified for general registration in paramedicine for the purposes of section 52(1)(a).\nThis section applies despite section 53.\nNothing in this section makes a Diploma of Paramedical Science issued by the Ambulance Service of New South Wales an approved qualification for section 53(b).\nIn this section—\nDiploma of Paramedical Science means any of the following—\na Diploma of Paramedical Science;\na Diploma of Paramedical Science (Ambulance) or an Advanced Diploma of Paramedical Science (Ambulance);\na Diploma in Paramedical Science (Pre-Hospital Care) or an Advanced Diploma Paramedical Sciences (Pre-Hospital Care);\na qualification—\nthat has replaced the diploma mentioned in paragraph (a) and is prescribed by regulation; and\nissued by the Ambulance Service of New South Wales.\nsch s 312 ins 2017 No. 32 s 52\n(sec.312-ssec.1) This section applies to an individual who holds a Diploma of Paramedical Science issued by the Ambulance Service of New South Wales.\n(sec.312-ssec.2) The individual is qualified for general registration in paramedicine for the purposes of section 52(1)(a).\n(sec.312-ssec.3) This section applies despite section 53.\n(sec.312-ssec.4) Nothing in this section makes a Diploma of Paramedical Science issued by the Ambulance Service of New South Wales an approved qualification for section 53(b).\n(sec.312-ssec.5) In this section— Diploma of Paramedical Science means any of the following— a Diploma of Paramedical Science; a Diploma of Paramedical Science (Ambulance) or an Advanced Diploma of Paramedical Science (Ambulance); a Diploma in Paramedical Science (Pre-Hospital Care) or an Advanced Diploma Paramedical Sciences (Pre-Hospital Care); a qualification— that has replaced the diploma mentioned in paragraph (a) and is prescribed by regulation; and issued by the Ambulance Service of New South Wales.\n- (a) a Diploma of Paramedical Science;\n- (b) a Diploma of Paramedical Science (Ambulance) or an Advanced Diploma of Paramedical Science (Ambulance);\n- (c) a Diploma in Paramedical Science (Pre-Hospital Care) or an Advanced Diploma Paramedical Sciences (Pre-Hospital Care);\n- (d) a qualification— (i) that has replaced the diploma mentioned in paragraph (a) and is prescribed by regulation; and (ii) issued by the Ambulance Service of New South Wales.\n- (i) that has replaced the diploma mentioned in paragraph (a) and is prescribed by regulation; and\n- (ii) issued by the Ambulance Service of New South Wales.\n- (i) that has replaced the diploma mentioned in paragraph (a) and is prescribed by regulation; and\n- (ii) issued by the Ambulance Service of New South Wales.","sortOrder":536},{"sectionNumber":"sec.313","sectionType":"section","heading":"Provisions that apply to student registration for Diploma of Paramedical Science","content":"### sec.313 Provisions that apply to student registration for Diploma of Paramedical Science\n\nA Diploma of Paramedical Science issued by the Ambulance Service of New South Wales is taken to be an approved program of study for Part 7, division 7, subdivisions 1 and 3.\nsch s 313 ins 2017 No. 32 s 52","sortOrder":537},{"sectionNumber":"sec.314","sectionType":"section","heading":"Applications for registration in paramedicine and period of registration","content":"### sec.314 Applications for registration in paramedicine and period of registration\n\nAn individual may apply to the Paramedicine Board for registration in paramedicine—\nbefore the participation day; and\nafter the day decided by the Board under section 308(3)(c).\nSubsection (3) applies if an individual applies for registration in paramedicine under subsection (1) and the Board grants the application under part 7.\nDespite section 56, the registration period—\ndoes not start until the participation day; and\nmay be a period of not more than 2 years decided by the Board.\nsch s 314 ins 2017 No. 32 s 52\n(sec.314-ssec.1) An individual may apply to the Paramedicine Board for registration in paramedicine— before the participation day; and after the day decided by the Board under section 308(3)(c).\n(sec.314-ssec.2) Subsection (3) applies if an individual applies for registration in paramedicine under subsection (1) and the Board grants the application under part 7.\n(sec.314-ssec.3) Despite section 56, the registration period— does not start until the participation day; and may be a period of not more than 2 years decided by the Board.\n- (a) before the participation day; and\n- (b) after the day decided by the Board under section 308(3)(c).\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.","sortOrder":538},{"sectionNumber":"sec.315","sectionType":"section","heading":"Applications for registration in paramedicine made but not decided before participation day","content":"### sec.315 Applications for registration in paramedicine made but not decided before participation day\n\nThis section applies if—\nbefore the participation day an individual applies to the Paramedicine Board for registration in paramedicine; and\nthe application is not decided by the Board by the participation day; and\nwhile the application for registration is being decided, the individual takes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116.\nThe individual does not commit an offence against section 113 or 116 while the application is being decided.\nSee section 85 for when an application not decided by a National Board is taken to be a decision to refuse the application.\nsch s 315 ins 2017 No. 32 s 52\n(sec.315-ssec.1) This section applies if— before the participation day an individual applies to the Paramedicine Board for registration in paramedicine; and the application is not decided by the Board by the participation day; and while the application for registration is being decided, the individual takes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116.\n(sec.315-ssec.2) The individual does not commit an offence against section 113 or 116 while the application is being decided. See section 85 for when an application not decided by a National Board is taken to be a decision to refuse the application.\n- (a) before the participation day an individual applies to the Paramedicine Board for registration in paramedicine; and\n- (b) the application is not decided by the Board by the participation day; and\n- (c) while the application for registration is being decided, the individual takes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116.","sortOrder":539},{"sectionNumber":"sec.316","sectionType":"section","heading":"Period after participation day during which an individual does not commit an offence under ss 113 and 116","content":"### sec.316 Period after participation day during which an individual does not commit an offence under ss 113 and 116\n\nThis section applies if an individual eligible for registration in paramedicine—\nhas not applied to the Paramedicine Board for registration in paramedicine before the participation day; and\ntakes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116.\nAn individual may be qualified for general registration in paramedicine under section 311 or 312.\nThe individual does not commit an offence against section 113 or 116 during the period of 90 days after the participation day.\nsch s 316 ins 2017 No. 32 s 52\n(sec.316-ssec.1) This section applies if an individual eligible for registration in paramedicine— has not applied to the Paramedicine Board for registration in paramedicine before the participation day; and takes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116. An individual may be qualified for general registration in paramedicine under section 311 or 312.\n(sec.316-ssec.2) The individual does not commit an offence against section 113 or 116 during the period of 90 days after the participation day.\n- (a) has not applied to the Paramedicine Board for registration in paramedicine before the participation day; and\n- (b) takes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116.","sortOrder":540},{"sectionNumber":"sec.317","sectionType":"section","heading":"Application of ss 113 and 116 to individual temporarily practising paramedicine in another jurisdiction","content":"### sec.317 Application of ss 113 and 116 to individual temporarily practising paramedicine in another jurisdiction\n\nThis section applies to an individual who—\nusually practises paramedicine in a participating jurisdiction that has yet to enact a law that substantially corresponds with the provisions of this law about paramedicine; and\ntemporarily takes or uses a title or does anything else, relating to paramedicine in another jurisdiction, that would contravene section 113 or 116; and\ncomplies with any regulation made under this Law about temporarily taking or using a title or doing anything else, relating to paramedicine in another jurisdiction.\nThe individual does not commit an offence against section 113 or 116.\nIn this section—\nanother jurisdiction means a participating jurisdiction in which the provisions of this Law about paramedicine apply.\nsch s 317 ins 2017 No. 32 s 52\n(sec.317-ssec.1) This section applies to an individual who— usually practises paramedicine in a participating jurisdiction that has yet to enact a law that substantially corresponds with the provisions of this law about paramedicine; and temporarily takes or uses a title or does anything else, relating to paramedicine in another jurisdiction, that would contravene section 113 or 116; and complies with any regulation made under this Law about temporarily taking or using a title or doing anything else, relating to paramedicine in another jurisdiction.\n(sec.317-ssec.2) The individual does not commit an offence against section 113 or 116.\n(sec.317-ssec.3) In this section— another jurisdiction means a participating jurisdiction in which the provisions of this Law about paramedicine apply.\n- (a) usually practises paramedicine in a participating jurisdiction that has yet to enact a law that substantially corresponds with the provisions of this law about paramedicine; and\n- (b) temporarily takes or uses a title or does anything else, relating to paramedicine in another jurisdiction, that would contravene section 113 or 116; and\n- (c) complies with any regulation made under this Law about temporarily taking or using a title or doing anything else, relating to paramedicine in another jurisdiction.","sortOrder":541},{"sectionNumber":"sch-inc-pt.13-div.2","sectionType":"division","heading":"Other transitional provisions","content":"## Other transitional provisions","sortOrder":542},{"sectionNumber":"sec.318","sectionType":"section","heading":"Deciding review period for decision on application made under section 125 before commencement","content":"### sec.318 Deciding review period for decision on application made under section 125 before commencement\n\nThis section applies if—\nbefore the commencement, a registered health practitioner or student applied to a National Board under section 125 to change or remove a condition or change or revoke an undertaking; and\nimmediately before the commencement, the application had not been decided by the Board; and\nafter the commencement, the Board’s decision results in a registration or endorsement being subject to a condition, or an undertaking is still in place.\nThe National Board may decide a review period for the condition or undertaking under section 125(5A) and give the registered health practitioner or student notice under section 125(6).\nsch s 318 ins 2017 No. 32 s 52\n(sec.318-ssec.1) This section applies if— before the commencement, a registered health practitioner or student applied to a National Board under section 125 to change or remove a condition or change or revoke an undertaking; and immediately before the commencement, the application had not been decided by the Board; and after the commencement, the Board’s decision results in a registration or endorsement being subject to a condition, or an undertaking is still in place.\n(sec.318-ssec.2) The National Board may decide a review period for the condition or undertaking under section 125(5A) and give the registered health practitioner or student notice under section 125(6).\n- (a) before the commencement, a registered health practitioner or student applied to a National Board under section 125 to change or remove a condition or change or revoke an undertaking; and\n- (b) immediately before the commencement, the application had not been decided by the Board; and\n- (c) after the commencement, the Board’s decision results in a registration or endorsement being subject to a condition, or an undertaking is still in place.","sortOrder":543},{"sectionNumber":"sec.319","sectionType":"section","heading":"Deciding review period for decision after notice given under section 126 before commencement","content":"### sec.319 Deciding review period for decision after notice given under section 126 before commencement\n\nThis section applies if—\nbefore the commencement, a National Board had given notice to a registered health practitioner or student under section 126 about changing a condition on the practitioner’s or student’s registration; and\nimmediately before the commencement the Board had not made a decision in relation to the matter; and\nafter the commencement, the Board’s decision results in the practitioner’s or student’s registration being subject to a condition.\nThe National Board may decide a review period for the condition under section 126(5A) and give the registered health practitioner or student notice under section 126(6).\nsch s 319 ins 2017 No. 32 s 52\n(sec.319-ssec.1) This section applies if— before the commencement, a National Board had given notice to a registered health practitioner or student under section 126 about changing a condition on the practitioner’s or student’s registration; and immediately before the commencement the Board had not made a decision in relation to the matter; and after the commencement, the Board’s decision results in the practitioner’s or student’s registration being subject to a condition.\n(sec.319-ssec.2) The National Board may decide a review period for the condition under section 126(5A) and give the registered health practitioner or student notice under section 126(6).\n- (a) before the commencement, a National Board had given notice to a registered health practitioner or student under section 126 about changing a condition on the practitioner’s or student’s registration; and\n- (b) immediately before the commencement the Board had not made a decision in relation to the matter; and\n- (c) after the commencement, the Board’s decision results in the practitioner’s or student’s registration being subject to a condition.","sortOrder":544},{"sectionNumber":"sec.320","sectionType":"section","heading":"Membership of continued National Boards","content":"### sec.320 Membership of continued National Boards\n\nThis section applies if—\na person holds office as a member of a National Board immediately before the commencement; and\nthe Board is continued in force after the commencement (the continued Board ) by a regulation made under section 31.\nThe person continues to hold office as a member of the continued Board after the commencement—\non the terms and conditions that applied to the person’s appointment before commencement; and\nuntil the office of the member becomes vacant under this Law.\nAlso, a person who is Chairperson of a National Board immediately before the commencement continues to hold office as Chairperson of the continued Board after the commencement.\nSubsection (5) applies if the process for appointing a person as a member of a National Board is started but not completed before the commencement.\nThe process may continue after the commencement and the person may be appointed as a member of the continued Board.\nsch s 320 ins 2017 No. 32 s 52\n(sec.320-ssec.1) This section applies if— a person holds office as a member of a National Board immediately before the commencement; and the Board is continued in force after the commencement (the continued Board ) by a regulation made under section 31.\n(sec.320-ssec.2) The person continues to hold office as a member of the continued Board after the commencement— on the terms and conditions that applied to the person’s appointment before commencement; and until the office of the member becomes vacant under this Law.\n(sec.320-ssec.3) Also, a person who is Chairperson of a National Board immediately before the commencement continues to hold office as Chairperson of the continued Board after the commencement.\n(sec.320-ssec.4) Subsection (5) applies if the process for appointing a person as a member of a National Board is started but not completed before the commencement.\n(sec.320-ssec.5) The process may continue after the commencement and the person may be appointed as a member of the continued Board.\n- (a) a person holds office as a member of a National Board immediately before the commencement; and\n- (b) the Board is continued in force after the commencement (the continued Board ) by a regulation made under section 31.\n- (a) on the terms and conditions that applied to the person’s appointment before commencement; and\n- (b) until the office of the member becomes vacant under this Law.","sortOrder":545},{"sectionNumber":"sec.321","sectionType":"section","heading":"Offences relating to prohibition orders made before commencement","content":"### sec.321 Offences relating to prohibition orders made before commencement\n\nSection 196A also applies to a prohibition order made before the commencement.\nsch s 321 ins 2017 No. 32 s 52","sortOrder":546},{"sectionNumber":"sec.322","sectionType":"section","heading":"Register to include prohibition orders made before commencement","content":"### sec.322 Register to include prohibition orders made before commencement\n\nFor section 222(4)(b) and section 223(b), a National Board may also record in the register the names of persons subject to a prohibition order made before the commencement.\nAlso, for section 227(b), a National Board may also include in the register copies of prohibition orders made before the commencement.\nsch s 322 ins 2017 No. 32 s 52\n(sec.322-ssec.1) For section 222(4)(b) and section 223(b), a National Board may also record in the register the names of persons subject to a prohibition order made before the commencement.\n(sec.322-ssec.2) Also, for section 227(b), a National Board may also include in the register copies of prohibition orders made before the commencement.","sortOrder":547},{"sectionNumber":"sec.323","sectionType":"section","heading":"Public national registers","content":"### sec.323 Public national registers\n\nThis section applies to a register kept under section 222 or 223 immediately before the commencement.\nThe register continues in force immediately after the commencement.\nsch s 323 ins 2017 No. 32 s 52\n(sec.323-ssec.1) This section applies to a register kept under section 222 or 223 immediately before the commencement.\n(sec.323-ssec.2) The register continues in force immediately after the commencement.","sortOrder":548},{"sectionNumber":"sch-inc-pt.14","sectionType":"part","heading":"Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022","content":"# Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022","sortOrder":549},{"sectionNumber":"sec.324","sectionType":"section","heading":"Renaming of Agency Management Committee","content":"### sec.324 Renaming of Agency Management Committee\n\nThe renaming of the Agency Management Committee by the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 does not affect the validity of an appointment of a person to the Committee before the renaming.\nIn this section—\nAgency Management Committee means the Australian Health Practitioner Regulation Agency Management Committee established by section 29, as in force immediately before the commencement of this section.\nsch s 324 ins 2022 No. 22 s 49\n(sec.324-ssec.1) The renaming of the Agency Management Committee by the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 does not affect the validity of an appointment of a person to the Committee before the renaming.\n(sec.324-ssec.2) In this section— Agency Management Committee means the Australian Health Practitioner Regulation Agency Management Committee established by section 29, as in force immediately before the commencement of this section.","sortOrder":550},{"sectionNumber":"sec.325","sectionType":"section","heading":"Saving of endorsement of midwife practitioner","content":"### sec.325 Saving of endorsement of midwife practitioner\n\nIf, immediately before the commencement of section 75 of the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 , a registered health practitioner’s registration was endorsed as being qualified to practise as a midwife practitioner, the practitioner may do any of the following as if section 96 had not been repealed—\nif the practitioner continues to comply with any approved registration standard relevant to the endorsement—continue to hold and renew the endorsement, subject to any conditions stated in the endorsement;\nwhile holding the endorsement, use the title “midwife practitioner” or otherwise hold himself or herself out as holding the endorsement.\nSection 119 continues to apply in relation to a claim by any other registered health practitioner to hold, or to be qualified to hold, an endorsement as a midwife practitioner as if section 96 had not been repealed.\nsch s 325 ins 2022 No. 22 s 77\n(sec.325-ssec.1) If, immediately before the commencement of section 75 of the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 , a registered health practitioner’s registration was endorsed as being qualified to practise as a midwife practitioner, the practitioner may do any of the following as if section 96 had not been repealed— if the practitioner continues to comply with any approved registration standard relevant to the endorsement—continue to hold and renew the endorsement, subject to any conditions stated in the endorsement; while holding the endorsement, use the title “midwife practitioner” or otherwise hold himself or herself out as holding the endorsement.\n(sec.325-ssec.2) Section 119 continues to apply in relation to a claim by any other registered health practitioner to hold, or to be qualified to hold, an endorsement as a midwife practitioner as if section 96 had not been repealed.\n- (a) if the practitioner continues to comply with any approved registration standard relevant to the endorsement—continue to hold and renew the endorsement, subject to any conditions stated in the endorsement;\n- (b) while holding the endorsement, use the title “midwife practitioner” or otherwise hold himself or herself out as holding the endorsement.","sortOrder":551},{"sectionNumber":"sch-inc-pt.15","sectionType":"part","heading":"Transitional provision for Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023","content":"# Transitional provision for Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023","sortOrder":552},{"sectionNumber":"sec.326","sectionType":"section","heading":"Application of ss 196A, 222, 223 and 227 to particular prohibition orders","content":"### sec.326 Application of ss 196A, 222, 223 and 227 to particular prohibition orders\n\nThis section applies in relation to a prohibition order that is—\na decision by a responsible tribunal of this jurisdiction under section 196(4)(c); or\na decision by a responsible tribunal of another participating jurisdiction under section 196(4)(c) as it applies in the other jurisdiction.\nSections 196A, 222, 223 and 227 apply in relation to the prohibition order even if the order was made before the commencement.\nsch s 326 ins 2023 No. 22 s 6\n(sec.326-ssec.1) This section applies in relation to a prohibition order that is— a decision by a responsible tribunal of this jurisdiction under section 196(4)(c); or a decision by a responsible tribunal of another participating jurisdiction under section 196(4)(c) as it applies in the other jurisdiction.\n(sec.326-ssec.2) Sections 196A, 222, 223 and 227 apply in relation to the prohibition order even if the order was made before the commencement.\n- (a) a decision by a responsible tribunal of this jurisdiction under section 196(4)(c); or\n- (b) a decision by a responsible tribunal of another participating jurisdiction under section 196(4)(c) as it applies in the other jurisdiction.","sortOrder":553},{"sectionNumber":"sch-inc-pt.16","sectionType":"part","heading":"Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025","content":"# Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025","sortOrder":554},{"sectionNumber":"sec.329","sectionType":"section","heading":"Application of s 237B","content":"### sec.329 Application of s 237B\n\nSection 237B(1) applies—\nto a non-disclosure agreement, within the meaning of section 237B(3), whether entered into before or after the commencement of this section; and\nin relation to the health, conduct or performance of a registered health practitioner or former registered health practitioner (the relevant issue ), whether the relevant issue occurred before or after the commencement of this section.\nsch s 329 ins 2025 No. 6 s 23\n- (a) to a non-disclosure agreement, within the meaning of section 237B(3), whether entered into before or after the commencement of this section; and\n- (b) in relation to the health, conduct or performance of a registered health practitioner or former registered health practitioner (the relevant issue ), whether the relevant issue occurred before or after the commencement of this section.","sortOrder":555},{"sectionNumber":"sch-inc-sch.1-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":556},{"sectionNumber":"sch-sec.1","sectionType":"section","heading":null,"content":"### Section sch-sec.1\n\nsch sch 1 s 1 om 2022 No. 22 s 41","sortOrder":557},{"sectionNumber":"sch-inc-sch.1-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":558},{"sectionNumber":"sch-sec.2","sectionType":"section","heading":null,"content":"### Section sch-sec.2\n\nsch sch 1 s 2 om 2022 No. 22 s 41","sortOrder":559},{"sectionNumber":"sch-sec.3","sectionType":"section","heading":null,"content":"### Section sch-sec.3\n\nsch sch 1 s 3 om 2022 No. 22 s 41","sortOrder":560},{"sectionNumber":"sch-sec.4","sectionType":"section","heading":null,"content":"### Section sch-sec.4\n\nsch sch 1 s 4 om 2022 No. 22 s 41","sortOrder":561},{"sectionNumber":"sch-sec.5","sectionType":"section","heading":null,"content":"### Section sch-sec.5\n\nsch sch 1 s 5 om 2022 No. 22 s 41","sortOrder":562},{"sectionNumber":"sch-sec.6","sectionType":"section","heading":null,"content":"### Section sch-sec.6\n\nsch sch 1 s 6 om 2022 No. 22 s 41","sortOrder":563},{"sectionNumber":"sch-inc-sch.1-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":564},{"sectionNumber":"sch-sec.7","sectionType":"section","heading":null,"content":"### Section sch-sec.7\n\nsch sch 1 s 7 om 2022 No. 22 s 41","sortOrder":565},{"sectionNumber":"sch-sec.8","sectionType":"section","heading":null,"content":"### Section sch-sec.8\n\nsch sch 1 s 8 om 2022 No. 22 s 41","sortOrder":566},{"sectionNumber":"sch-sec.9","sectionType":"section","heading":null,"content":"### Section sch-sec.9\n\nsch sch 1 s 9 om 2022 No. 22 s 41","sortOrder":567},{"sectionNumber":"sch-sec.10","sectionType":"section","heading":null,"content":"### Section sch-sec.10\n\nsch sch 1 s 10 om 2022 No. 22 s 41","sortOrder":568},{"sectionNumber":"sch-sec.11","sectionType":"section","heading":null,"content":"### Section sch-sec.11\n\nsch sch 1 s 11 om 2022 No. 22 s 41","sortOrder":569},{"sectionNumber":"sch-inc-sch.2-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":570},{"sectionNumber":"sch-sec.1-oc.2","sectionType":"section","heading":"Definitions","content":"### sch-sec.1-oc.2 Definitions\n\nIn this Schedule—\nChairperson means the Chairperson of the Agency Board.\nsch sch 2 s 1 def Chairperson amd 2022 No. 22 s 50 (3)\nCommittee ...\nsch sch 2 s 1 def Committee om 2022 No. 22 s 50 (2)\nmember means a member of the Agency Board.\nsch sch 2 s 1 def member amd 2022 No. 22 s 50 (3)","sortOrder":571},{"sectionNumber":"sch-inc-sch.2-pt.2","sectionType":"part","heading":"Constitution","content":"# Constitution","sortOrder":572},{"sectionNumber":"sch-sec.2-oc.2","sectionType":"section","heading":"Terms of office of members","content":"### sch-sec.2-oc.2 Terms of office of members\n\nSubject to this Schedule, a member holds office for the period (not exceeding 3 years) specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for reappointment.","sortOrder":573},{"sectionNumber":"sch-sec.3-oc.2","sectionType":"section","heading":"Remuneration","content":"### sch-sec.3-oc.2 Remuneration\n\nA member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Ministerial Council may from time to time determine with respect to the member.","sortOrder":574},{"sectionNumber":"sch-sec.4-oc.2","sectionType":"section","heading":"Vacancy in office of member","content":"### sch-sec.4-oc.2 Vacancy in office of member\n\nThe office of a member becomes vacant if the member—\ncompletes a term of office; or\nresigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\nis removed from office by the Chairperson of the Ministerial Council under this clause; or\nis absent, without leave first being granted by the Chairperson of the Agency Board, from 3 or more consecutive meetings of the Agency Board of which reasonable notice has been given to the member personally or by post; or\ndies.\nThe Chairperson of the Ministerial Council may remove a member from office if—\nthe member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or\nthe member, as a result of the member’s misconduct, impairment or incompetence—\nceases to be a registered health practitioner; or\nif the member is registered in more than one health profession—ceases to be registered in either or any of the health professions.\nthe member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or\nthe Agency Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member’s functions as a member.\nIn addition, the Chairperson of the Ministerial Council may remove the Chairperson of the Agency Board from office as a member if the Chairperson of the Agency Board becomes a registered health practitioner.\nsch sch 2 s 4 amd 2017 No. 32 s 53 ; 2022 No. 22 s 50 (4)\n(sch-sec.4-oc.2-ssec.1) The office of a member becomes vacant if the member— completes a term of office; or resigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or is removed from office by the Chairperson of the Ministerial Council under this clause; or is absent, without leave first being granted by the Chairperson of the Agency Board, from 3 or more consecutive meetings of the Agency Board of which reasonable notice has been given to the member personally or by post; or dies.\n(sch-sec.4-oc.2-ssec.2) The Chairperson of the Ministerial Council may remove a member from office if— the member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or the member, as a result of the member’s misconduct, impairment or incompetence— ceases to be a registered health practitioner; or if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions. the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or the Agency Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member’s functions as a member.\n(sch-sec.4-oc.2-ssec.3) In addition, the Chairperson of the Ministerial Council may remove the Chairperson of the Agency Board from office as a member if the Chairperson of the Agency Board becomes a registered health practitioner.\n- (a) completes a term of office; or\n- (b) resigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\n- (c) is removed from office by the Chairperson of the Ministerial Council under this clause; or\n- (d) is absent, without leave first being granted by the Chairperson of the Agency Board, from 3 or more consecutive meetings of the Agency Board of which reasonable notice has been given to the member personally or by post; or\n- (e) dies.\n- (a) the member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or\n- (b) the member, as a result of the member’s misconduct, impairment or incompetence— (i) ceases to be a registered health practitioner; or (ii) if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions.\n- (i) ceases to be a registered health practitioner; or\n- (ii) if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions.\n- (c) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or\n- (d) the Agency Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member’s functions as a member.\n- (i) ceases to be a registered health practitioner; or\n- (ii) if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions.","sortOrder":575},{"sectionNumber":"sch-sec.5-oc.2","sectionType":"section","heading":"Vacancies to be advertised","content":"### sch-sec.5-oc.2 Vacancies to be advertised\n\nBefore the Ministerial Council appoints a member of the Agency Board, the vacancy to be filled is to be publicly advertised.\nIt is not necessary to advertise a vacancy in the membership of the Agency Board before appointing a person to act in the office of a member.\nThe general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of the Agency Board.\nsch sch 2 s 5 amd 2022 No. 22 s 50 (5) – (6)\n(sch-sec.5-oc.2-ssec.1) Before the Ministerial Council appoints a member of the Agency Board, the vacancy to be filled is to be publicly advertised.\n(sch-sec.5-oc.2-ssec.2) It is not necessary to advertise a vacancy in the membership of the Agency Board before appointing a person to act in the office of a member. The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of the Agency Board.","sortOrder":576},{"sectionNumber":"sch-sec.6-oc.2","sectionType":"section","heading":"Extension of term of office during vacancy in membership","content":"### sch-sec.6-oc.2 Extension of term of office during vacancy in membership\n\nIf the office of a member becomes vacant because the member has completed the member’s term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).\nHowever, this clause ceases to apply to the member if—\nthe member resigns the member’s office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\nthe Chairperson of the Ministerial Council determines that the services of the member are no longer required.\nThe maximum period for which a member is taken to continue to be a member under this clause after completion of the member’s term of office is 6 months.\n(sch-sec.6-oc.2-ssec.1) If the office of a member becomes vacant because the member has completed the member’s term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).\n(sch-sec.6-oc.2-ssec.2) However, this clause ceases to apply to the member if— the member resigns the member’s office by instrument in writing addressed to the Chairperson of the Ministerial Council; or the Chairperson of the Ministerial Council determines that the services of the member are no longer required.\n(sch-sec.6-oc.2-ssec.3) The maximum period for which a member is taken to continue to be a member under this clause after completion of the member’s term of office is 6 months.\n- (a) the member resigns the member’s office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\n- (b) the Chairperson of the Ministerial Council determines that the services of the member are no longer required.","sortOrder":577},{"sectionNumber":"sch-sec.7-oc.2","sectionType":"section","heading":"Members to act in public interest","content":"### sch-sec.7-oc.2 Members to act in public interest\n\nA member of the Agency Board is to act impartially and in the public interest in the exercise of the member’s functions as a member.\nAccordingly, a member of the Agency Board is to put the public interest before the interests of particular health practitioners or any body or organisation that represents health practitioners.\nsch sch 2 s 7 amd 2022 No. 22 s 50 (7)\n(sch-sec.7-oc.2-ssec.1) A member of the Agency Board is to act impartially and in the public interest in the exercise of the member’s functions as a member.\n(sch-sec.7-oc.2-ssec.2) Accordingly, a member of the Agency Board is to put the public interest before the interests of particular health practitioners or any body or organisation that represents health practitioners.","sortOrder":578},{"sectionNumber":"sch-sec.8-oc.2","sectionType":"section","heading":"Disclosure of conflict of interest","content":"### sch-sec.8-oc.2 Disclosure of conflict of interest\n\nIf—\na member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Agency Board; and\nthe interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter;\nthe member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Agency Board.\nParticulars of any disclosure made under this clause must be recorded by the Agency Board in a book kept for the purpose.\nAfter a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Agency Board otherwise determines—\nbe present during any deliberation of the Agency Board with respect to the matter; or\ntake part in any decision of the Agency Board with respect to the matter.\nFor the purposes of the making of a determination by the Agency Board under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—\nbe present during any deliberation of the Agency Board for the purpose of making the determination; or\ntake part in the making of the determination by the Agency Board.\nA contravention of this clause does not invalidate any decision of the Agency Board.\nsch sch 2 s 8 amd 2022 No. 22 s 50 (7)\n(sch-sec.8-oc.2-ssec.1) If— a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Agency Board; and the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter; the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Agency Board.\n(sch-sec.8-oc.2-ssec.2) Particulars of any disclosure made under this clause must be recorded by the Agency Board in a book kept for the purpose.\n(sch-sec.8-oc.2-ssec.3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Agency Board otherwise determines— be present during any deliberation of the Agency Board with respect to the matter; or take part in any decision of the Agency Board with respect to the matter.\n(sch-sec.8-oc.2-ssec.4) For the purposes of the making of a determination by the Agency Board under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not— be present during any deliberation of the Agency Board for the purpose of making the determination; or take part in the making of the determination by the Agency Board.\n(sch-sec.8-oc.2-ssec.5) A contravention of this clause does not invalidate any decision of the Agency Board.\n- (a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Agency Board; and\n- (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter;\n- (a) be present during any deliberation of the Agency Board with respect to the matter; or\n- (b) take part in any decision of the Agency Board with respect to the matter.\n- (a) be present during any deliberation of the Agency Board for the purpose of making the determination; or\n- (b) take part in the making of the determination by the Agency Board.","sortOrder":579},{"sectionNumber":"sch-inc-sch.2-pt.3","sectionType":"part","heading":"Procedure","content":"# Procedure","sortOrder":580},{"sectionNumber":"sch-sec.9-oc.2","sectionType":"section","heading":"General procedure","content":"### sch-sec.9-oc.2 General procedure\n\nThe procedure for the calling of meetings of the Agency Board and for the conduct of business at those meetings is, subject to this Law, to be as determined by the Agency Board.\nsch sch 2 s 9 amd 2022 No. 22 s 50 (7)","sortOrder":581},{"sectionNumber":"sch-sec.10-oc.2","sectionType":"section","heading":"Quorum","content":"### sch-sec.10-oc.2 Quorum\n\nThe quorum for a meeting of the Agency Board is a majority of its members for the time being.\nsch sch 2 s 10 amd 2022 No. 22 s 50 (7)","sortOrder":582},{"sectionNumber":"sch-sec.11-oc.2","sectionType":"section","heading":"Chief executive officer may attend meetings","content":"### sch-sec.11-oc.2 Chief executive officer may attend meetings\n\nThe chief executive officer of the National Agency may attend meetings of the Agency Board and may participate in discussions of the Agency Board, but is not entitled to vote at a meeting.\nsch sch 2 s 11 amd 2022 No. 22 s 50 (7)","sortOrder":583},{"sectionNumber":"sch-sec.12","sectionType":"section","heading":"Presiding member","content":"### sch-sec.12 Presiding member\n\nThe Chairperson (or, in the absence of the Chairperson, a person elected by the members of the Agency Board who are present at a meeting of the Agency Board) is to preside at a meeting of the Agency Board.\nThe presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\nsch sch 2 s 12 amd 2022 No. 22 s 50 (7)\n(sch-sec.12-ssec.1) The Chairperson (or, in the absence of the Chairperson, a person elected by the members of the Agency Board who are present at a meeting of the Agency Board) is to preside at a meeting of the Agency Board.\n(sch-sec.12-ssec.2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.","sortOrder":584},{"sectionNumber":"sch-sec.13","sectionType":"section","heading":"Voting","content":"### sch-sec.13 Voting\n\nA decision supported by a majority of the votes cast at a meeting of the Agency Board at which a quorum is present is the decision of the Agency Board.\nsch sch 2 s 13 amd 2022 No. 22 s 50 (7)","sortOrder":585},{"sectionNumber":"sch-sec.14","sectionType":"section","heading":"Transaction of business outside meetings or by telecommunication","content":"### sch-sec.14 Transaction of business outside meetings or by telecommunication\n\nThe Agency Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Agency Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Agency Board.\nThe Agency Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\nFor the purposes of—\nthe approval of a resolution under subclause (1); or\na meeting held in accordance with subclause (2);\nthe Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Agency Board.\nPapers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned.\nsch sch 2 s 14 amd 2022 No. 22 s 50 (7)\n(sch-sec.14-ssec.1) The Agency Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Agency Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Agency Board.\n(sch-sec.14-ssec.2) The Agency Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\n(sch-sec.14-ssec.3) For the purposes of— the approval of a resolution under subclause (1); or a meeting held in accordance with subclause (2); the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Agency Board.\n(sch-sec.14-ssec.4) Papers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned.\n- (a) the approval of a resolution under subclause (1); or\n- (b) a meeting held in accordance with subclause (2);","sortOrder":586},{"sectionNumber":"sch-sec.15","sectionType":"section","heading":"First meeting","content":"### sch-sec.15 First meeting\n\nThe Chairperson may call the first meeting of the Agency Board in any manner the Chairperson thinks fit.\nsch sch 2 s 15 amd 2022 No. 22 s 50 (7)","sortOrder":587},{"sectionNumber":"sch-sec.16","sectionType":"section","heading":"Defects in appointment of members","content":"### sch-sec.16 Defects in appointment of members\n\nA decision of the Agency Board is not invalidated by any defect or irregularity in the appointment of any member (or acting member) of the Agency Board.\nsch sch 2 s 16 amd 2022 No. 22 s 50 (7)","sortOrder":588},{"sectionNumber":"sch-inc-sch.3-pt.1","sectionType":"part","heading":"Chief executive officer","content":"# Chief executive officer","sortOrder":589},{"sectionNumber":"sch-sec.1-oc.3","sectionType":"section","heading":"Chief executive officer","content":"### sch-sec.1-oc.3 Chief executive officer\n\nThe Agency Board is to appoint a person as chief executive officer of the National Agency.\nThe chief executive officer of the National Agency is to be appointed for a period, not more than 5 years, specified in the officer’s instrument of appointment, but is eligible for reappointment.\nThe chief executive officer of the National Agency is taken, while holding that office, to be a member of the staff of the National Agency.\nsch sch 3 s 1 amd 2022 No. 22 s 51\n(sch-sec.1-oc.3-ssec.1) The Agency Board is to appoint a person as chief executive officer of the National Agency.\n(sch-sec.1-oc.3-ssec.2) The chief executive officer of the National Agency is to be appointed for a period, not more than 5 years, specified in the officer’s instrument of appointment, but is eligible for reappointment.\n(sch-sec.1-oc.3-ssec.3) The chief executive officer of the National Agency is taken, while holding that office, to be a member of the staff of the National Agency.","sortOrder":590},{"sectionNumber":"sch-sec.2-oc.3","sectionType":"section","heading":"Functions of chief executive officer","content":"### sch-sec.2-oc.3 Functions of chief executive officer\n\nThe chief executive officer of the National Agency has the functions conferred on the chief executive officer by written instrument of the Agency Board.\nThe Agency Board may delegate any of the functions of the National Agency, or of the Agency Board, to the chief executive officer of the National Agency, other than this power of delegation.\nsch sch 3 s 2 amd 2022 No. 22 s 51\n(sch-sec.2-oc.3-ssec.1) The chief executive officer of the National Agency has the functions conferred on the chief executive officer by written instrument of the Agency Board.\n(sch-sec.2-oc.3-ssec.2) The Agency Board may delegate any of the functions of the National Agency, or of the Agency Board, to the chief executive officer of the National Agency, other than this power of delegation.","sortOrder":591},{"sectionNumber":"sch-sec.3-oc.3","sectionType":"section","heading":"Delegation and subdelegation by chief executive officer","content":"### sch-sec.3-oc.3 Delegation and subdelegation by chief executive officer\n\nThe chief executive officer of the National Agency may delegate any of the functions conferred on the officer under clause 2(1) to a member of the staff of the National Agency, other than this power of delegation.\nThe chief executive officer of the National Agency may subdelegate any function delegated to the officer under clause 2(2) to any member of the staff of the National Agency if the chief executive officer is authorised to do so by the Agency Board.\nsch sch 3 s 3 amd 2022 No. 22 s 51\n(sch-sec.3-oc.3-ssec.1) The chief executive officer of the National Agency may delegate any of the functions conferred on the officer under clause 2(1) to a member of the staff of the National Agency, other than this power of delegation.\n(sch-sec.3-oc.3-ssec.2) The chief executive officer of the National Agency may subdelegate any function delegated to the officer under clause 2(2) to any member of the staff of the National Agency if the chief executive officer is authorised to do so by the Agency Board.","sortOrder":592},{"sectionNumber":"sch-sec.4-oc.3","sectionType":"section","heading":"Vacancy in office","content":"### sch-sec.4-oc.3 Vacancy in office\n\nThe office of the chief executive officer of the National Agency becomes vacant if—\nthe chief executive officer resigns the officer’s office by written instrument addressed to the Chairperson of the Agency Board; or\nthe appointment of the chief executive officer is terminated by the Agency Board under this clause.\nThe Agency Board may, at any time and for any reason, terminate the appointment of the chief executive officer of the National Agency by written notice given to the chief executive officer.\nsch sch 3 s 4 amd 2022 No. 22 s 51\n(sch-sec.4-oc.3-ssec.1) The office of the chief executive officer of the National Agency becomes vacant if— the chief executive officer resigns the officer’s office by written instrument addressed to the Chairperson of the Agency Board; or the appointment of the chief executive officer is terminated by the Agency Board under this clause.\n(sch-sec.4-oc.3-ssec.2) The Agency Board may, at any time and for any reason, terminate the appointment of the chief executive officer of the National Agency by written notice given to the chief executive officer.\n- (a) the chief executive officer resigns the officer’s office by written instrument addressed to the Chairperson of the Agency Board; or\n- (b) the appointment of the chief executive officer is terminated by the Agency Board under this clause.","sortOrder":593},{"sectionNumber":"sch-inc-sch.3-pt.2","sectionType":"part","heading":"Staff, consultants and contractors","content":"# Staff, consultants and contractors","sortOrder":594},{"sectionNumber":"sch-sec.5-oc.3","sectionType":"section","heading":"Staff of National Agency","content":"### sch-sec.5-oc.3 Staff of National Agency\n\nThe National Agency may, for the purpose of performing its functions, employ staff.\nThe staff of the National Agency are to be employed on the terms and conditions decided by the National Agency from time to time.\nSubclause (2) is subject to any relevant industrial award or agreement that applies to the staff.\n(sch-sec.5-oc.3-ssec.1) The National Agency may, for the purpose of performing its functions, employ staff.\n(sch-sec.5-oc.3-ssec.2) The staff of the National Agency are to be employed on the terms and conditions decided by the National Agency from time to time.\n(sch-sec.5-oc.3-ssec.3) Subclause (2) is subject to any relevant industrial award or agreement that applies to the staff.","sortOrder":595},{"sectionNumber":"sch-sec.6-oc.3","sectionType":"section","heading":"Staff seconded to National Agency","content":"### sch-sec.6-oc.3 Staff seconded to National Agency\n\nThe National Agency may make arrangements for the services of any of the following persons to be made available to the National Agency in connection with the exercise of its functions—\na person who is a member of the staff of a government agency of a participating jurisdiction or the Commonwealth;\na person who is a member of the staff of a local registration authority.\n- (a) a person who is a member of the staff of a government agency of a participating jurisdiction or the Commonwealth;\n- (b) a person who is a member of the staff of a local registration authority.","sortOrder":596},{"sectionNumber":"sch-sec.7-oc.3","sectionType":"section","heading":"Consultants and contractors","content":"### sch-sec.7-oc.3 Consultants and contractors\n\nThe National Agency may engage persons with suitable qualifications and experience as consultants or contractors.\nThe terms and conditions of engagement of consultants or contractors are as decided by the National Agency from time to time.\n(sch-sec.7-oc.3-ssec.1) The National Agency may engage persons with suitable qualifications and experience as consultants or contractors.\n(sch-sec.7-oc.3-ssec.2) The terms and conditions of engagement of consultants or contractors are as decided by the National Agency from time to time.","sortOrder":597},{"sectionNumber":"sch-inc-sch.3-pt.3","sectionType":"part","heading":"Reporting obligations","content":"# Reporting obligations","sortOrder":598},{"sectionNumber":"sch-sec.8-oc.3","sectionType":"section","heading":"Annual report","content":"### sch-sec.8-oc.3 Annual report\n\nThe National Agency must, within 3 months after the end of each financial year, submit an annual report for the financial year to the Ministerial Council.\nThe annual report must include—\na financial statement for the National Agency, and each National Board, for the period to which the report relates; and\na report about the Agency’s performance of its functions under this Law during the period to which the annual report relates.\nThe financial statement is to be prepared in accordance with Australian Accounting Standards.\nThe financial statement is to be audited by a public sector auditor and a report is to be provided by the auditor.\nThe Ministerial Council is to make arrangements for the tabling of the annual report of the National Agency, and the report of the public sector auditor with respect to the financial statement in the report, in the Parliament of each participating jurisdiction and the Commonwealth.\nThe Ministerial Council may extend, or further extend, the period for submission of an annual report to the Council by a total period of up to 3 months.\nIn this clause—\npublic sector auditor means—\nthe Auditor-General (however described) of a participating jurisdiction; or\nan auditor employed, appointed or otherwise engaged by an Auditor-General of a participating jurisdiction.\n(sch-sec.8-oc.3-ssec.1) The National Agency must, within 3 months after the end of each financial year, submit an annual report for the financial year to the Ministerial Council.\n(sch-sec.8-oc.3-ssec.2) The annual report must include— a financial statement for the National Agency, and each National Board, for the period to which the report relates; and a report about the Agency’s performance of its functions under this Law during the period to which the annual report relates.\n(sch-sec.8-oc.3-ssec.3) The financial statement is to be prepared in accordance with Australian Accounting Standards.\n(sch-sec.8-oc.3-ssec.4) The financial statement is to be audited by a public sector auditor and a report is to be provided by the auditor.\n(sch-sec.8-oc.3-ssec.5) The Ministerial Council is to make arrangements for the tabling of the annual report of the National Agency, and the report of the public sector auditor with respect to the financial statement in the report, in the Parliament of each participating jurisdiction and the Commonwealth.\n(sch-sec.8-oc.3-ssec.6) The Ministerial Council may extend, or further extend, the period for submission of an annual report to the Council by a total period of up to 3 months.\n(sch-sec.8-oc.3-ssec.7) In this clause— public sector auditor means— the Auditor-General (however described) of a participating jurisdiction; or an auditor employed, appointed or otherwise engaged by an Auditor-General of a participating jurisdiction.\n- (a) a financial statement for the National Agency, and each National Board, for the period to which the report relates; and\n- (b) a report about the Agency’s performance of its functions under this Law during the period to which the annual report relates.\n- (a) the Auditor-General (however described) of a participating jurisdiction; or\n- (b) an auditor employed, appointed or otherwise engaged by an Auditor-General of a participating jurisdiction.","sortOrder":599},{"sectionNumber":"sch-sec.9-oc.3","sectionType":"section","heading":"Reporting by National Boards","content":"### sch-sec.9-oc.3 Reporting by National Boards\n\nA National Board must, if asked by the National Agency, give the National Agency the information the National Agency requires to compile its annual report, including—\na report about the National Board’s performance of its functions under this Law during the period to which the annual report relates; and\na statement of the income and expenditure of the National Board for the period to which the annual report relates, presented by reference to the budget of the National Board for that period.\nThe information provided by the National Board is to be incorporated in the relevant annual report for the National Agency.\n(sch-sec.9-oc.3-ssec.1) A National Board must, if asked by the National Agency, give the National Agency the information the National Agency requires to compile its annual report, including— a report about the National Board’s performance of its functions under this Law during the period to which the annual report relates; and a statement of the income and expenditure of the National Board for the period to which the annual report relates, presented by reference to the budget of the National Board for that period.\n(sch-sec.9-oc.3-ssec.2) The information provided by the National Board is to be incorporated in the relevant annual report for the National Agency.\n- (a) a report about the National Board’s performance of its functions under this Law during the period to which the annual report relates; and\n- (b) a statement of the income and expenditure of the National Board for the period to which the annual report relates, presented by reference to the budget of the National Board for that period.","sortOrder":600},{"sectionNumber":"sch-inc-sch.4-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":601},{"sectionNumber":"sch-sec.1-oc.4","sectionType":"section","heading":"Definitions","content":"### sch-sec.1-oc.4 Definitions\n\nIn this Schedule—\nChairperson means the Chairperson of a National Board.\ncommunity member means a member of a National Board appointed as a community member.\nmember means a member of a National Board.","sortOrder":602},{"sectionNumber":"sch-inc-sch.4-pt.2","sectionType":"part","heading":"Constitution","content":"# Constitution","sortOrder":603},{"sectionNumber":"sch-sec.2-oc.4","sectionType":"section","heading":"Terms of office of members","content":"### sch-sec.2-oc.4 Terms of office of members\n\nSubject to this Schedule, a member holds office for the period (not exceeding 3 years) specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for reappointment.\nHowever, a member’s term of office ends if the National Board to which the member was appointed is dissolved by a regulation made under section 31 .\nsch sch 4 s 2 amd 2017 No. 32 s 54 (1)\n(sch-sec.2-oc.4-ssec) Subject to this Schedule, a member holds office for the period (not exceeding 3 years) specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for reappointment.\n(sch-sec.2-oc.4-ssec.2) However, a member’s term of office ends if the National Board to which the member was appointed is dissolved by a regulation made under section 31 .","sortOrder":604},{"sectionNumber":"sch-sec.3-oc.4","sectionType":"section","heading":"Remuneration","content":"### sch-sec.3-oc.4 Remuneration\n\nA member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Ministerial Council may from time to time determine with respect to the member.","sortOrder":605},{"sectionNumber":"sch-sec.4-oc.4","sectionType":"section","heading":"Vacancy in office of member","content":"### sch-sec.4-oc.4 Vacancy in office of member\n\nThe office of a member becomes vacant if the member—\ncompletes a term of office; or\nresigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\nis removed from office by the Chairperson of the Ministerial Council under this clause; or\nis absent, without leave first being granted by the Chairperson of the Board, from 3 or more consecutive meetings of the National Board of which reasonable notice has been given to the member personally or by post; or\ndies.\nThe Chairperson of the Ministerial Council may remove a member from office if—\nthe member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or\nthe member, as a result of the member’s misconduct, impairment or incompetence—\nceases to be a registered health practitioner; or\nif the member is registered in more than one health profession—ceases to be registered in either or any of the health professions.\nthe member ceases to be eligible for appointment to the office that the member holds on the National Board; or\nthe member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with member’s creditors or makes an assignment of the member’s remuneration for their benefit; or\nthe National Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member’s functions as a member.\nsch sch 4 s 4 amd 2017 No. 32 s 54 (2)\n(sch-sec.4-oc.4-ssec.1) The office of a member becomes vacant if the member— completes a term of office; or resigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or is removed from office by the Chairperson of the Ministerial Council under this clause; or is absent, without leave first being granted by the Chairperson of the Board, from 3 or more consecutive meetings of the National Board of which reasonable notice has been given to the member personally or by post; or dies.\n(sch-sec.4-oc.4-ssec.2) The Chairperson of the Ministerial Council may remove a member from office if— the member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or the member, as a result of the member’s misconduct, impairment or incompetence— ceases to be a registered health practitioner; or if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions. the member ceases to be eligible for appointment to the office that the member holds on the National Board; or the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with member’s creditors or makes an assignment of the member’s remuneration for their benefit; or the National Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member’s functions as a member.\n- (a) completes a term of office; or\n- (b) resigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\n- (c) is removed from office by the Chairperson of the Ministerial Council under this clause; or\n- (d) is absent, without leave first being granted by the Chairperson of the Board, from 3 or more consecutive meetings of the National Board of which reasonable notice has been given to the member personally or by post; or\n- (e) dies.\n- (a) the member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or\n- (b) the member, as a result of the member’s misconduct, impairment or incompetence— (i) ceases to be a registered health practitioner; or (ii) if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions.\n- (i) ceases to be a registered health practitioner; or\n- (ii) if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions.\n- (c) the member ceases to be eligible for appointment to the office that the member holds on the National Board; or\n- (d) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with member’s creditors or makes an assignment of the member’s remuneration for their benefit; or\n- (e) the National Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member’s functions as a member.\n- (i) ceases to be a registered health practitioner; or\n- (ii) if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions.","sortOrder":606},{"sectionNumber":"sch-sec.5-oc.4","sectionType":"section","heading":"Vacancies to be advertised","content":"### sch-sec.5-oc.4 Vacancies to be advertised\n\nBefore the Ministerial Council appoints a member of a National Board, the vacancy to be filled is to be publicly advertised.\nThe National Agency may assist the Ministerial Council in the process of appointing members of a National Board, including in the advertising of vacancies.\nIt is not necessary to advertise a vacancy in the membership of a National Board before appointing a person to act in the office of a member.\nThe general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a National Board.\n(sch-sec.5-oc.4-ssec.1) Before the Ministerial Council appoints a member of a National Board, the vacancy to be filled is to be publicly advertised.\n(sch-sec.5-oc.4-ssec.2) The National Agency may assist the Ministerial Council in the process of appointing members of a National Board, including in the advertising of vacancies.\n(sch-sec.5-oc.4-ssec.3) It is not necessary to advertise a vacancy in the membership of a National Board before appointing a person to act in the office of a member. The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a National Board.","sortOrder":607},{"sectionNumber":"sch-sec.6-oc.4","sectionType":"section","heading":"Extension of term of office during vacancy in membership","content":"### sch-sec.6-oc.4 Extension of term of office during vacancy in membership\n\nIf the office of a member becomes vacant because the member has completed the member’s term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).\nHowever, this clause ceases to apply to the member if—\nthe member resigns the member’s office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\nthe Chairperson of the Ministerial Council determines that the services of the member are no longer required.\nThe maximum period for which a member is taken to continue to be a member under this clause after completion of the member’s term of office is 6 months.\n(sch-sec.6-oc.4-ssec.1) If the office of a member becomes vacant because the member has completed the member’s term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).\n(sch-sec.6-oc.4-ssec.2) However, this clause ceases to apply to the member if— the member resigns the member’s office by instrument in writing addressed to the Chairperson of the Ministerial Council; or the Chairperson of the Ministerial Council determines that the services of the member are no longer required.\n(sch-sec.6-oc.4-ssec.3) The maximum period for which a member is taken to continue to be a member under this clause after completion of the member’s term of office is 6 months.\n- (a) the member resigns the member’s office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\n- (b) the Chairperson of the Ministerial Council determines that the services of the member are no longer required.","sortOrder":608},{"sectionNumber":"sch-sec.7-oc.4","sectionType":"section","heading":"Members to act in public interest","content":"### sch-sec.7-oc.4 Members to act in public interest\n\nA member of a National Board is to act impartially and in the public interest in the exercise of the member’s functions as a member.\nAccordingly, a member of a National Board is to put the public interest before the interests of particular health practitioners or any entity that represents health practitioners.\n(sch-sec.7-oc.4-ssec.1) A member of a National Board is to act impartially and in the public interest in the exercise of the member’s functions as a member.\n(sch-sec.7-oc.4-ssec.2) Accordingly, a member of a National Board is to put the public interest before the interests of particular health practitioners or any entity that represents health practitioners.","sortOrder":609},{"sectionNumber":"sch-sec.8-oc.4","sectionType":"section","heading":"Disclosure of conflict of interest","content":"### sch-sec.8-oc.4 Disclosure of conflict of interest\n\nIf—\na member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the National Board; and\nthe interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter;\nthe member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the National Board.\nParticulars of any disclosure made under this clause must be recorded by the National Board in a book kept for the purpose.\nAfter a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the National Board otherwise determines—\nbe present during any deliberation of the National Board with respect to the matter; or\ntake part in any decision of the National Board with respect to the matter.\nFor the purposes of the making of a determination by the National Board under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—\nbe present during any deliberation of the National Board for the purpose of making the determination; or\ntake part in the making of the determination by the National Board.\nA contravention of this clause does not invalidate any decision of the National Board.\nThis clause applies to a member of a committee of a National Board and the committee in the same way as it applies to a member of the National Board and the National Board.\n(sch-sec.8-oc.4-ssec.1) If— a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the National Board; and the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter; the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the National Board.\n(sch-sec.8-oc.4-ssec.2) Particulars of any disclosure made under this clause must be recorded by the National Board in a book kept for the purpose.\n(sch-sec.8-oc.4-ssec.3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the National Board otherwise determines— be present during any deliberation of the National Board with respect to the matter; or take part in any decision of the National Board with respect to the matter.\n(sch-sec.8-oc.4-ssec.4) For the purposes of the making of a determination by the National Board under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not— be present during any deliberation of the National Board for the purpose of making the determination; or take part in the making of the determination by the National Board.\n(sch-sec.8-oc.4-ssec.5) A contravention of this clause does not invalidate any decision of the National Board.\n(sch-sec.8-oc.4-ssec.6) This clause applies to a member of a committee of a National Board and the committee in the same way as it applies to a member of the National Board and the National Board.\n- (a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the National Board; and\n- (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter;\n- (a) be present during any deliberation of the National Board with respect to the matter; or\n- (b) take part in any decision of the National Board with respect to the matter.\n- (a) be present during any deliberation of the National Board for the purpose of making the determination; or\n- (b) take part in the making of the determination by the National Board.","sortOrder":610},{"sectionNumber":"sch-inc-sch.4-pt.3","sectionType":"part","heading":"Functions and powers","content":"# Functions and powers","sortOrder":611},{"sectionNumber":"sch-sec.9-oc.4","sectionType":"section","heading":"Requirement to consult other National Boards","content":"### sch-sec.9-oc.4 Requirement to consult other National Boards\n\nIf a National Board (the first Board ) proposes to make a recommendation to the Ministerial Council about a matter that may reasonably be expected to be of interest to another National Board (the other Board ), the first Board must—\nconsult with the other Board about the proposed recommendation; and\nif the first Board makes the recommendation to the Ministerial Council, advise the Council about any contrary views expressed by the other Board about the recommendation.\n- (a) consult with the other Board about the proposed recommendation; and\n- (b) if the first Board makes the recommendation to the Ministerial Council, advise the Council about any contrary views expressed by the other Board about the recommendation.","sortOrder":612},{"sectionNumber":"sch-sec.10-oc.3","sectionType":"section","heading":"Boards may obtain assistance","content":"### sch-sec.10-oc.3 Boards may obtain assistance\n\nA National Board may, for the purposes of exercising its functions, obtain the assistance of or advice from a local registration authority or another entity having knowledge of matters relating to a health profession for which it is established.\nsch sch 4 s 10 amd 2017 No. 32 s 87 (1) s ch 1 pt 1","sortOrder":613},{"sectionNumber":"sch-sec.11-oc.3","sectionType":"section","heading":"Committees","content":"### sch-sec.11-oc.3 Committees\n\nA National Board may establish committees to do any of the following—\nto develop registration standards for a health profession for which the Board is established;\nto develop codes or guidelines for a health profession for which the Board is established;\nto exercise any other functions of the Board or to provide assistance or advice to the Board in the exercise of its functions.\nsch sch 4 s 11 amd 2017 No. 32 s 87 (1) s ch 1 pt 1\n- (a) to develop registration standards for a health profession for which the Board is established;\n- (b) to develop codes or guidelines for a health profession for which the Board is established;\n- (c) to exercise any other functions of the Board or to provide assistance or advice to the Board in the exercise of its functions.","sortOrder":614},{"sectionNumber":"sch-inc-sch.4-pt.4","sectionType":"part","heading":"Procedure","content":"# Procedure","sortOrder":615},{"sectionNumber":"sch-sec.12-oc.2","sectionType":"section","heading":"General procedure","content":"### sch-sec.12-oc.2 General procedure\n\nThe procedure for the calling of meetings of the National Board and for the conduct of business at those meetings is, subject to this Law, to be as determined by the National Board.","sortOrder":616},{"sectionNumber":"sch-sec.13-oc.2","sectionType":"section","heading":"Quorum","content":"### sch-sec.13-oc.2 Quorum\n\nThe quorum for a meeting of the National Board is a majority of its members for the time being, at least one of whom is a community member.","sortOrder":617},{"sectionNumber":"sch-sec.14-oc.2","sectionType":"section","heading":"Presiding member","content":"### sch-sec.14-oc.2 Presiding member\n\nThe Chairperson (or, in the absence of the Chairperson, a person elected by the members of the National Board who are present at a meeting of the National Board) is to preside at a meeting of the National Board.\nThe presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\n(sch-sec.14-oc.2-ssec.1) The Chairperson (or, in the absence of the Chairperson, a person elected by the members of the National Board who are present at a meeting of the National Board) is to preside at a meeting of the National Board.\n(sch-sec.14-oc.2-ssec.2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.","sortOrder":618},{"sectionNumber":"sch-sec.15-oc.2","sectionType":"section","heading":"Voting","content":"### sch-sec.15-oc.2 Voting\n\nA decision supported by a majority of the votes cast at a meeting of the National Board at which a quorum is present is the decision of the National Board.","sortOrder":619},{"sectionNumber":"sch-sec.16-oc.2","sectionType":"section","heading":"Transaction of business outside meetings or by telecommunication","content":"### sch-sec.16-oc.2 Transaction of business outside meetings or by telecommunication\n\nThe National Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the National Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the National Board.\nThe National Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\nFor the purposes of—\nthe approval of a resolution under subclause (1); or\na meeting held in accordance with subclause (2);\nthe Chairperson and each member have the same voting rights as they have at an ordinary meeting of the National Board.\nPapers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned.\n(sch-sec.16-oc.2-ssec.1) The National Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the National Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the National Board.\n(sch-sec.16-oc.2-ssec.2) The National Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\n(sch-sec.16-oc.2-ssec.3) For the purposes of— the approval of a resolution under subclause (1); or a meeting held in accordance with subclause (2); the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the National Board.\n(sch-sec.16-oc.2-ssec.4) Papers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned.\n- (a) the approval of a resolution under subclause (1); or\n- (b) a meeting held in accordance with subclause (2);","sortOrder":620},{"sectionNumber":"sch-sec.17","sectionType":"section","heading":"First meeting","content":"### sch-sec.17 First meeting\n\nThe Chairperson may call the first meeting of the National Board in any manner the Chairperson thinks fit.","sortOrder":621},{"sectionNumber":"sch-sec.18","sectionType":"section","heading":"Defects in appointment of members","content":"### sch-sec.18 Defects in appointment of members\n\nA decision of the National Board or of a committee of the National Board is not invalidated by any defect or irregularity in the appointment of any member (or acting member) of the National Board or of a committee of the National Board.","sortOrder":622},{"sectionNumber":"sch-inc-sch.5-pt.1","sectionType":"part","heading":"Power to obtain information","content":"# Power to obtain information","sortOrder":623},{"sectionNumber":"sch-sec.1-oc.5","sectionType":"section","heading":"Powers of investigators","content":"### sch-sec.1-oc.5 Powers of investigators\n\nFor the purposes of conducting an investigation, an investigator may, by written notice given to a person, require the person to—\ngive stated information to the investigator within a stated reasonable time and in a stated reasonable way; or\nattend before the investigator at a stated time and a stated place to answer questions or produce documents.\n- (a) give stated information to the investigator within a stated reasonable time and in a stated reasonable way; or\n- (b) attend before the investigator at a stated time and a stated place to answer questions or produce documents.","sortOrder":624},{"sectionNumber":"sch-sec.2-oc.5","sectionType":"section","heading":"Offence for failing to produce information or attend before investigator","content":"### sch-sec.2-oc.5 Offence for failing to produce information or attend before investigator\n\nA person required to give stated information to an investigator under clause 1(a) must not fail, without reasonable excuse, to give the information as required by the notice.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nA person given a notice to attend before an investigator must not fail, without reasonable excuse, to—\nattend as required by the notice; and\ncontinue to attend as required by the investigator until excused from further attendance; and\nanswer a question the person is required to answer by the investigator; and\nproduce a document the person is required to produce by the notice.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nFor the purposes of subclauses (1) and (2), it is a reasonable excuse for an individual to fail to give stated information, answer a question or to produce a document, if giving the information, answering the question or producing the document might tend to incriminate the individual.\n(sch-sec.2-oc.5-ssec.1) A person required to give stated information to an investigator under clause 1(a) must not fail, without reasonable excuse, to give the information as required by the notice. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.2-oc.5-ssec.2) A person given a notice to attend before an investigator must not fail, without reasonable excuse, to— attend as required by the notice; and continue to attend as required by the investigator until excused from further attendance; and answer a question the person is required to answer by the investigator; and produce a document the person is required to produce by the notice. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.2-oc.5-ssec.3) For the purposes of subclauses (1) and (2), it is a reasonable excuse for an individual to fail to give stated information, answer a question or to produce a document, if giving the information, answering the question or producing the document might tend to incriminate the individual.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.\n- (a) attend as required by the notice; and\n- (b) continue to attend as required by the investigator until excused from further attendance; and\n- (c) answer a question the person is required to answer by the investigator; and\n- (d) produce a document the person is required to produce by the notice.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.","sortOrder":625},{"sectionNumber":"sch-sec.3-oc.5","sectionType":"section","heading":"Inspection of documents","content":"### sch-sec.3-oc.5 Inspection of documents\n\nIf a document is produced to an investigator, the investigator may—\ninspect the document; and\nmake a copy of, or take an extract from, the document; and\nkeep the document while it is necessary for the investigation.\nIf the investigator keeps the document, the investigator must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the investigator.\nsch sch 5 s 3 amd 2022 No. 22 s 127\n(sch-sec.3-oc.5-ssec.1) If a document is produced to an investigator, the investigator may— inspect the document; and make a copy of, or take an extract from, the document; and keep the document while it is necessary for the investigation.\n(sch-sec.3-oc.5-ssec.2) If the investigator keeps the document, the investigator must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the investigator.\n- (a) inspect the document; and\n- (b) make a copy of, or take an extract from, the document; and\n- (c) keep the document while it is necessary for the investigation.","sortOrder":626},{"sectionNumber":"sch-inc-sch.5-pt.2","sectionType":"part","heading":"Power to enter places","content":"# Power to enter places","sortOrder":627},{"sectionNumber":"sch-sec.4-oc.5","sectionType":"section","heading":"Entering places","content":"### sch-sec.4-oc.5 Entering places\n\nFor the purposes of conducting an investigation, an investigator may enter a place if—\nits occupier consents to the entry of the place; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant.\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 public; or\n- (c) the entry is authorised by a warrant.","sortOrder":628},{"sectionNumber":"sch-sec.5-oc.5","sectionType":"section","heading":"Application for warrant","content":"### sch-sec.5-oc.5 Application for warrant\n\nAn investigator may apply to a magistrate of a participating jurisdiction for a warrant for a place.\nThe investigator must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\n(sch-sec.5-oc.5-ssec.1) An investigator may apply to a magistrate of a participating jurisdiction for a warrant for a place.\n(sch-sec.5-oc.5-ssec.2) The investigator must prepare a written application that states the grounds on which the warrant is sought.\n(sch-sec.5-oc.5-ssec.3) The written application must be sworn.\n(sch-sec.5-oc.5-ssec.4) The magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.","sortOrder":629},{"sectionNumber":"sch-sec.6-oc.5","sectionType":"section","heading":"Issue of warrant","content":"### sch-sec.6-oc.5 Issue of warrant\n\nThe magistrate may issue the warrant only if the magistrate is satisfied there are reasonable grounds for suspecting there is evidence about a matter being investigated by the investigator at the place.\nThe warrant must state—\nthat a stated investigator may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the investigator’s powers under this Part; and\nthe matter for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sch-sec.6-oc.5-ssec.1) The magistrate may issue the warrant only if the magistrate is satisfied there are reasonable grounds for suspecting there is evidence about a matter being investigated by the investigator at the place.\n(sch-sec.6-oc.5-ssec.2) The warrant must state— that a stated investigator may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the investigator’s powers under this Part; and the matter for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) that a stated investigator may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the investigator’s powers under this Part; and\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- (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 ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the investigator’s powers under this Part; and","sortOrder":630},{"sectionNumber":"sch-sec.7-oc.5","sectionType":"section","heading":"Application by electronic communication","content":"### sch-sec.7-oc.5 Application by electronic communication\n\nAn investigator may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the investigator considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including the investigator’s remote location.\nThe application—\nmay not be made before the investigator prepares the written application under clause 5 (2); but\nmay be made before the written application is sworn.\nThe magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under subclause (1); and\nthe way the application was made under subclause (1) was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or\notherwise—\nthe magistrate must tell the investigator the date and time the warrant is issued and the other terms of the warrant; and\nthe investigator must complete a form of warrant including by writing on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe other terms of the warrant.\nThe copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe investigator must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with clause 5 (2) and (3); and\nif the investigator completed a form of warrant under subclause (4)(b), the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court.\nDespite subclause (5), if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis clause does not limit clause 5 .\n(sch-sec.7-oc.5-ssec.1) An investigator may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the investigator considers it necessary because of— urgent circumstances; or other special circumstances, including the investigator’s remote location.\n(sch-sec.7-oc.5-ssec.2) The application— may not be made before the investigator prepares the written application under clause 5 (2); but may be made before the written application is sworn.\n(sch-sec.7-oc.5-ssec.3) The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under subclause (1); and the way the application was made under subclause (1) was appropriate.\n(sch-sec.7-oc.5-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or otherwise— the magistrate must tell the investigator the date and time the warrant is issued and the other terms of the warrant; and the investigator must complete a form of warrant including by writing on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the other terms of the warrant.\n(sch-sec.7-oc.5-ssec.5) The copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sch-sec.7-oc.5-ssec.6) The investigator must, at the first reasonable opportunity, send to the magistrate— the written application complying with clause 5 (2) and (3); and if the investigator completed a form of warrant under subclause (4)(b), the completed form of warrant.\n(sch-sec.7-oc.5-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court.\n(sch-sec.7-oc.5-ssec.8) Despite subclause (5), if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sch-sec.7-oc.5-ssec.9) This clause does not limit clause 5 .\n- (a) urgent circumstances; or\n- (b) other special circumstances, including the investigator’s remote location.\n- (a) may not be made before the investigator prepares the written application under clause 5 (2); but\n- (b) may be made before the written application is sworn.\n- (a) it was necessary to make the application under subclause (1); and\n- (b) the way the application was made under subclause (1) was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or\n- (b) otherwise— (i) the magistrate must tell the investigator the date and time the warrant is issued and the other terms of the warrant; and (ii) the investigator must complete a form of warrant including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (i) the magistrate must tell the investigator the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the investigator must complete a form of warrant including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (i) the magistrate must tell the investigator the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the investigator must complete a form of warrant including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\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 (4)(b), the completed form of warrant.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and\n- (b) the original warrant is not produced in evidence;","sortOrder":631},{"sectionNumber":"sch-sec.8-oc.5","sectionType":"section","heading":"Procedure before entry under warrant","content":"### sch-sec.8-oc.5 Procedure before entry under warrant\n\nBefore entering a place under a warrant, an investigator must do or make a reasonable attempt to do the following—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment;\ngive the person a copy of the warrant;\ntell the person the investigator is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the investigator immediate entry to the place without using force.\nHowever, the investigator need not comply with subclause (1) if the investigator reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sch-sec.8-oc.5-ssec.1) Before entering a place under a warrant, an investigator must do or make a reasonable attempt to do the following— identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment; give the person a copy of the warrant; tell the person the investigator is permitted by the warrant to enter the place; give the person an opportunity to allow the investigator immediate entry to the place without using force.\n(sch-sec.8-oc.5-ssec.2) However, the investigator need not comply with subclause (1) if the investigator reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the investigator is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the investigator immediate entry to the place without using force.","sortOrder":632},{"sectionNumber":"sch-sec.9-oc.5","sectionType":"section","heading":"Powers after entering places","content":"### sch-sec.9-oc.5 Powers after entering places\n\nThis clause applies if an investigator enters a place under clause 4.\nThe investigator may for the purposes of the investigation do the following—\nsearch any part of the place;\ninspect, measure, test, photograph or film any part of the place or anything at the place;\ntake a thing, or a sample of or from a thing, at the place for analysis, measurement or testing;\ncopy, or take an extract from, a document, at the place;\ntake into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this Part;\nrequire the occupier of the place, or a person at the place, to give the investigator reasonable help to exercise the investigator’s powers under paragraphs (a) to (e);\nrequire the occupier of the place, or a person at the place, to give the investigator information to help the investigator in conducting the investigation.\nWhen making a requirement referred to in subclause (2)(f) or (g), the investigator must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sch-sec.9-oc.5-ssec.1) This clause applies if an investigator enters a place under clause 4.\n(sch-sec.9-oc.5-ssec.2) The investigator may for the purposes of the investigation do the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing; copy, or take an extract from, a document, at the place; take into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this Part; require the occupier of the place, or a person at the place, to give the investigator reasonable help to exercise the investigator’s powers under paragraphs (a) to (e); require the occupier of the place, or a person at the place, to give the investigator information to help the investigator in conducting the investigation.\n(sch-sec.9-oc.5-ssec.3) When making a requirement referred to in subclause (2)(f) or (g), the investigator must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n- (a) search any part of the place;\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place;\n- (c) take a thing, or a sample of or from a thing, at the place for analysis, 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 the investigator reasonably requires for exercising a power under this Part;\n- (f) require the occupier of the place, or a person at the place, to give the investigator reasonable help to exercise the investigator’s powers under paragraphs (a) to (e);\n- (g) require the occupier of the place, or a person at the place, to give the investigator information to help the investigator in conducting the investigation.","sortOrder":633},{"sectionNumber":"sch-sec.10-oc.4","sectionType":"section","heading":"Offences for failing to comply with requirement under clause 9","content":"### sch-sec.10-oc.4 Offences for failing to comply with requirement under clause 9\n\nA person required to give reasonable help under clause 9(2)(f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nA person of whom a requirement is made under clause 9(2)(g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nIt is a reasonable excuse for an individual not to comply with a requirement under clause 9(2)(f) or (g) that complying with the requirement might tend to incriminate the individual.\n(sch-sec.10-oc.4-ssec.1) A person required to give reasonable help under clause 9(2)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.10-oc.4-ssec.2) A person of whom a requirement is made under clause 9(2)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.10-oc.4-ssec.3) It is a reasonable excuse for an individual not to comply with a requirement under clause 9(2)(f) or (g) that complying with the requirement might tend to incriminate the individual.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.","sortOrder":634},{"sectionNumber":"sch-sec.11-oc.4","sectionType":"section","heading":"Seizure of evidence","content":"### sch-sec.11-oc.4 Seizure of evidence\n\nAn investigator who enters a public place when the place is open to the public may seize a thing at the place if the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator.\nIf an investigator enters a place with the occupier’s consent, the investigator may seize a thing at the place if—\nthe investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and\nseizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent.\nIf an investigator enters a place with a warrant, the investigator may seize the evidence for which the warrant was issued.\nFor the purposes of subclauses (2) and (3), the investigator may also seize anything else at the place if the investigator reasonably believes—\nthe thing is evidence that is relevant to the investigation; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sch-sec.11-oc.4-ssec.1) An investigator who enters a public place when the place is open to the public may seize a thing at the place if the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator.\n(sch-sec.11-oc.4-ssec.2) If an investigator enters a place with the occupier’s consent, the investigator may seize a thing at the place if— the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent.\n(sch-sec.11-oc.4-ssec.3) If an investigator enters a place with a warrant, the investigator may seize the evidence for which the warrant was issued.\n(sch-sec.11-oc.4-ssec.4) For the purposes of subclauses (2) and (3), the investigator may also seize anything else at the place if the investigator reasonably believes— the thing is evidence that is relevant to the investigation; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n- (a) the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and\n- (b) seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent.\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 or destroyed.","sortOrder":635},{"sectionNumber":"sch-sec.12-oc.3","sectionType":"section","heading":"Securing seized things","content":"### sch-sec.12-oc.3 Securing seized things\n\nHaving seized a thing, an investigator may—\nmove the thing from the place where it was seized; or\nleave the thing at the place where it was seized but take reasonable action to restrict access to it.\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 reasonable action to restrict access to it.","sortOrder":636},{"sectionNumber":"sch-sec.13-oc.3","sectionType":"section","heading":"Receipt for seized things","content":"### sch-sec.13-oc.3 Receipt for seized things\n\nAs soon as practicable after an investigator seizes a thing, the investigator must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subclause (1), the investigator must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally the seized thing and its condition.\nThis clause does not apply to a thing if it is impracticable or would be unreasonable to give the receipt given the thing’s nature, condition and value.\n(sch-sec.13-oc.3-ssec.1) As soon as practicable after an investigator seizes a thing, the investigator must give a receipt for it to the person from whom it was seized.\n(sch-sec.13-oc.3-ssec.2) However, if for any reason it is not practicable to comply with subclause (1), the investigator must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sch-sec.13-oc.3-ssec.3) The receipt must describe generally the seized thing and its condition.\n(sch-sec.13-oc.3-ssec.4) This clause does not apply to a thing if it is impracticable or would be unreasonable to give the receipt given the thing’s nature, condition and value.","sortOrder":637},{"sectionNumber":"sch-sec.14-oc.3","sectionType":"section","heading":"Forfeiture of seized thing","content":"### sch-sec.14-oc.3 Forfeiture of seized thing\n\nA seized thing is forfeited to the National Agency if the investigator who seized the thing—\ncannot find its owner, after making reasonable inquiries; or\ncannot return it to its owner, after making reasonable efforts.\nIn applying subclause (1)—\nsubclause (1)(a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubclause (1)(b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n(sch-sec.14-oc.3-ssec.1) A seized thing is forfeited to the National Agency if the investigator who seized the thing— cannot find its owner, after making reasonable inquiries; or cannot return it to its owner, after making reasonable efforts.\n(sch-sec.14-oc.3-ssec.2) In applying subclause (1)— subclause (1)(a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and subclause (1)(b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sch-sec.14-oc.3-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) cannot find its owner, after making reasonable inquiries; or\n- (b) cannot return it to its owner, after making reasonable efforts.\n- (a) subclause (1)(a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subclause (1)(b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":638},{"sectionNumber":"sch-sec.15-oc.3","sectionType":"section","heading":"Dealing with forfeited things","content":"### sch-sec.15-oc.3 Dealing with forfeited things\n\nOn the forfeiture of a thing to the National Agency, the thing becomes the Agency’s property and may be dealt with by the Agency as the Agency considers appropriate.\nWithout limiting subclause (1), the National Agency may destroy or dispose of the thing.\n(sch-sec.15-oc.3-ssec.1) On the forfeiture of a thing to the National Agency, the thing becomes the Agency’s property and may be dealt with by the Agency as the Agency considers appropriate.\n(sch-sec.15-oc.3-ssec.2) Without limiting subclause (1), the National Agency may destroy or dispose of the thing.","sortOrder":639},{"sectionNumber":"sch-sec.16-oc.3","sectionType":"section","heading":"Return of seized things","content":"### sch-sec.16-oc.3 Return of seized things\n\nIf a seized thing has not been forfeited, the investigator must return it to its owner—\nat the end of 6 months; or\nif proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.\nDespite subclause (1), unless the thing has been forfeited, the investigator must immediately return a thing seized as evidence to its owner if the investigator is no longer satisfied its continued retention as evidence is necessary.\n(sch-sec.16-oc.3-ssec.1) If a seized thing has not been forfeited, the investigator must return it to its owner— at the end of 6 months; or if proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.\n(sch-sec.16-oc.3-ssec.2) Despite subclause (1), unless the thing has been forfeited, the investigator must immediately return a thing seized as evidence to its owner if the investigator is no longer satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.","sortOrder":640},{"sectionNumber":"sch-sec.17-oc.2","sectionType":"section","heading":"Access to seized things","content":"### sch-sec.17-oc.2 Access to seized things\n\nUntil a seized thing is forfeited or returned, an investigator must allow its owner to inspect it and, if it is a document, to copy it.\nSubclause (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sch-sec.17-oc.2-ssec.1) Until a seized thing is forfeited or returned, an investigator must allow its owner to inspect it and, if it is a document, to copy it.\n(sch-sec.17-oc.2-ssec.2) Subclause (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":641},{"sectionNumber":"sch-inc-sch.5-pt.3","sectionType":"part","heading":"General matters","content":"# General matters","sortOrder":642},{"sectionNumber":"sch-sec.18-oc.2","sectionType":"section","heading":"Damage to property","content":"### sch-sec.18-oc.2 Damage to property\n\nThis clause applies if—\nan investigator damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction of an investigator damages property.\nThe investigator must promptly give written notice of particulars of the damage to the person who appears to the investigator to be the owner of the property.\nIf the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the investigator’s or other person’s control, the investigator must state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subclause (2), the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis clause does not apply to damage the investigator reasonably believes is trivial.\nIn this clause—\nowner , of property, includes the person in possession or control of it.\n(sch-sec.18-oc.2-ssec.1) This clause applies if— an investigator damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an investigator damages property.\n(sch-sec.18-oc.2-ssec.2) The investigator must promptly give written notice of particulars of the damage to the person who appears to the investigator to be the owner of the property.\n(sch-sec.18-oc.2-ssec.3) If the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the investigator’s or other person’s control, the investigator must state the belief in the notice.\n(sch-sec.18-oc.2-ssec.4) If, for any reason, it is impracticable to comply with subclause (2), the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sch-sec.18-oc.2-ssec.5) This clause does not apply to damage the investigator reasonably believes is trivial.\n(sch-sec.18-oc.2-ssec.6) In this clause— owner , of property, includes the person in possession or control of it.\n- (a) an investigator damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction of an investigator damages property.","sortOrder":643},{"sectionNumber":"sch-sec.19","sectionType":"section","heading":"Compensation","content":"### sch-sec.19 Compensation\n\nA person may claim compensation from the National Agency if the person incurs loss or expense because of the exercise or purported exercise of a power under this Schedule by the investigator.\nWithout limiting subclause (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under this Schedule.\nCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nA court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.\n(sch-sec.19-ssec.1) A person may claim compensation from the National Agency if the person incurs loss or expense because of the exercise or purported exercise of a power under this Schedule by the investigator.\n(sch-sec.19-ssec.2) Without limiting subclause (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under this Schedule.\n(sch-sec.19-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sch-sec.19-ssec.4) A court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.","sortOrder":644},{"sectionNumber":"sch-sec.20","sectionType":"section","heading":"False or misleading information","content":"### sch-sec.20 False or misleading information\n\nA person must not state anything to an investigator that the person knows is false or misleading in a material particular.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.","sortOrder":645},{"sectionNumber":"sch-sec.21","sectionType":"section","heading":"False or misleading documents","content":"### sch-sec.21 False or misleading documents\n\nA person must not give an investigator a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nSubclause (1) does not apply to a person who, when giving the document—\ninforms the investigator, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the investigator if the person has, or can reasonably obtain, the correct information.\n(sch-sec.21-ssec.1) A person must not give an investigator a document containing information the person knows is false or misleading in a material particular. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.21-ssec.2) Subclause (1) does not apply to a person who, when giving the document— informs the investigator, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the investigator if the person has, or can reasonably obtain, the correct information.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.\n- (a) informs the investigator, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the investigator if the person has, or can reasonably obtain, the correct information.","sortOrder":646},{"sectionNumber":"sch-sec.22","sectionType":"section","heading":"Obstructing investigators","content":"### sch-sec.22 Obstructing investigators\n\nA person must not obstruct an investigator in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nIf a person has obstructed an investigator and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that—\nit is an offence to obstruct the investigator, unless the person has a reasonable excuse; and\nthe investigator considers the person’s conduct is an obstruction.\nIn this clause—\nobstruct includes hinder and attempt to obstruct or hinder.\n(sch-sec.22-ssec.1) A person must not obstruct an investigator in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.22-ssec.2) If a person has obstructed an investigator and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that— it is an offence to obstruct the investigator, unless the person has a reasonable excuse; and the investigator considers the person’s conduct is an obstruction.\n(sch-sec.22-ssec.3) In this clause— obstruct includes hinder and attempt to obstruct or hinder.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.\n- (a) it is an offence to obstruct the investigator, unless the person has a reasonable excuse; and\n- (b) the investigator considers the person’s conduct is an obstruction.","sortOrder":647},{"sectionNumber":"sch-sec.23","sectionType":"section","heading":"Impersonation of investigators","content":"### sch-sec.23 Impersonation of investigators\n\nA person must not pretend to be an investigator.\nMaximum penalty—$5,000.","sortOrder":648},{"sectionNumber":"sch-inc-sch.6-pt.1","sectionType":"part","heading":"Power to obtain information","content":"# Power to obtain information","sortOrder":649},{"sectionNumber":"sch-sec.1-oc.6","sectionType":"section","heading":"Powers of inspectors","content":"### sch-sec.1-oc.6 Powers of inspectors\n\nThis clause applies if an inspector reasonably believes—\nan offence against this Law has been committed; and\na person may be able to give information about the offence.\nThe inspector may, by written notice given to a person, require the person to—\ngive stated information to the inspector within a stated reasonable time and in a stated reasonable way; or\nattend before the inspector at a stated time and a stated place to answer questions or produce documents.\n(sch-sec.1-oc.6-ssec.1) This clause applies if an inspector reasonably believes— an offence against this Law has been committed; and a person may be able to give information about the offence.\n(sch-sec.1-oc.6-ssec.2) The inspector may, by written notice given to a person, require the person to— give stated information to the inspector within a stated reasonable time and in a stated reasonable way; or attend before the inspector at a stated time and a stated place to answer questions or produce documents.\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- (a) give stated information to the inspector within a stated reasonable time and in a stated reasonable way; or\n- (b) attend before the inspector at a stated time and a stated place to answer questions or produce documents.","sortOrder":650},{"sectionNumber":"sch-sec.2-oc.6","sectionType":"section","heading":"Offence for failing to produce information or attend before inspector","content":"### sch-sec.2-oc.6 Offence for failing to produce information or attend before inspector\n\nA person required to give stated information to an inspector under clause 1(2)(a) must not fail, without reasonable excuse, to give the information as required by the notice.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nA person given a notice to attend before an inspector must not fail, without reasonable excuse, to—\nattend as required by the notice; and\ncontinue to attend as required by the inspector until excused from further attendance; and\nanswer a question the person is required to answer by the inspector; and\nproduce a document the person is required to produce by the notice.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nFor the purposes of subclauses (1) and (2), it is a reasonable excuse for an individual to fail to give stated information, answer a question or to produce a document, if giving the information, answering the question or producing the document might tend to incriminate the individual.\n(sch-sec.2-oc.6-ssec.1) A person required to give stated information to an inspector under clause 1(2)(a) must not fail, without reasonable excuse, to give the information as required by the notice. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.2-oc.6-ssec.2) A person given a notice to attend before an inspector must not fail, without reasonable excuse, to— attend as required by the notice; and continue to attend as required by the inspector until excused from further attendance; and answer a question the person is required to answer by the inspector; and produce a document the person is required to produce by the notice. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.2-oc.6-ssec.3) For the purposes of subclauses (1) and (2), it is a reasonable excuse for an individual to fail to give stated information, answer a question or to produce a document, if giving the information, answering the question or producing the document might tend to incriminate the individual.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.\n- (a) attend as required by the notice; and\n- (b) continue to attend as required by the inspector until excused from further attendance; and\n- (c) answer a question the person is required to answer by the inspector; and\n- (d) produce a document the person is required to produce by the notice.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.","sortOrder":651},{"sectionNumber":"sch-sec.3-oc.6","sectionType":"section","heading":"Inspection of documents","content":"### sch-sec.3-oc.6 Inspection of documents\n\nIf a document is produced to an inspector, the inspector may—\ninspect the document; and\nmake a copy of, or take an extract from, the document; and\nkeep the document while it is necessary for the investigation.\nIf the inspector keeps the document, the inspector must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the inspector.\nsch sch 6 s 3 amd 2022 No. 22 s 128\n(sch-sec.3-oc.6-ssec.1) If a document is produced to an inspector, the inspector may— inspect the document; and make a copy of, or take an extract from, the document; and keep the document while it is necessary for the investigation.\n(sch-sec.3-oc.6-ssec.2) If the inspector keeps the document, the inspector must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the inspector.\n- (a) inspect the document; and\n- (b) make a copy of, or take an extract from, the document; and\n- (c) keep the document while it is necessary for the investigation.","sortOrder":652},{"sectionNumber":"sch-inc-sch.6-pt.2","sectionType":"part","heading":"Power to enter places","content":"# Power to enter places","sortOrder":653},{"sectionNumber":"sch-sec.4-oc.6","sectionType":"section","heading":"Entering places","content":"### sch-sec.4-oc.6 Entering places\n\nAn inspector may enter a place if—\nits occupier consents to the entry of the place; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant.\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 public; or\n- (c) the entry is authorised by a warrant.","sortOrder":654},{"sectionNumber":"sch-sec.5-oc.6","sectionType":"section","heading":"Application for warrant","content":"### sch-sec.5-oc.6 Application for warrant\n\nAn inspector may apply to a magistrate of a participating jurisdiction for a warrant for a place.\nThe inspector must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\n(sch-sec.5-oc.6-ssec.1) An inspector may apply to a magistrate of a participating jurisdiction for a warrant for a place.\n(sch-sec.5-oc.6-ssec.2) The inspector must prepare a written application that states the grounds on which the warrant is sought.\n(sch-sec.5-oc.6-ssec.3) The written application must be sworn.\n(sch-sec.5-oc.6-ssec.4) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.","sortOrder":655},{"sectionNumber":"sch-sec.6-oc.6","sectionType":"section","heading":"Issue of warrant","content":"### sch-sec.6-oc.6 Issue of warrant\n\nThe magistrate may issue the warrant only if the magistrate is satisfied there are reasonable grounds for suspecting there is a particular thing or activity that may provide evidence of an offence against this Law at the place.\nThe warrant must state—\nthat a stated inspector may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the inspector’s powers under this Part; and\nthe matter for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sch-sec.6-oc.6-ssec.1) The magistrate may issue the warrant only if the magistrate is satisfied there are reasonable grounds for suspecting there is a particular thing or activity that may provide evidence of an offence against this Law at the place.\n(sch-sec.6-oc.6-ssec.2) The warrant must state— that a stated inspector may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the inspector’s powers under this Part; and the matter for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this Part; and\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- (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 ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this Part; and","sortOrder":656},{"sectionNumber":"sch-sec.7-oc.6","sectionType":"section","heading":"Application by electronic communication","content":"### sch-sec.7-oc.6 Application by electronic communication\n\nAn inspector may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including the inspector’s remote location.\nThe application—\nmay not be made before the inspector prepares the written application under clause 5(2); but\nmay be made before the written application is sworn.\nThe magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under subclause (1); and\nthe way the application was made under subclause (1) was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\notherwise—\nthe magistrate must tell the inspector the date and time the warrant is issued and the other terms of the warrant; and\nthe inspector must complete a form of warrant including by writing on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe other terms of the warrant.\nThe copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with clause 5(2) and (3); and\nif the inspector completed a form of warrant under subclause (4)(b), the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court.\nDespite subclause (5), if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis clause does not limit clause 5.\n(sch-sec.7-oc.6-ssec.1) An inspector may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including the inspector’s remote location.\n(sch-sec.7-oc.6-ssec.2) The application— may not be made before the inspector prepares the written application under clause 5(2); but may be made before the written application is sworn.\n(sch-sec.7-oc.6-ssec.3) The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under subclause (1); and the way the application was made under subclause (1) was appropriate.\n(sch-sec.7-oc.6-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the date and time the warrant is issued and the other terms of the warrant; and the inspector must complete a form of warrant including by writing on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the other terms of the warrant.\n(sch-sec.7-oc.6-ssec.5) The copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sch-sec.7-oc.6-ssec.6) The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with clause 5(2) and (3); and if the inspector completed a form of warrant under subclause (4)(b), the completed form of warrant.\n(sch-sec.7-oc.6-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court.\n(sch-sec.7-oc.6-ssec.8) Despite subclause (5), if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sch-sec.7-oc.6-ssec.9) This clause does not limit clause 5.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including the inspector’s remote location.\n- (a) may not be made before the inspector prepares the written application under clause 5(2); but\n- (b) may be made before the written application is sworn.\n- (a) it was necessary to make the application under subclause (1); and\n- (b) the way the application was made under subclause (1) was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\n- (b) otherwise— (i) the magistrate must tell the inspector the date and time the warrant is issued and the other terms of the warrant; and (ii) the inspector must complete a form of warrant including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (i) the magistrate must tell the inspector the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the inspector must complete a form of warrant including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (i) the magistrate must tell the inspector the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the inspector must complete a form of warrant including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\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 (4)(b), the completed form of warrant.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and\n- (b) the original warrant is not produced in evidence;","sortOrder":657},{"sectionNumber":"sch-sec.8-oc.6","sectionType":"section","heading":"Procedure before entry under warrant","content":"### sch-sec.8-oc.6 Procedure before entry under warrant\n\nBefore entering a place under a warrant, an inspector must do or make a reasonable attempt to do the following—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing the inspector’s identity card or another document evidencing the inspector’s appointment;\ngive the person a copy of the warrant;\ntell the person the inspector is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subclause (1) if the inspector reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sch-sec.8-oc.6-ssec.1) Before entering a place under a warrant, an inspector must do or make a reasonable attempt to do the following— identify himself or herself to a person present at the place who is an occupier of the place by producing the inspector’s identity card or another document evidencing the inspector’s appointment; give the person a copy of the warrant; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.\n(sch-sec.8-oc.6-ssec.2) However, the inspector need not comply with subclause (1) if the inspector reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the inspector’s identity card or another document evidencing the inspector’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the inspector is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.","sortOrder":658},{"sectionNumber":"sch-sec.9-oc.6","sectionType":"section","heading":"Powers after entering places","content":"### sch-sec.9-oc.6 Powers after entering places\n\nThis clause applies if an inspector enters a place under clause 4.\nThe inspector may for the purposes of the investigation do the following—\nsearch any part of the place;\ninspect, measure, test, photograph or film any part of the place or anything at the place;\ntake a thing, or a sample of or from a thing, at the place for analysis, measurement or testing;\ncopy, or take an extract from, a document, at the place;\ntake into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this Part;\nrequire the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (e);\nrequire the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Law is being complied with.\nWhen making a requirement referred to in subclause (2)(f) or (g), the inspector must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sch-sec.9-oc.6-ssec.1) This clause applies if an inspector enters a place under clause 4.\n(sch-sec.9-oc.6-ssec.2) The inspector may for the purposes of the investigation do the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing; copy, or take an extract from, a document, at the place; take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this Part; require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (e); require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Law is being complied with.\n(sch-sec.9-oc.6-ssec.3) When making a requirement referred to in subclause (2)(f) or (g), the inspector must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n- (a) search any part of the place;\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place;\n- (c) take a thing, or a sample of or from a thing, at the place for analysis, 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 the inspector reasonably requires for exercising a power under this Part;\n- (f) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector’s powers under paragraphs (a) to (e);\n- (g) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Law is being complied with.","sortOrder":659},{"sectionNumber":"sch-sec.10-oc.5","sectionType":"section","heading":"Offences for failing to comply with requirement under clause 9","content":"### sch-sec.10-oc.5 Offences for failing to comply with requirement under clause 9\n\nA person required to give reasonable help under clause 9(2)(f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nA person of whom a requirement is made under clause 9(2)(g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nIt is a reasonable excuse for an individual not to comply with a requirement under clause 9(2)(f) or (g) that complying with the requirement might tend to incriminate the individual.\n(sch-sec.10-oc.5-ssec.1) A person required to give reasonable help under clause 9(2)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.10-oc.5-ssec.2) A person of whom a requirement is made under clause 9(2)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.10-oc.5-ssec.3) It is a reasonable excuse for an individual not to comply with a requirement under clause 9(2)(f) or (g) that complying with the requirement might tend to incriminate the individual.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.","sortOrder":660},{"sectionNumber":"sch-sec.11-oc.5","sectionType":"section","heading":"Seizure of evidence","content":"### sch-sec.11-oc.5 Seizure of evidence\n\nAn inspector who enters a public place when the place is open to the public may seize a thing at the place if the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector.\nIf an inspector enters a place with the occupier’s consent, the inspector may seize a thing at the place if—\nthe inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector; and\nseizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent.\nIf an inspector enters a place with a warrant, the inspector may seize the evidence for which the warrant was issued.\nFor the purposes of subclauses (2) and (3), the inspector may also seize anything else at the place if the inspector reasonably believes—\nthe thing is evidence that is relevant to the investigation; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sch-sec.11-oc.5-ssec.1) An inspector who enters a public place when the place is open to the public may seize a thing at the place if the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector.\n(sch-sec.11-oc.5-ssec.2) If an inspector enters a place with the occupier’s consent, the inspector may seize a thing at the place if— the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector; and seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent.\n(sch-sec.11-oc.5-ssec.3) If an inspector enters a place with a warrant, the inspector may seize the evidence for which the warrant was issued.\n(sch-sec.11-oc.5-ssec.4) For the purposes of subclauses (2) and (3), the inspector may also seize anything else at the place if the inspector reasonably believes— the thing is evidence that is relevant to the investigation; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n- (a) the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector; and\n- (b) seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent.\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 or destroyed.","sortOrder":661},{"sectionNumber":"sch-sec.12-oc.4","sectionType":"section","heading":"Securing seized things","content":"### sch-sec.12-oc.4 Securing seized things\n\nHaving seized a thing, an inspector may—\nmove the thing from the place where it was seized; or\nleave the thing at the place where it was seized but take reasonable action to restrict access to it.\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 reasonable action to restrict access to it.","sortOrder":662},{"sectionNumber":"sch-sec.13-oc.4","sectionType":"section","heading":"Receipt for seized things","content":"### sch-sec.13-oc.4 Receipt for seized things\n\nAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subclause (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally the seized thing and its condition.\nThis clause does not apply to a thing if it is impracticable or would be unreasonable to give the receipt given the thing’s nature, condition and value.\n(sch-sec.13-oc.4-ssec.1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\n(sch-sec.13-oc.4-ssec.2) However, if for any reason it is not practicable to comply with subclause (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sch-sec.13-oc.4-ssec.3) The receipt must describe generally the seized thing and its condition.\n(sch-sec.13-oc.4-ssec.4) This clause does not apply to a thing if it is impracticable or would be unreasonable to give the receipt given the thing’s nature, condition and value.","sortOrder":663},{"sectionNumber":"sch-sec.14-oc.4","sectionType":"section","heading":"Forfeiture of seized thing","content":"### sch-sec.14-oc.4 Forfeiture of seized thing\n\nA seized thing is forfeited to the National Agency if the inspector who seized the thing—\ncannot find its owner, after making reasonable inquiries; or\ncannot return it to its owner, after making reasonable efforts.\nIn applying subclause (1)—\nsubclause (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubclause (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n(sch-sec.14-oc.4-ssec.1) A seized thing is forfeited to the National Agency if the inspector who seized the thing— cannot find its owner, after making reasonable inquiries; or cannot return it to its owner, after making reasonable efforts.\n(sch-sec.14-oc.4-ssec.2) In applying subclause (1)— subclause (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and subclause (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sch-sec.14-oc.4-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) cannot find its owner, after making reasonable inquiries; or\n- (b) cannot return it to its owner, after making reasonable efforts.\n- (a) subclause (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subclause (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":664},{"sectionNumber":"sch-sec.15-oc.4","sectionType":"section","heading":"Dealing with forfeited things","content":"### sch-sec.15-oc.4 Dealing with forfeited things\n\nOn the forfeiture of a thing to the National Agency, the thing becomes the Agency’s property and may be dealt with by the Agency as the Agency considers appropriate.\nWithout limiting subclause (1), the National Agency may destroy or dispose of the thing.\n(sch-sec.15-oc.4-ssec.1) On the forfeiture of a thing to the National Agency, the thing becomes the Agency’s property and may be dealt with by the Agency as the Agency considers appropriate.\n(sch-sec.15-oc.4-ssec.2) Without limiting subclause (1), the National Agency may destroy or dispose of the thing.","sortOrder":665},{"sectionNumber":"sch-sec.16-oc.4","sectionType":"section","heading":"Return of seized things","content":"### sch-sec.16-oc.4 Return of seized things\n\nIf a seized thing has not been forfeited, the inspector must return it to its owner—\nif proceedings involving the thing are started within 6 months after the thing is seized—at the end of the proceedings and any appeal from the proceedings; or\notherwise—\n6 months after the thing is seized; or\nat the end of any longer time for which the thing may be kept under subclause (3).\nDespite subclause (1), unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector is no longer satisfied its continued retention as evidence is necessary.\nIf the seized thing is a document, the inspector may keep it while the inspector is satisfied it is needed, or may be needed, for the purposes of—\na proceeding for an offence against this Law that is likely to be started or that has been started but not completed; or\nan appeal from a decision in a proceeding for an offence against this Law.\nsch sch 6 s 16 amd 2019 No. 3 s 23\n(sch-sec.16-oc.4-ssec.1) If a seized thing has not been forfeited, the inspector must return it to its owner— if proceedings involving the thing are started within 6 months after the thing is seized—at the end of the proceedings and any appeal from the proceedings; or otherwise— 6 months after the thing is seized; or at the end of any longer time for which the thing may be kept under subclause (3).\n(sch-sec.16-oc.4-ssec.2) Despite subclause (1), unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector is no longer satisfied its continued retention as evidence is necessary.\n(sch-sec.16-oc.4-ssec.3) If the seized thing is a document, the inspector may keep it while the inspector is satisfied it is needed, or may be needed, for the purposes of— a proceeding for an offence against this Law that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an offence against this Law.\n- (a) if proceedings involving the thing are started within 6 months after the thing is seized—at the end of the proceedings and any appeal from the proceedings; or\n- (b) otherwise— (i) 6 months after the thing is seized; or (ii) at the end of any longer time for which the thing may be kept under subclause (3).\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 kept under subclause (3).\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 kept under subclause (3).\n- (a) a proceeding for an offence against this Law that is likely to be started or that has been started but not completed; or\n- (b) an appeal from a decision in a proceeding for an offence against this Law.","sortOrder":666},{"sectionNumber":"sch-sec.17-oc.3","sectionType":"section","heading":"Access to seized things","content":"### sch-sec.17-oc.3 Access to seized things\n\nUntil a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it or take an extract from it.\nSubclause (1) does not apply if it is impracticable or would be unreasonable to allow the inspection, copying or taking of an extract.\nsch sch 6 s 17 amd 2019 No. 3 s 24\n(sch-sec.17-oc.3-ssec.1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it or take an extract from it.\n(sch-sec.17-oc.3-ssec.2) Subclause (1) does not apply if it is impracticable or would be unreasonable to allow the inspection, copying or taking of an extract.","sortOrder":667},{"sectionNumber":"sch-inc-sch.6-pt.3","sectionType":"part","heading":"General matters","content":"# General matters","sortOrder":668},{"sectionNumber":"sch-sec.18-oc.3","sectionType":"section","heading":"Damage to property","content":"### sch-sec.18-oc.3 Damage to property\n\nThis clause applies if—\nan inspector damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction of an inspector damages property.\nThe inspector must promptly give written notice of particulars of the damage to the person who appears to the inspector to be the owner of the property.\nIf the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector’s or other person’s control, the inspector must state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subclause (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis clause does not apply to damage the inspector reasonably believes is trivial.\nIn this clause—\nowner , of property, includes the person in possession or control of it.\n(sch-sec.18-oc.3-ssec.1) This clause applies if— an inspector damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages property.\n(sch-sec.18-oc.3-ssec.2) The inspector must promptly give written notice of particulars of the damage to the person who appears to the inspector to be the owner of the property.\n(sch-sec.18-oc.3-ssec.3) If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector’s or other person’s control, the inspector must state the belief in the notice.\n(sch-sec.18-oc.3-ssec.4) If, for any reason, it is impracticable to comply with subclause (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sch-sec.18-oc.3-ssec.5) This clause does not apply to damage the inspector reasonably believes is trivial.\n(sch-sec.18-oc.3-ssec.6) In this clause— owner , of property, includes the person in possession or control of it.\n- (a) an inspector damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction of an inspector damages property.","sortOrder":669},{"sectionNumber":"sch-sec.19-oc.2","sectionType":"section","heading":"Compensation","content":"### sch-sec.19-oc.2 Compensation\n\nA person may claim compensation from the National Agency if the person incurs loss or expense because of the exercise or purported exercise of a power under this Schedule by the inspector.\nWithout limiting subclause (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under this Schedule.\nCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nA court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.\n(sch-sec.19-oc.2-ssec.1) A person may claim compensation from the National Agency if the person incurs loss or expense because of the exercise or purported exercise of a power under this Schedule by the inspector.\n(sch-sec.19-oc.2-ssec.2) Without limiting subclause (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under this Schedule.\n(sch-sec.19-oc.2-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sch-sec.19-oc.2-ssec.4) A court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.","sortOrder":670},{"sectionNumber":"sch-sec.20-oc.2","sectionType":"section","heading":"False or misleading information","content":"### sch-sec.20-oc.2 False or misleading information\n\nA person must not state anything to an inspector that the person knows is false or misleading in a material particular.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.","sortOrder":671},{"sectionNumber":"sch-sec.21-oc.2","sectionType":"section","heading":"False or misleading documents","content":"### sch-sec.21-oc.2 False or misleading documents\n\nA person must not give an inspector a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nSubclause (1) does not apply to a person who, when giving the document—\ninforms the inspector, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the inspector if the person has, or can reasonably obtain, the correct information.\n(sch-sec.21-oc.2-ssec.1) A person must not give an inspector a document containing information the person knows is false or misleading in a material particular. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.21-oc.2-ssec.2) Subclause (1) does not apply to a person who, when giving the document— informs the inspector, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the inspector if the person has, or can reasonably obtain, the correct information.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.\n- (a) informs the inspector, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the inspector if the person has, or can reasonably obtain, the correct information.","sortOrder":672},{"sectionNumber":"sch-sec.22-oc.2","sectionType":"section","heading":"Obstructing inspectors","content":"### sch-sec.22-oc.2 Obstructing inspectors\n\nA person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—\nin the case of an individual—$5,000; or\nin the case of a body corporate—$10,000.\nIf a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\nit is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\nthe inspector considers the person’s conduct is an obstruction.\nIn this clause—\nobstruct includes hinder and attempt to obstruct or hinder.\n(sch-sec.22-oc.2-ssec.1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000.\n(sch-sec.22-oc.2-ssec.2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and the inspector considers the person’s conduct is an obstruction.\n(sch-sec.22-oc.2-ssec.3) In this clause— obstruct includes hinder and attempt to obstruct or hinder.\n- (a) in the case of an individual—$5,000; or\n- (b) in the case of a body corporate—$10,000.\n- (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\n- (b) the inspector considers the person’s conduct is an obstruction.","sortOrder":673},{"sectionNumber":"sch-sec.23-oc.2","sectionType":"section","heading":"Impersonation of inspectors","content":"### sch-sec.23-oc.2 Impersonation of inspectors\n\nA person must not pretend to be an inspector.\nMaximum penalty—$5,000.","sortOrder":674},{"sectionNumber":"sch-inc-sch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":675},{"sectionNumber":"sch-sec.1-oc.7","sectionType":"section","heading":"Displacement of Schedule by contrary intention","content":"### sch-sec.1-oc.7 Displacement of Schedule by contrary intention\n\nThe application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.","sortOrder":676},{"sectionNumber":"sch-inc-sch.7-pt.2","sectionType":"part","heading":"General","content":"# General","sortOrder":677},{"sectionNumber":"sch-sec.2-oc.7","sectionType":"section","heading":"Law to be construed not to exceed legislative power of Legislature","content":"### sch-sec.2-oc.7 Law to be construed not to exceed legislative power of Legislature\n\nThis Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\nIf a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction—\nit is a valid provision to the extent to which it is not in excess of the power; and\nthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\nThis clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n(sch-sec.2-oc.7-ssec.1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\n(sch-sec.2-oc.7-ssec.2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction— it is a valid provision to the extent to which it is not in excess of the power; and the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n(sch-sec.2-oc.7-ssec.3) This clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n- (a) it is a valid provision to the extent to which it is not in excess of the power; and\n- (b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.","sortOrder":678},{"sectionNumber":"sch-sec.3-oc.7","sectionType":"section","heading":"Every section to be a substantive enactment","content":"### sch-sec.3-oc.7 Every section to be a substantive enactment\n\nEvery section of this Law has effect as a substantive enactment without introductory words.","sortOrder":679},{"sectionNumber":"sch-sec.4-oc.7","sectionType":"section","heading":"Material that is, and is not, part of this Law","content":"### sch-sec.4-oc.7 Material that is, and is not, part of this Law\n\nThe heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\nA Schedule to this Law is part of this Law.\nPunctuation in this Law is part of this Law.\nA heading to a section or subsection of this Law does not form part of this Law.\nNotes included in this Law (including footnotes and endnotes) do not form part of this Law.\n(sch-sec.4-oc.7-ssec.1) The heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\n(sch-sec.4-oc.7-ssec.2) A Schedule to this Law is part of this Law.\n(sch-sec.4-oc.7-ssec.3) Punctuation in this Law is part of this Law.\n(sch-sec.4-oc.7-ssec.4) A heading to a section or subsection of this Law does not form part of this Law.\n(sch-sec.4-oc.7-ssec.5) Notes included in this Law (including footnotes and endnotes) do not form part of this Law.","sortOrder":680},{"sectionNumber":"sch-sec.5-oc.7","sectionType":"section","heading":"References to particular Acts and to enactments","content":"### sch-sec.5-oc.7 References to particular Acts and to enactments\n\nIn this Law—\nan Act of this jurisdiction may be cited—\nby its short title; or\nby reference to the year in which it was passed and its number; and\na Commonwealth Act may be cited—\nby its short title; or\nin another way sufficient in a Commonwealth Act for the citation of such an Act;\ntogether with a reference to the Commonwealth; and\nan Act of another jurisdiction may be cited—\nby its short title; or\nin another way sufficient in an Act of the jurisdiction for the citation of such an Act;\ntogether with a reference to the jurisdiction.\n- (a) an Act of this jurisdiction may be cited— (i) by its short title; or (ii) by reference to the year in which it was passed and its number; and\n- (i) by its short title; or\n- (ii) by reference to the year in which it was passed and its number; and\n- (b) a Commonwealth Act may be cited— (i) by its short title; or (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act; together with a reference to the Commonwealth; and\n- (i) by its short title; or\n- (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act;\n- (c) an Act of another jurisdiction may be cited— (i) by its short title; or (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act; together with a reference to the jurisdiction.\n- (i) by its short title; or\n- (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act;\n- (i) by its short title; or\n- (ii) by reference to the year in which it was passed and its number; and\n- (i) by its short title; or\n- (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act;\n- (i) by its short title; or\n- (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act;","sortOrder":681},{"sectionNumber":"sch-sec.6-oc.7","sectionType":"section","heading":"References taken to be included in Act or Law citation etc","content":"### sch-sec.6-oc.7 References taken to be included in Act or Law citation etc\n\nA reference in this Law to an Act includes a reference to—\nthe Act as originally enacted, and as amended from time to time since its original enactment; and\nif the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—the Act as re-enacted, and as amended from time to time since its re-enactment.\nA reference in this Law to a provision of this Law or of an Act includes a reference to—\nthe provision as originally enacted, and as amended from time to time since its original enactment; and\nif the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment.\nSubclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n(sch-sec.6-oc.7-ssec.1) A reference in this Law to an Act includes a reference to— the Act as originally enacted, and as amended from time to time since its original enactment; and if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—the Act as re-enacted, and as amended from time to time since its re-enactment.\n(sch-sec.6-oc.7-ssec.2) A reference in this Law to a provision of this Law or of an Act includes a reference to— the provision as originally enacted, and as amended from time to time since its original enactment; and if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment.\n(sch-sec.6-oc.7-ssec.3) Subclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n- (a) the Act as originally enacted, and as amended from time to time since its original enactment; and\n- (b) if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—the Act as re-enacted, and as amended from time to time since its re-enactment.\n- (a) the provision as originally enacted, and as amended from time to time since its original enactment; and\n- (b) if the provision has been omitted and re-enacted (with or without modification) since the enactment of the reference—the provision as re-enacted, and as amended from time to time since its re-enactment.","sortOrder":682},{"sectionNumber":"sch-sec.7-oc.7","sectionType":"section","heading":"Interpretation best achieving Law’s purpose","content":"### sch-sec.7-oc.7 Interpretation best achieving Law’s purpose\n\nIn the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\nSubclause (1) applies whether or not the purpose is expressly stated in this Law.\n(sch-sec.7-oc.7-ssec.1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\n(sch-sec.7-oc.7-ssec.2) Subclause (1) applies whether or not the purpose is expressly stated in this Law.","sortOrder":683},{"sectionNumber":"sch-sec.8-oc.7","sectionType":"section","heading":"Use of extrinsic material in interpretation","content":"### sch-sec.8-oc.7 Use of extrinsic material in interpretation\n\nIn this clause—\nextrinsic material means relevant material not forming part of this Law, including, for example—\nmaterial that is set out in the document containing the text of this Law as printed by the Government Printer; and\na relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and\na relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\na treaty or other international agreement that is mentioned in this Law; and\nan explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and\nthe speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and\nmaterial in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and\na document that is declared by this Law to be a relevant document for the purposes of this clause.\nordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\nSubject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation—\nif the provision is ambiguous or obscure—to provide an interpretation of it; or\nif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\nin any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\nIn determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to—\nthe desirability of a provision being interpreted as having its ordinary meaning; and\nthe undesirability of prolonging proceedings without compensating advantage; and\nother relevant matters.\n(sch-sec.8-oc.7-ssec.1) In this clause— extrinsic material means relevant material not forming part of this Law, including, for example— material that is set out in the document containing the text of this Law as printed by the Government Printer; and a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and a treaty or other international agreement that is mentioned in this Law; and an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and a document that is declared by this Law to be a relevant document for the purposes of this clause. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\n(sch-sec.8-oc.7-ssec.2) Subject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation— if the provision is ambiguous or obscure—to provide an interpretation of it; or if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n(sch-sec.8-oc.7-ssec.3) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— the desirability of a provision being interpreted as having its ordinary meaning; and the undesirability of prolonging proceedings without compensating advantage; and other relevant matters.\n- (a) material that is set out in the document containing the text of this Law as printed by the Government Printer; and\n- (b) a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and\n- (c) a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\n- (d) a treaty or other international agreement that is mentioned in this Law; and\n- (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and\n- (f) the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and\n- (g) material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and\n- (h) a document that is declared by this Law to be a relevant document for the purposes of this clause.\n- (a) if the provision is ambiguous or obscure—to provide an interpretation of it; or\n- (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\n- (c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n- (a) the desirability of a provision being interpreted as having its ordinary meaning; and\n- (b) the undesirability of prolonging proceedings without compensating advantage; and\n- (c) other relevant matters.","sortOrder":684},{"sectionNumber":"sch-sec.9-oc.7","sectionType":"section","heading":"Effect of change of drafting practice and use of examples","content":"### sch-sec.9-oc.7 Effect of change of drafting practice and use of examples\n\nIf—\na provision of this Law expresses an idea in particular words; and\na provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example—\nthe use of a clearer or simpler style; or\nthe use of gender-neutral language;\nthe ideas must not be taken to be different merely because different words are used.\n- (a) a provision of this Law expresses an idea in particular words; and\n- (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example— (i) the use of a clearer or simpler style; or (ii) the use of gender-neutral language;\n- (i) the use of a clearer or simpler style; or\n- (ii) the use of gender-neutral language;\n- (i) the use of a clearer or simpler style; or\n- (ii) the use of gender-neutral language;","sortOrder":685},{"sectionNumber":"sch-sec.10-oc.6","sectionType":"section","heading":"Use of examples","content":"### sch-sec.10-oc.6 Use of examples\n\nIf this Law includes an example of the operation of a provision—\nthe example is not exhaustive; and\nthe example does not limit, but may extend, the meaning of the provision; and\nthe example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.\n- (a) the example is not exhaustive; and\n- (b) the example does not limit, but may extend, the meaning of the provision; and\n- (c) the example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.","sortOrder":686},{"sectionNumber":"sch-sec.11-oc.6","sectionType":"section","heading":"Compliance with forms","content":"### sch-sec.11-oc.6 Compliance with forms\n\nIf a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\nIf a form prescribed or approved by or for the purpose of this Law requires—\nthe form to be completed in a specified way; or\nspecified information or documents to be included in, attached to or given with the form; or\nthe form, or information or documents included in, attached to or given with the form, to be verified in a specified way,\nthe form is not properly completed unless the requirement is complied with.\n(sch-sec.11-oc.6-ssec.1) If a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\n(sch-sec.11-oc.6-ssec.2) If a form prescribed or approved by or for the purpose of this Law requires— the form to be completed in a specified way; or specified information or documents to be included in, attached to or given with the form; or the form, or information or documents included in, attached to or given with the form, to be verified in a specified way, the form is not properly completed unless the requirement is complied with.\n- (a) the form to be completed in a specified way; or\n- (b) specified information or documents to be included in, attached to or given with the form; or\n- (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way,","sortOrder":687},{"sectionNumber":"sch-inc-sch.7-pt.3","sectionType":"part","heading":"Terms and references","content":"# Terms and references","sortOrder":688},{"sectionNumber":"sch-sec.12-oc.5","sectionType":"section","heading":"Definitions","content":"### sch-sec.12-oc.5 Definitions\n\nIn 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 promise, includes affirmation, declaration and promise.\namend includes—\nomit or omit and substitute; or\nalter or vary; or\namend by implication.\nappoint includes reappoint.\nAustralia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\nbusiness day means a day that is not—\na Saturday or Sunday; or\na public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.\ncalendar month means a period starting at the beginning of any day of one of the 12 named months and ending—\nimmediately before the beginning of the corresponding day of the next named month; or\nif there is no such corresponding day—at the end of the next named month.\ncalendar year means a period of 12 months beginning on 1 January.\ncommencement , in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation.\nCommonwealth means the Commonwealth of Australia but, when used 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—\na federation; or\na state, province or other part of a federation.\ndate of assent , in relation to an Act, means the day on which the Act receives the Royal Assent.\ndefinition means a provision of this Law (however expressed) that—\ngives a meaning to a word or expression; or\nlimits or extends the meaning of a word or expression.\ndocument includes—\nany paper or other material on which there is writing; or\nany paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or\nany disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device).\nelectronic communication means—\na communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\na communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.\nestate includes easement, charge, right, title, claim, demand, lien or encumbrance, 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, for the government of which as a Territory provision is made by a Commonwealth 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 sovereign 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 jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument.\nindividual means a natural person.\ninformation system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.\ninsert , in relation to a provision of this Law, includes substitute.\ninstrument includes a statutory instrument.\ninterest , in relation to land or other property, means—\na legal or equitable estate in the land or other property; or\na right, power or privilege over, or in relation to, the land or other property.\ninternal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.\nJervis Bay Territory means the Territory mentioned in the Jervis Bay Territory 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—\na number expressed in figures or words; or\na letter; or\na combination of a number so expressed and a letter.\noath , in relation to a person allowed by law to affirm, declare or promise, 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.\npower includes authority.\nprescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law.\nprinted includes typewritten, lithographed or reproduced by any mechanical means.\nproceeding means a legal or other action or proceeding.\nproperty means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.\nprovision , in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act , and includes—\na Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act ; or\na section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; or\nthe long title and any preamble to the Act .\nrecord includes information stored or recorded by means of a computer.\nrepeal includes—\nrevoke or rescind; or\nrepeal by implication; or\nabrogate or limit the effect of this Law or instrument concerned; or\nexclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance.\nsign includes the affixing of a seal or the making of a mark.\nstatutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding.\nstatutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument.\nswear , in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise.\nword includes any symbol, figure or drawing.\nwriting includes any mode of representing or reproducing words in a visible form.\nIn a statutory instrument—\nthe Law means this Law.\n(sch-sec.12-oc.5-ssec.1) In this Law— Act means an Act of the Legislature of this jurisdiction. adult means an individual who is 18 or more. affidavit , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise. amend includes— omit or omit and substitute; or alter or vary; or amend by implication. appoint includes reappoint. Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. business day means a day that is not— a Saturday or Sunday; or a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done. calendar month means a period starting at the beginning of any day of one of the 12 named months and ending— immediately before the beginning of the corresponding day of the next named month; or if there is no such corresponding day—at the end of the next named month. calendar year means a period of 12 months beginning on 1 January. commencement , in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation. Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. confer , in relation to a function, includes impose. contravene includes fail to comply with. country includes— a federation; or a state, province or other part of a federation. date of assent , in relation to an Act, means the day on which the Act receives the Royal Assent. definition means a provision of this Law (however expressed) that— gives a meaning to a word or expression; or limits or extends the meaning of a word or expression. document includes— any paper or other material on which there is writing; or any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device). electronic communication means— a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system. estate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity. expire includes lapse or otherwise cease to have effect. external Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act. fail includes refuse. financial year means a period of 12 months beginning on 1 July. foreign country means a country (whether or not an independent sovereign State) outside Australia and the external Territories. function includes a power, authority or duty. Gazette means the Government Gazette of this jurisdiction. gazetted means published in the Gazette. Gazette notice means notice published in the Gazette. Government Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument. individual means a natural person. information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications. insert , in relation to a provision of this Law, includes substitute. instrument includes a statutory instrument. interest , in relation to land or other property, means— a legal or equitable estate in the land or other property; or a right, power or privilege over, or in relation to, the land or other property. internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory. Jervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 (Cwlth) . make includes issue or grant. minor means an individual who is under 18. modification includes addition, omission or substitution. month means a calendar month. named month means 1 of the 12 months of the year. Northern Territory means the Northern Territory of Australia. number means— a number expressed in figures or words; or a letter; or a combination of a number so expressed and a letter. oath , in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise. office includes position. omit , in relation to a provision of this Law or an Act, includes repeal. party includes an individual or a body politic or corporate. penalty includes forfeiture or punishment. person includes an individual or a body politic or corporate. power includes authority. prescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law. printed includes typewritten, lithographed or reproduced by any mechanical means. proceeding means a legal or other action or proceeding. property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action. provision , in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act , and includes— a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act ; or a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; or the long title and any preamble to the Act . record includes information stored or recorded by means of a computer. repeal includes— revoke or rescind; or repeal by implication; or abrogate or limit the effect of this Law or instrument concerned; or exclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance. sign includes the affixing of a seal or the making of a mark. statutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding. statutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument. swear , in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise. word includes any symbol, figure or drawing. writing includes any mode of representing or reproducing words in a visible form.\n(sch-sec.12-oc.5-ssec.2) In a statutory instrument— the Law means this Law.\n- (a) omit or omit and substitute; or\n- (b) alter or vary; or\n- (c) amend by implication.\n- (a) a Saturday or Sunday; or\n- (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.\n- (a) immediately before the beginning of the corresponding day of the next named month; or\n- (b) if there is no such corresponding day—at the end of the next named month.\n- (a) a federation; or\n- (b) a state, province or other part of a federation.\n- (a) gives a meaning to a word or expression; or\n- (b) limits or extends the meaning of a word or expression.\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, symbols or perforations having a meaning for a person qualified to interpret them; or\n- (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device).\n- (a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\n- (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.\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 other property.\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.\n- (a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act ; or\n- (b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act ; or\n- (c) the long title and any preamble to the Act .\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; or\n- (d) exclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance.","sortOrder":689},{"sectionNumber":"sch-sec.13-oc.5","sectionType":"section","heading":"Provisions relating to defined terms and gender and number","content":"### sch-sec.13-oc.5 Provisions relating to defined terms and gender and number\n\nIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\nDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\nIn this Law, words indicating a gender include each other gender.\nIn this Law—\nwords in the singular include the plural; and\nwords in the plural include the singular.\n(sch-sec.13-oc.5-ssec.1) If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n(sch-sec.13-oc.5-ssec.2) Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n(sch-sec.13-oc.5-ssec.3) In this Law, words indicating a gender include each other gender.\n(sch-sec.13-oc.5-ssec.4) In this Law— words in the singular include the plural; and words in the plural include the singular.\n- (a) words in the singular include the plural; and\n- (b) words in the plural include the singular.","sortOrder":690},{"sectionNumber":"sch-sec.14-oc.5","sectionType":"section","heading":"Meaning of “may” and “must” etc","content":"### sch-sec.14-oc.5 Meaning of “may” and “must” etc\n\nIn this Law, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\nIn this Law, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\nThis clause has effect despite any rule of construction to the contrary.\n(sch-sec.14-oc.5-ssec.1) In this Law, the word may , or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\n(sch-sec.14-oc.5-ssec.2) In this Law, the word must , or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\n(sch-sec.14-oc.5-ssec.3) This clause has effect despite any rule of construction to the contrary.","sortOrder":691},{"sectionNumber":"sch-sec.15-oc.5","sectionType":"section","heading":"Words and expressions used in statutory instruments","content":"### sch-sec.15-oc.5 Words and expressions used in statutory instruments\n\nWords and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\nThis clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n(sch-sec.15-oc.5-ssec.1) Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\n(sch-sec.15-oc.5-ssec.2) This clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.","sortOrder":692},{"sectionNumber":"sch-sec.16-oc.5","sectionType":"section","heading":"Effect of express references to bodies corporate and individuals","content":"### sch-sec.16-oc.5 Effect of express references to bodies corporate and individuals\n\nIn this Law, a reference to a person generally (whether the expression “person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another” or “whoever” or another expression is used)—\ndoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and\ndoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).\n- (a) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and\n- (b) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).","sortOrder":693},{"sectionNumber":"sch-sec.17-oc.4","sectionType":"section","heading":"Production of records kept in computers etc","content":"### sch-sec.17-oc.4 Production of records kept in computers etc\n\nIf a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—\nto produce the information or a document containing the information to a court, tribunal or person; or\nto make a document containing the information available for inspection by a court, tribunal or person;\nthen, unless the court, tribunal or person otherwise directs—\nthe requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\nthe production to the court, tribunal or person of the document in that form complies with the requirement.\n- (a) to produce the information or a document containing the information to a court, tribunal or person; or\n- (b) to make a document containing the information available for inspection by a court, tribunal or person;\n- (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\n- (d) the production to the court, tribunal or person of the document in that form complies with the requirement.","sortOrder":694},{"sectionNumber":"sch-sec.18-oc.4","sectionType":"section","heading":"References to this jurisdiction to be implied","content":"### sch-sec.18-oc.4 References to this jurisdiction to be implied\n\nIn this Law—\na reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\na reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.\n- (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\n- (b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.","sortOrder":695},{"sectionNumber":"sch-sec.19-oc.3","sectionType":"section","heading":"References to officers and holders of offices","content":"### sch-sec.19-oc.3 References to officers and holders of offices\n\nIn this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.","sortOrder":696},{"sectionNumber":"sch-sec.20-oc.3","sectionType":"section","heading":"Reference to certain provisions of Law","content":"### sch-sec.20-oc.3 Reference to certain provisions of Law\n\nIf a provision of this Law refers—\nto a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or\nto a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or\nto a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—\nthe Division, designated by the number, of the Part in which the reference occurs; and\nthe Subdivision, designated by the number, of the Division in which the reference occurs; and\nthe subsection, designated by the number, of the section in which the reference occurs; and\nthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\nthe paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\nthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\nthe sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\nthe section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;\nas the case requires.\n- (a) to a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or\n- (b) to a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or\n- (c) to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to— (i) the Division, designated by the number, of the Part in which the reference occurs; and (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and (iii) the subsection, designated by the number, of the section in which the reference occurs; and (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs; as the case requires.\n- (i) the Division, designated by the number, of the Part in which the reference occurs; and\n- (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and\n- (iii) the subsection, designated by the number, of the section in which the reference occurs; and\n- (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n- (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n- (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n- (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n- (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;\n- (i) the Division, designated by the number, of the Part in which the reference occurs; and\n- (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and\n- (iii) the subsection, designated by the number, of the section in which the reference occurs; and\n- (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n- (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n- (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n- (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n- (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;","sortOrder":697},{"sectionNumber":"sch-sec.21-oc.3","sectionType":"section","heading":"Reference to provisions of this Law or an Act is inclusive","content":"### sch-sec.21-oc.3 Reference to provisions of this Law or an Act is inclusive\n\nIn this Law, a reference to a portion of this Law or an Act includes—\na reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and\na reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that 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 reference is given an inclusive interpretation.\n- (a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and\n- (b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.","sortOrder":698},{"sectionNumber":"sch-inc-sch.7-pt.4","sectionType":"part","heading":"Functions and powers","content":"# Functions and powers","sortOrder":699},{"sectionNumber":"sch-sec.22-oc.3","sectionType":"section","heading":"Performance of statutory functions","content":"### sch-sec.22-oc.3 Performance of statutory functions\n\nIf this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\nIf this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\nIf this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.\n(sch-sec.22-oc.3-ssec.1) If this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\n(sch-sec.22-oc.3-ssec.2) If this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\n(sch-sec.22-oc.3-ssec.3) If this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.","sortOrder":700},{"sectionNumber":"sch-sec.23-oc.3","sectionType":"section","heading":"Power to make instrument or decision includes power to amend or repeal","content":"### sch-sec.23-oc.3 Power to make instrument or decision includes power to amend or repeal\n\nIf this Law authorises or requires the making of an instrument or decision—\nthe power includes power to amend or repeal the instrument or decision; and\nthe power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.\n- (a) the power includes power to amend or repeal the instrument or decision; and\n- (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.","sortOrder":701},{"sectionNumber":"sch-sec.24","sectionType":"section","heading":"Matters for which statutory instruments may make provision","content":"### sch-sec.24 Matters for which statutory instruments may make provision\n\nIf this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—\nan Act or statutory instrument; or\nanother document (whether of the same or a different kind);\nas in force at a particular time or as in force from time to time.\nIf a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\nA statutory instrument may—\napply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\napply generally to all persons, matters or things or be limited in its application to—\nparticular persons, matters or things; or\nparticular classes of persons, matters or things; or\notherwise apply generally or be limited in its application by reference to specified exceptions or factors.\nA statutory instrument may—\napply differently according to different specified factors; or\notherwise make different provision in relation to—\ndifferent persons, matters or things; or\ndifferent classes of persons, matters or things.\nA statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\nIf this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\nIf this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\nA statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\nA statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n(sch-sec.24-ssec.1) If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of— an Act or statutory instrument; or another document (whether of the same or a different kind); as in force at a particular time or as in force from time to time.\n(sch-sec.24-ssec.2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\n(sch-sec.24-ssec.3) A statutory instrument may— apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or apply generally to all persons, matters or things or be limited in its application to— particular persons, matters or things; or particular classes of persons, matters or things; or otherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n(sch-sec.24-ssec.4) A statutory instrument may— apply differently according to different specified factors; or otherwise make different provision in relation to— different persons, matters or things; or different classes of persons, matters or things.\n(sch-sec.24-ssec.5) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\n(sch-sec.24-ssec.6) If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\n(sch-sec.24-ssec.7) If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\n(sch-sec.24-ssec.8) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\n(sch-sec.24-ssec.9) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n- (a) an Act or statutory instrument; or\n- (b) another document (whether of the same or a different kind);\n- (a) apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\n- (b) apply generally to all persons, matters or things or be limited in its application to— (i) particular persons, matters or things; or (ii) particular classes of persons, matters or things; or\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 reference to specified exceptions or factors.\n- (i) particular persons, matters or things; or\n- (ii) particular classes of persons, matters or things; or\n- (a) apply differently according to different specified factors; or\n- (b) otherwise make different provision in relation to— (i) different persons, matters or things; or (ii) different classes of persons, matters or things.\n- (i) different persons, matters or things; or\n- (ii) different classes of persons, matters or things.\n- (i) different persons, matters or things; or\n- (ii) different classes of persons, matters or things.","sortOrder":702},{"sectionNumber":"sch-sec.25","sectionType":"section","heading":"Presumption of validity and power to make","content":"### sch-sec.25 Presumption of validity and power to make\n\nAll conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\nA statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.\n(sch-sec.25-ssec.1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\n(sch-sec.25-ssec.2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.","sortOrder":703},{"sectionNumber":"sch-sec.26","sectionType":"section","heading":"Appointments may be made by name or office","content":"### sch-sec.26 Appointments may be made by name or office\n\nIf this Law authorises or requires a person or body—\nto appoint a person to an office; or\nto appoint a person or body to exercise a power; or\nto appoint a person or body to do another thing;\nthe person or body may make the appointment by—\nappointing a person or body by name; or\nappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\nAn appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n(sch-sec.26-ssec.1) If this Law authorises or requires a person or body— to appoint a person to an office; or to appoint a person or body to exercise a power; or to appoint a person or body to do another thing; the person or body may make the appointment by— appointing a person or body by name; or appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n(sch-sec.26-ssec.2) An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\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;\n- (d) appointing a person or body by name; or\n- (e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.","sortOrder":704},{"sectionNumber":"sch-sec.27","sectionType":"section","heading":"Acting appointments","content":"### sch-sec.27 Acting appointments\n\nIf this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—\na person by name; or\na particular officer, or the holder of a particular office, by reference to the title of the office concerned;\nto act in the office.\nThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\nThe appointer may—\ndetermine the terms and conditions of the appointment, including remuneration and allowances; and\nterminate the appointment at any time.\nThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\nThe appointee must not act for more than 1 year during a vacancy in the office.\nIf the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—\nthe appointer otherwise directs; or\nthe vacancy is filled; or\nthe end of a year from the day of the vacancy;\nwhichever happens first.\nThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\nWhile the appointee is acting in the office—\nthe appointee has all the powers and functions of the holder of the office; and\nthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\nAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\nthe occasion for the appointment had not arisen; or\nthe appointment had ceased to have effect; or\nthe occasion for the person to act had not arisen or had ceased.\nIf this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n(sch-sec.27-ssec.1) If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint— a person by name; or a particular officer, or the holder of a particular office, by reference to the title of the office concerned; to act in the office.\n(sch-sec.27-ssec.2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sch-sec.27-ssec.3) The appointer may— determine the terms and conditions of the appointment, including remuneration and allowances; and terminate the appointment at any time.\n(sch-sec.27-ssec.4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n(sch-sec.27-ssec.5) The appointee must not act for more than 1 year during a vacancy in the office.\n(sch-sec.27-ssec.6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until— the appointer otherwise directs; or the vacancy is filled; or the end of a year from the day of the vacancy; whichever happens first.\n(sch-sec.27-ssec.7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n(sch-sec.27-ssec.8) While the appointee is acting in the office— the appointee has all the powers and functions of the holder of the office; and this Law and other laws apply to the appointee as if the appointee were the holder of the office.\n(sch-sec.27-ssec.9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— the occasion for the appointment had not arisen; or the appointment had ceased to have effect; or the occasion for the person to act had not arisen or had ceased.\n(sch-sec.27-ssec.10) If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n- (a) a person by name; or\n- (b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned;\n- (a) determine the terms and conditions of the appointment, including remuneration and allowances; and\n- (b) terminate the appointment at any time.\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;\n- (a) the appointee has all the powers and functions of the holder of the office; and\n- (b) this Law and other laws apply to the appointee as if the appointee were the holder of the office.\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.","sortOrder":705},{"sectionNumber":"sch-sec.28","sectionType":"section","heading":"Powers of appointment imply certain incidental powers","content":"### sch-sec.28 Powers of appointment imply certain incidental powers\n\nIf this Law authorises or requires a person or body to appoint a person to an office—\nthe power may be exercised from time to time as occasion requires; and\nthe power includes—\npower to remove or suspend, at any time, a person appointed to the office; and\npower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\npower to reinstate or reappoint a person removed or suspended; and\npower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\npower to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\nThe power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\nThe power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\nAn appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n(sch-sec.28-ssec.1) If this Law authorises or requires a person or body to appoint a person to an office— the power may be exercised from time to time as occasion requires; and the power includes— power to remove or suspend, at any time, a person appointed to the office; and power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and power to reinstate or reappoint a person removed or suspended; and power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n(sch-sec.28-ssec.2) The power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\n(sch-sec.28-ssec.3) The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\n(sch-sec.28-ssec.4) An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n- (a) the power may be exercised from time to time as occasion requires; and\n- (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n- (i) power to remove or suspend, at any time, a person appointed to the office; and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n- (iii) power to reinstate or reappoint a person removed or suspended; and\n- (iv) power to appoint a person to act in the office if it is vacant (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 appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n- (i) power to remove or suspend, at any time, a person appointed to the office; and\n- (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n- (iii) power to reinstate or reappoint a person removed or suspended; and\n- (iv) power to appoint a person to act in the office if it is vacant (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 appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).","sortOrder":706},{"sectionNumber":"sch-sec.29","sectionType":"section","heading":"Delegation of functions","content":"### sch-sec.29 Delegation of functions\n\nIf this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—\na person or body by name; or\na specified officer, or the holder of a specified office, by reference to the title of the office concerned.\nThe delegation may be—\ngeneral or limited; and\nmade from time to time; and\nrevoked, wholly or partly, by the delegator.\nThe delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\nA delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\nThe delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.\nA delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\nA delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\nIf, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.\nIf—\nthe delegator is a specified officer or the holder of a specified office; and\nthe person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;\nthen—\nthe delegation continues in force; and\nthe person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.\nIf—\nthe delegator is a body; and\nthere is a change in the membership of the body;\nthen—\nthe delegation continues in force; and\nthe body as constituted for the time being is taken to be the delegator for the purposes of this section.\nIf a function is delegated to a specified officer or the holder of a specified office—\nthe delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and\nthe function may be exercised by the person for the time being occupying or acting in the office concerned.\nA function that has been delegated may, despite the delegation, be exercised by the delegator.\nThe delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.\nSubject to subsection (15) , this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\nIf this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n(sch-sec.29-ssec.1) If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to— a person or body by name; or a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n(sch-sec.29-ssec.2) The delegation may be— general or limited; and made from time to time; and revoked, wholly or partly, by the delegator.\n(sch-sec.29-ssec.3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\n(sch-sec.29-ssec.4) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n(sch-sec.29-ssec.5) The delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.\n(sch-sec.29-ssec.6) A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\n(sch-sec.29-ssec.7) A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\n(sch-sec.29-ssec.8) If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.\n(sch-sec.29-ssec.9) If— the delegator is a specified officer or the holder of a specified office; and the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office; then— the delegation continues in force; and the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.\n(sch-sec.29-ssec.10) If— the delegator is a body; and there is a change in the membership of the body; then— the delegation continues in force; and the body as constituted for the time being is taken to be the delegator for the purposes of this section.\n(sch-sec.29-ssec.11) If a function is delegated to a specified officer or the holder of a specified office— the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and the function may be exercised by the person for the time being occupying or acting in the office concerned.\n(sch-sec.29-ssec.12) A function that has been delegated may, despite the delegation, be exercised by the delegator.\n(sch-sec.29-ssec.13) The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.\n(sch-sec.29-ssec.14) Subject to subsection (15) , this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\n(sch-sec.29-ssec.15) If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n- (a) a person or body by name; or\n- (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n- (a) general or limited; and\n- (b) made from time to time; and\n- (c) revoked, wholly or partly, by the delegator.\n- (a) the delegator is a specified officer or the holder of a specified office; and\n- (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder 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 concerned is taken to be the delegator for the purposes of this section.\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 delegator for the purposes of this section.\n- (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and\n- (b) the function may be exercised by the person for the time being occupying or acting in the office concerned.","sortOrder":707},{"sectionNumber":"sch-sec.30","sectionType":"section","heading":"Exercise of powers between enactment and commencement","content":"### sch-sec.30 Exercise of powers between enactment and commencement\n\nIf a provision of this Law (the empowering provision ) that does not commence on its enactment would, had it commenced, confer a power—\nto make an appointment; or\nto make a statutory instrument of a legislative or administrative character; or\nto do another thing;\nthen—\nthe power may be exercised; and\nanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\nbefore the empowering provision commences.\nIf a provision of a Queensland Act (the empowering provision ) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—\nto make an appointment; or\nto make a statutory instrument of a legislative or administrative character; or\nto do another thing;\nthen—\nthe power may be exercised; and\nanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\nbefore the empowering provision commences.\nIf—\nthis Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power ); and\na provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power );\nthen—\nthe basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and\nany provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).\nIf an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—\nenabling the exercise of a power mentioned in the subclause; or\nbringing an appointment, instrument or other thing made or done under such a power into effect;\nthe instrument or provision takes effect—\non the making of the instrument; or\non such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\nIf—\nan appointment is made under subclause (1) or (2); or\nan instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4);\nthe appointment, instrument or provision takes effect—\non the commencement of the relevant empowering provision; or\non such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\nAnything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\nAfter the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\nIn the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n(sch-sec.30-ssec.1) If a provision of this Law (the empowering provision ) that does not commence on its enactment would, had it commenced, confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing; then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences.\n(sch-sec.30-ssec.2) If a provision of a Queensland Act (the empowering provision ) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power— to make an appointment; or to make a statutory instrument of a legislative or administrative character; or to do another thing; then— the power may be exercised; and anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences.\n(sch-sec.30-ssec.3) If— this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power ); and a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power ); then— the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).\n(sch-sec.30-ssec.4) If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of— enabling the exercise of a power mentioned in the subclause; or bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— on the making of the instrument; or on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n(sch-sec.30-ssec.5) If— an appointment is made under subclause (1) or (2); or an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4); the appointment, instrument or provision takes effect— on the commencement of the relevant empowering provision; or on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\n(sch-sec.30-ssec.6) Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n(sch-sec.30-ssec.7) After the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\n(sch-sec.30-ssec.8) In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\n- (a) to make an appointment; or\n- (b) to make a statutory instrument of a legislative or administrative character; 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 of the power or of bringing the appointment, instrument or other thing into effect;\n- (a) to make an appointment; or\n- (b) to make a statutory instrument of a legislative or administrative character; 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 of the power or of bringing the appointment, instrument or other thing into effect;\n- (a) this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power ); and\n- (b) a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power );\n- (c) the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and\n- (d) any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).\n- (a) enabling the exercise of a power mentioned in the subclause; or\n- (b) bringing an appointment, instrument or other thing made or done under such a power into 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) at which, the instrument or provision is expressed to take effect.\n- (a) an appointment is made under subclause (1) or (2); or\n- (b) an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4);\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) at which, the appointment, instrument or provision is expressed to take effect.","sortOrder":708},{"sectionNumber":"sch-inc-sch.7-pt.5","sectionType":"part","heading":"Distance, time and age","content":"# Distance, time and age","sortOrder":709},{"sectionNumber":"sch-sec.31","sectionType":"section","heading":"Matters relating to distance, time and age","content":"### sch-sec.31 Matters relating to distance, time and age\n\nIn the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\nIf a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—\nif the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\nin any other case—by including the day on which the purpose is to be fulfilled.\nIf the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\nIf the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\nIf no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\nIf, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\nFor the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.\n(sch-sec.31-ssec.1) In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\n(sch-sec.31-ssec.2) If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and— if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and in any other case—by including the day on which the purpose is to be fulfilled.\n(sch-sec.31-ssec.3) If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\n(sch-sec.31-ssec.4) If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\n(sch-sec.31-ssec.5) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\n(sch-sec.31-ssec.6) If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\n(sch-sec.31-ssec.7) For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.\n- (a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\n- (b) in any other case—by including the day on which the purpose is to be fulfilled.","sortOrder":710},{"sectionNumber":"sch-inc-sch.7-pt.6","sectionType":"part","heading":"Effect of repeal, amendment or expiration","content":"# Effect of repeal, amendment or expiration","sortOrder":711},{"sectionNumber":"sch-sec.32","sectionType":"section","heading":"Time of Law ceasing to have effect","content":"### sch-sec.32 Time of Law ceasing to have effect\n\nIf a provision of this Law is expressed—\nto expire on a specified day; or\nto remain or continue in force, or otherwise have effect, until a specified day;\nthis provision has effect until the last moment of the specified day.\n- (a) to expire on a specified day; or\n- (b) to remain or continue in force, or otherwise have effect, until a specified day;","sortOrder":712},{"sectionNumber":"sch-sec.33","sectionType":"section","heading":"Repealed Law provisions not revived","content":"### sch-sec.33 Repealed Law provisions not revived\n\nIf a provision of this Law is repealed or amended by a Queensland Act, or a provision of a Queensland Act, the provision is not revived merely because the Queensland Act or the provision of the Queensland Act—\nis later repealed or amended; or\nlater expires.\n- (a) is later repealed or amended; or\n- (b) later expires.","sortOrder":713},{"sectionNumber":"sch-sec.34","sectionType":"section","heading":"Saving of operation of repealed Law provisions","content":"### sch-sec.34 Saving of operation of repealed Law provisions\n\nThe repeal, amendment or expiry of a provision of this Law does not—\nrevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\naffect the previous operation of the provision or anything suffered, done or begun under the provision; or\naffect a right, privilege or liability acquired, accrued or incurred under the provision; or\naffect a penalty incurred in relation to an offence arising under the provision; or\naffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\nAny such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n(sch-sec.34-ssec.1) The repeal, amendment or expiry of a provision of this Law does not— revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or affect the previous operation of the provision or anything suffered, done or begun under the provision; or affect a right, privilege or liability acquired, accrued or incurred under the provision; or affect a penalty incurred in relation to an offence arising under the provision; or affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n(sch-sec.34-ssec.2) Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n- (a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n- (b) affect the previous operation of the provision or anything suffered, done or begun under the provision; or\n- (c) affect a right, privilege or liability acquired, accrued or incurred under the provision; or\n- (d) affect a penalty incurred in relation to an offence arising under the provision; or\n- (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.","sortOrder":714},{"sectionNumber":"sch-sec.35","sectionType":"section","heading":"Continuance of repealed provisions","content":"### sch-sec.35 Continuance of repealed provisions\n\nIf a Queensland Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.","sortOrder":715},{"sectionNumber":"sch-sec.36","sectionType":"section","heading":"Law and amending Acts to be read as one","content":"### sch-sec.36 Law and amending Acts to be read as one\n\nThis Law and all Queensland Acts amending this Law are to be read as one.","sortOrder":716},{"sectionNumber":"sch-inc-sch.7-pt.7","sectionType":"part","heading":"Instruments under Law","content":"# Instruments under Law","sortOrder":717},{"sectionNumber":"sch-sec.37","sectionType":"section","heading":"Schedule applies to statutory instruments","content":"### sch-sec.37 Schedule applies to statutory instruments\n\nThis Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\nThe fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.\n(sch-sec.37-ssec.1) This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\n(sch-sec.37-ssec.2) The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.","sortOrder":718},{"sectionNumber":"sch-inc-sch.7-pt.8","sectionType":"part","heading":"Application to coastal sea","content":"# Application to coastal sea","sortOrder":719},{"sectionNumber":"sch-sec.38","sectionType":"section","heading":"Application","content":"### sch-sec.38 Application\n\nThis Law has effect in and in relation to the coastal sea of this jurisdiction as if that coastal sea were part of this jurisdiction.\nsch sch 7 s 38 amd 2022 No. 22 s 129","sortOrder":720}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":667},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2009 purpose of adopting the National Law. The 2013 amendments fundamentally restructured Queensland's participation by creating a 'co-regulatory jurisdiction' model where the Health Ombudsman assumes functions that the National Agency performs elsewhere. This represents a major divergence from the original national scheme intent, adding substantial Queensland-specific machinery including parallel complaint handling, referral protocols, and funding arrangements (section 26A complaints component). The 2022 amendments further expanded scope with new provisions for undertakings, withdrawal of registration, and suspension period renewals."},"complexity_factors":["Extensive cross-referencing between the Queensland Act and the scheduled National Law provisions","Multiple amendment layers with 2013, 2017, 2019, 2022 and 2025 amendments creating fragmented text","Co-regulatory jurisdiction arrangements creating parallel complaint pathways (Health Ombudsman vs National Agency)","Nested conditional logic for registration types (general, specialist, provisional, limited, non-practising) with different eligibility rules","Defined terms section with 50+ specialised definitions including 'co-regulatory authority', 'adjudication body', 'referred matter'","Modification provisions in Part 4 that rewrite National Law sections through complex substitution and insertion mechanics","Transitional provisions for the 2013 Health Ombudsman Act creating overlapping jurisdiction arrangements","Exclusion of standard Queensland legislation (Acts Interpretation Act, Ombudsman Act, etc.) from applying to the adopted National Law"],"plain_english_summary":"This legislation establishes a **national registration and accreditation scheme** for health practitioners across Australia. It creates the **Australian Health Practitioner Regulation Agency (AHPRA)** and **National Boards** for each health profession to register qualified practitioners, set professional standards, and investigate complaints about conduct, performance or health.\n\n**Key things this law does:**\n- **Registers health practitioners** in 15 professions (doctors, nurses, dentists, pharmacists, psychologists, etc.) and students undertaking approved training\n- **Sets national standards** for education, professional conduct, continuing education, and English language skills\n- **Investigates complaints** about practitioners' health, performance or conduct, with powers to impose conditions, suspend or cancel registration\n- **Protects professional titles** — it's illegal to use protected titles like \"doctor,\" \"nurse,\" or \"psychologist\" without registration\n- **Requires mandatory notifications** when practitioners or employers become aware of serious risks to public safety\n\n**Who it affects:** Anyone practising a regulated health profession, students in training programs, employers of health practitioners, and education providers.\n\n**Why it matters:** It ensures only qualified, competent practitioners can practise, protects the public from unsafe care, and allows practitioners to work across state borders with a single national registration.\n\n**Queensland-specific features:** The Act adopts the national law with modifications — notably, Queensland is a **\"co-regulatory jurisdiction\"** where the **Health Ombudsman** handles complaints about practitioner conduct and performance, rather than AHPRA. The Ombudsman can refer matters to National Boards for investigation, and serious cases may go to QCAT (Queensland Civil and Administrative Tribunal)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.7A and sec.7B/7C","severity":"medium","reasoning":"Section 7A opts Queensland out of the national conduct process. Sections 7B and 7C then assign the health ombudsman roles (co-regulatory authority, adjudication body) that are defined within and derive their purpose from exactly that process. You cannot meaningfully hold a role in a process you have declared yourself not to be participating in, even if the mechanism is a co-regulatory substitution — the declaration of non-participation sits in tension with the positive declarations of participation-adjacent roles.","confidence":0.72,"description":"Queensland declares it is NOT participating in the health, performance and conduct process (part 8, divisions 3-12), yet simultaneously declares the health ombudsman IS a co-regulatory authority and adjudication body for those very same processes. The co-regulatory framework only has meaning in relation to the processes Queensland has opted out of."},{"type":"other","section":"sec.34-frag-div.5-sec.150A (s.150A(2) and s.150A(3))","severity":"low","reasoning":"While the privilege against self-incrimination is constitutionally well-founded, the legislative drafting creates a near-complete carve-out for individuals that largely negates the compulsory information power in the most significant cases. This is a structural tension rather than a strict contradiction, but it renders the penalty provision of limited practical effect.","confidence":0.65,"description":"A person is required to comply with an information notice under penalty of $5,000 (subsection 2), but subsection 3 provides that it is a 'reasonable excuse' not to comply if doing so might incriminate the individual. The penalty provision is therefore practically unenforceable against the primary targets of a health conduct investigation — the practitioners themselves — since self-incrimination will almost always be available as an excuse in that context."},{"type":"self_contradicting","section":"sec.50-frag-sec.193C and sec.50-frag-sec.193-ssec.1","severity":"medium","reasoning":"The mandatory notification chain in s.193(1)-(2) appears to remove Board discretion once triggered — the ombudsman must respond and must direct. Section 193C's public interest override sits uneasily with this mandatory chain, creating ambiguity about whether the Board can invoke s.193C before notifying the ombudsman (which s.193(1) does not permit) or after (which would conflict with the ombudsman's mandatory response obligation under s.193(2)).","confidence":0.7,"description":"Section 193 mandates that the National Board MUST notify the health ombudsman when it forms a reasonable belief of professional misconduct or grounds for suspension/cancellation. Section 193C then permits the Board to decide NOT to refer the matter to a responsible tribunal on public interest grounds. However, once the health ombudsman is notified under s.193, s.193(2) requires the ombudsman to ask the Board to either refer to the ombudsman or continue under the National Law — meaning the Board cannot simply do nothing. The 'no public interest' decision in s.193C therefore creates an apparent dead-end: the Board cannot avoid a direction from the ombudsman after mandatory notification, yet s.193C implies the Board retains an independent power not to refer."},{"type":"impossible_compliance","section":"sec.19-frag-sec.26A-ssec.2","severity":"medium","reasoning":"Determining what costs the National Agency and National Board 'would have' incurred under a counterfactual statutory scheme that never existed requires speculative modelling. There is no objective basis for verification or challenge of such a figure, making the mandatory standard ('must reflect') effectively meaningless as a binding constraint.","confidence":0.75,"description":"The complaints component amount 'must reflect the reasonable cost of the health ombudsman performing functions... that would be performed by the National Agency and the National Board... if the Health Ombudsman Act 2013 had not been enacted.' This requires calculating costs for a hypothetical counterfactual scenario — work that was never performed by entities under a law that was never not enacted. This is practically impossible to calculate with any precision and creates an unverifiable standard."},{"type":"self_contradicting","section":"sec.34-frag-div.5-sec.151-ssec.2","severity":"low","reasoning":"While legally this is an established and defensible drafting technique (closing a matter while preserving it as context), the combination of 'no further action' with express preservation of future use creates an internal semantic contradiction: the matter is simultaneously closed and kept alive for future proceedings.","confidence":0.6,"description":"A National Board may decide to take 'no further action' in relation to a referred matter, yet the same provision states this decision does NOT prevent a National Board or adjudication body from 'taking the referred matter into consideration at a later time as part of a pattern of conduct.' The phrase 'no further action' is thus misleading — further action (of a kind) is expressly preserved."},{"type":"other","section":"sec.2","severity":"medium","reasoning":"Part 4 was substantially inserted by 2013 No. 36 and subsequent amendments, so it may have its own commencement provisions in the amending Acts. However, on the face of this consolidated Act, s.2 excludes part 4 from the general commencement date without providing an alternative commencement provision within the Act itself, creating apparent legislative incompleteness.","confidence":0.55,"description":"The Act commences 'other than part 4' on 1 July 2010. Part 4 contains the modifications of National Law provisions that are essential for the Law to operate correctly in Queensland (including the entire co-regulatory framework inserted in 2013). There is no commencement date specified for part 4 in section 2, creating a gap: part 4 has no stated commencement mechanism on the face of the Act."}],"contradictions":[{"severity":"high","section_a":"sec.7A","section_b":"sec.34 (inserting pt.8 div.5, ss.148-151) and sec.50 (inserting ss.193-193D)","confidence":0.78,"description":"Section 7A declares Queensland is NOT participating in the health, performance and conduct process in part 8, divisions 3-12. Yet part 4 of the Act extensively modifies and inserts detailed operative provisions within exactly those divisions (div.5 preliminary assessment, div.12 referrals), and treats them as fully operative Queensland law via s.4. The Act simultaneously opts out of and operatively enacts the process."},{"severity":"high","section_a":"sec.50-frag-sec.193B-ssec.1","section_b":"sec.50-frag-sec.193C-ssec.1","confidence":0.82,"description":"Section 193B(1) states that a National Board MUST refer a matter to a responsible tribunal if a panel asks it to and it is not a matter for the health ombudsman. Section 193C(1) states a National Board MAY decide NOT to refer a matter to a responsible tribunal on public interest grounds. The mandatory obligation in s.193B(1) and the discretionary override in s.193C(1) apply to the same class of matters (professional misconduct/registration grounds), creating a direct conflict between a 'must refer' and a 'may decide not to refer' obligation."},{"severity":"medium","section_a":"sec.50-frag-sec.193A-ssec.1","section_b":"sec.50-frag-sec.193A-ssec.3","confidence":0.68,"description":"Section 193A(1) requires the National Board to refer a matter to the health ombudsman when the ombudsman requests it under s.193(2). Section 193A(3) then requires the health ombudsman, upon that referral AND notification under s.193A(2) (panel referral to tribunal), to refer the matter to the responsible tribunal. This creates a circular referral loop: the Board refers to the ombudsman (s.193A(1)), and the ombudsman must then refer to the responsible tribunal (s.193A(3)), potentially bypassing the ombudsman's own role as adjudication body under ss.7B-7C."},{"severity":"medium","section_a":"sec.35-frag-sec.153-ssec.1","section_b":"sec.34-frag-div.5-sec.148","confidence":0.65,"description":"Section 148 states division 5 applies only when the health ombudsman refers a matter to the National Agency under the Health Ombudsman Act 2013. Section 153 refers to the National Agency receiving 'more than one referred matter' and defines 'referred matter' to include notifications made under laws of other participating jurisdictions. This extends the scope of 'referred matter' beyond the definition in s.15 (which defines it as a complaint/matter referred by the health ombudsman under the HOA), creating an inconsistency in what triggers the division 5 process versus what counts as a 'referred matter' for consolidation purposes."},{"severity":"medium","section_a":"sec.32-frag-sec.146-ssec.2","section_b":"sec.25 (amending s.141), sec.26 (amending s.142), sec.27 (amending s.143)","confidence":0.63,"description":"Section 146(2) requires the health ombudsman to deal with a notification made under divisions 2 or 3 'as if it were a complaint made under part 3, division 2' of the Health Ombudsman Act 2013. Sections 25, 26, and 27 amend ss.141, 142, and 143 to redirect mandatory notifications to the health ombudsman. However, treating mandatory notifications as complaints under the HOA may trigger different procedural rights, thresholds, and outcomes than intended under the mandatory notification regime, potentially undermining the distinct purpose of mandatory versus voluntary reporting."},{"severity":"low","section_a":"sec.3 (definition of 'local application provisions')","section_b":"sec.4-ssec.1(c)","confidence":0.58,"description":"Section 3 defines 'local application provisions' as the provisions of the Act OTHER than the National Law set out in the schedule. Section 4(1)(c) provides that the National Law, as applying in Queensland, 'is a part of this Act.' This creates a structural tension: the National Law is simultaneously not part of the local application provisions (s.3) yet is declared to be part of the Act (s.4(1)(c)), blurring the boundary the definition in s.3 seeks to establish."}]},"summary":{"name":"Health Practitioner Regulation National Law Act 2009","slug":"health-practitioner-regulation-national-law-act-2009","title_id":"qld:act-2009-045","version_id":29960,"analysis_type":"summary","content_quality":"high","complexity_score":5,"scope_assessment":{"changed":false,"description":"Mature uniform-law adoption Act with regular Queensland-specific amendments; recent additions include Paramedicine Board provisions (sections 306 to 320), suspension period mechanics added in 2022, and ongoing harmonisation with the Health Ombudsman Act 2013."},"complexity_factors":["Two-layer architecture: a Queensland host Act that adopts and modifies a national uniform law set out in the Schedule","The Health Ombudsman Act 2013 sits alongside, with co-regulatory triage between the Ahpra National Boards and the Queensland Health Ombudsman","Multiple registered professions each with their own National Board and registration standards (medical, nursing, dental, pharmacy and others, plus paramedicine added through transitional Part)","Mandatory notifications obligations for practitioners, employers and education providers, with separate treating practitioner rules in section 141A","Three-tier disciplinary process: preliminary assessment, investigation/panel, responsible tribunal (QCAT in Queensland)"],"plain_english_summary":"The Health Practitioner Regulation National Law Act 2009 (Qld) is the Queensland enactment that adopts and modifies the Health Practitioner Regulation National Law as a law of Queensland. The National Law is the uniform Australian framework that establishes the Australian Health Practitioner Regulation Agency (Ahpra), the National Boards for each registered health profession (medical, nursing, dental, pharmacy, physiotherapy, psychology, paramedicine and others), the registration regime for individual practitioners and students, the accreditation regime for programs of study, the notifications regime that surfaces concerns about practitioner conduct or impairment, and the disciplinary architecture that runs from preliminary assessment through investigation, panels and the responsible tribunal.\n\nPart 1 (sections 1 to 10) sets local definitions, applies the National Law as a law of Queensland (section 4), names QCAT as the responsible tribunal (section 6), excludes other Queensland legislation (section 7), and addresses Queensland co-regulatory aspects through the Health Ombudsman (sections 7A to 7C, 9). Part 2 adopts the National Law (the Schedule) as a law of Queensland.\n\nPart 3 contains Queensland-specific provisions (notifications, referral of matters by the Health Ombudsman to the National Agency, jurisdiction of QCAT). Part 4 (sections 11 to 50 and onward) sets the Queensland-specific modifications to the National Law as adopted, covering definitions, notifications by treating practitioners, mandatory and voluntary notifications, investigations, panels and tribunal referrals.\n\nThe National Law in the Schedule covers registration (Part 7), endorsements (sections 94 to 106), continuing professional development (section 128), professional indemnity insurance (section 129), notifications (Part 8), investigations and panels, and the responsible tribunal (Part 8 Division 12). Restricted titles, restricted dental acts, restricted prescription of optical appliances and restricted spinal manipulation are protected by sections 113 to 123. Mandatory notifications and the notifiable conduct definition are in Part 8 Division 1."}},"importantCases":[],"_links":{"self":"/api/acts/health-practitioner-regulation-national-law-act-2009","history":"/api/acts/health-practitioner-regulation-national-law-act-2009/history","analysis":"/api/acts/health-practitioner-regulation-national-law-act-2009/analysis","conflicts":"/api/acts/health-practitioner-regulation-national-law-act-2009/conflicts","importantCases":"/api/acts/health-practitioner-regulation-national-law-act-2009/important-cases","documents":"/api/acts/health-practitioner-regulation-national-law-act-2009/documents"}}