{"id":"a-2010-10","name":"Health Practitioner Regulation National Law (ACT) Act 2010","slug":"health-practitioner-regulation-national-law-act-act-2010","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"10 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23688,"registerId":"act-a-2010-10-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Practitioner Regulation National Law (ACT) Act 2010","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Practitioner Regulation National\nLaw (ACT) Act 2010\nA2010-10\nRepublication No 7\nEffective: 18 September 2024\nRepublication date: 18 September 2024\nLast amendment made by A2024-42\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Health Practitioner Regulation National Law (ACT) Act 2010\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 18 September 2024. It also includes any commencement, amendment, repeal or\nexpiry affecting this republished law to 18 September 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Practitioner Regulation National\nLaw (ACT) Act 2010\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Terms used in Health Practitioner Regulation National Law (ACT) 2\n5 Notes 2\nPart 2 Adoption of Health Practitioner Regulation\nNational Law\n6 Application of Health Practitioner Regulation National Law 3\n7 Meaning of generic terms in Health Practitioner Regulation National\nLaw for purposes of this jurisdiction 3\n8 Responsible tribunal for Health Practitioner Regulation National Law\n(ACT) 3\n\nContents\nPage\ncontents 2 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Exclusion of territory laws 4\n10 Regulation-making power 4\nSchedule 1 Modifications—Health Practitioner Regulation\nNational Law 5\nDictionary 15\nEndnotes\n1 About the endnotes 16\n2 Abbreviation key 16\n3 Legislation history 17\n4 Amendment history 19\n5 Earlier republications 22\n\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Practitioner Regulation National\nLaw (ACT) Act 2010\nAn Act about health practitioner regulation, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Health Practitioner Regulation National Law (ACT)\nAct 2010.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n4 Terms used in Health Practitioner Regulation National\nLaw (ACT)\nTerms used in this Act and also in the Health Practitioner Regulation\nNational Law (ACT) have the same meanings in this Act as they have\nin that Law.\n5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nAdoption of Health Practitioner Regulation National Law Part 2\nSection 6\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Adoption of Health Practitioner\nRegulation National Law\n6 Application of Health Practitioner Regulation National\nLaw\nThe Health Practitioner Regulation National Law, as in force from\ntime to time, set out in the schedule to the Qld Act—\n(a) applies as a territory law, as modified by schedule 1; and\n(b) as so applying may be referred to as the Health Practitioner\nRegulation National Law (ACT); and\n(c) so applies as if it were a part of this Act.\n7 Meaning of generic terms in Health Practitioner\nRegulation National Law for purposes of this jurisdiction\nIn the Health Practitioner Regulation National Law (ACT):\nmagistrates court means the Magistrates Court.\nthe State means the Territory.\nthis jurisdiction means the ACT.\n8 Responsible tribunal for Health Practitioner Regulation\nNational Law (ACT)\nThe ACAT is declared to be the responsible tribunal for this\njurisdiction for the Health Practitioner Regulation National Law\n(ACT).\nNote Responsible tribunal—see the Health Practitioner Regulation National\nLaw (ACT), s 5.\n\nPart 2 Adoption of Health Practitioner Regulation National Law\nSection 9\npage 4 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Exclusion of territory laws\nThe following territory laws do not apply to the Health Practitioner\nRegulation National Law (ACT) or to instruments made under that\nLaw:\n(a) the Annual Reports (Government Agencies) Act 2004;\n(b) the Auditor-General Act 1996;\n(c) the Criminal Code 2002;\n(d) the Financial Management Act 1996;\n(e) the Freedom of Information Act 2016;\n(f) the Legislation Act 2001;\n(g) the Ombudsman Act 1989;\n(h) the Public Sector Management Act 1994.\nNote The Health Practitioner Regulation National Law (ACT), s 198 provides\nthat the provisions about appeals in the Law apply despite the ACT Civil\nand Administrative Tribunal Act 2008, but does not otherwise limit that\nAct.\n10 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\nModifications—Health Practitioner Regulation National Law Schedule 1\nModification [1.1]\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Modifications—Health\nPractitioner Regulation\nNational Law\n(see s 6)\n[1.1] New section 35A\ninsert\n35A National Board consideration of criminal history\n(1) In making a decision under this Act that relates to an individual’s\ncriminal history, a National Board must consider—\n(a) the individual’s criminal record; and\n(b) the inherent requirements of the profession, division or\nrecognised specialty, for which the individual is seeking\nregistration; and\n(c) whether or not there is a high degree of direct connection\nbetween the individual’s criminal record and the inherent\nrequirements of the profession, division or recognised specialty.\n(2) If guidelines have been made by the National Board for this section,\nthe board must also consider the guidelines when making the\ndecision.\n[1.2] Section 150 (1)\nomit everything before paragraph (a), substitute\n(1) If a National Board receives a complaint, the board must, as soon as\npracticable after its receipt—\n\nSchedule 1 Modifications—Health Practitioner Regulation National Law\nModification [1.3]\npage 6 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.3] New section 150 (4A)\ninsert\n(4A) The action that may be taken in relation to a notification or complaint,\nor part of a notification or complaint, from most serious to least\nserious, is as follows:\n(a) deal with the notification or complaint, or part, under part 8,\ndivision 7 (Immediate action);\n(aa) deal with the notification or complaint, or part, under part 8,\ndivision 7A (Interim prohibition orders);\n(b) refer the notification or complaint, or part, to the responsible\ntribunal under part 8, division 12 (Referring matter to\nresponsible tribunals);\n(c) refer the notification or complaint, or part, to the health\ncomplaints entity to be considered under the Human Rights\nCommission Act 2005;\n(ca) refer the notification or complaint, or part, to another entity\nunder section 150A (Referral to other entities);\n(d) investigate the notification or complaint, or part, under part 8,\ndivision 8 (Investigations);\n(e) deal with the notification or complaint, or part, as a professional\nstandards matter under part 8, division 11 (Panels);\n(f) deal with the notification or complaint, or part, as a health matter\nunder part 8, division 11 (Panels);\n(g) take action under part 8, division 10 (Action by National Board);\n(h) decide to take no further action in relation to the notification,\ncomplaint, or part, in accordance with section 151 (When\nNational Board may decide to take no further action).\n\nModifications—Health Practitioner Regulation National Law Schedule 1\nModification [1.4]\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.4] Section 150 (5)\nomit\nIf an investigation, conciliation or other action taken by a health\ncomplaints entity\nsubstitute\nIf an investigation or other action taken by a health complaints entity,\nother than a conciliation,\n[1.5] New section 150 (5A)\ninsert\n(5A) If a notification or complaint is referred to the health complaints\nentity for consideration under subsection (4A) (c), the health\ncomplaints entity must report the results of the consideration to the\nNational Board as soon as practicable.\n[1.6] Section 151 (1)\nomit\nA National Board\nsubstitute\nSubject to section 150, a National Board\n[1.7] Section 152 (2)\nsubstitute\n(2) The notice must advise the registered health practitioner or student\nof—\n(a) the nature of the notification; and\n(b) the powers that the board might exercise in relation to the\nnotification; and\n\nSchedule 1 Modifications—Health Practitioner Regulation National Law\nModification [1.8]\npage 8 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the procedural rights that the health practitioner or student has\nunder this Act.\n(2A) If a National Board approves a form for the notice, the notice must be\nin the approved form.\n[1.8] Section 160 (1)\nomit\nA National Board\nsubstitute\nSubject to section 150, a National Board\n[1.9] New section 166 (3)\ninsert\n(3) The National Board to which the report is given must give a copy of\nthe report to the health complaints entity as soon as practicable.\n[1.10] Section 167\nomit everything before paragraph (a), substitute\n167 Joint decision by National Board and health complaints\nentity\n(1) The National Board must consider the investigator’s report jointly\nwith the health complaints entity and attempt to reach agreement on\nhow the matter that is the subject of the report is to be dealt with.\n(2) After consideration under subsection (1), the National Board must\ndecide—\n\nModifications—Health Practitioner Regulation National Law Schedule 1\nModification [1.11]\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.11] New section 167 (3) and (4)\ninsert\n(3) However, if the National Board and the health complaints entity are\nnot able to reach agreement on how the matter is to be dealt with, the\ndecision of the board under subsection (2) must be to take the most\nserious action proposed by either the board or the health complaints\nentity.\n(4) The actions that may be taken in relation to the matter, from most\nserious to least serious, are the actions set out in section 150 (4A).\n[1.12] New section 172 (2) (ca) and (cb)\ninsert\n(ca) the powers that the board might exercise in relation to the\nassessment; and\n(cb) the procedural rights that the health practitioner or student has\nunder this Act.\n[1.13] New section 172 (3)\ninsert\n(3) If a National Board approves a form for the notice, the notice must be\nin the approved form.\n[1.14] Section 175\nomit\nThe assessor must\nsubstitute\n(1) The assessor must\n\nSchedule 1 Modifications—Health Practitioner Regulation National Law\nModification [1.15]\npage 10 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.15] New section 175 (2)\ninsert\n(2) If the report relates to a performance assessment, the National Board\nto which the report is given must give a copy of the report to the health\ncomplaints entity as soon as practicable.\n[1.16] Section 177\nomit everything before paragraph (a), substitute\n177 Joint decision by National Board and health complaints\nentity\n(1) The National Board must consider the report and discussions held\nwith the registered health practitioner or student under\nsection 176 (3).\n(2) If the assessor’s report relates to a performance assessment, the\nconsideration must be joint consideration with the health complaints\nentity, and the National Board and health complaints entity must\nattempt to reach agreement on how the registered health practitioner\nor student is to be dealt with.\n(3) After consideration, the National Board may decide to—\n[1.17] New section 177 (4) and (5)\ninsert\n(4) If the report relates to a performance assessment and the National\nBoard and the health complaints entity are not able to reach\nagreement on what to do in relation to the registered health\npractitioner or student, the decision of the board under subsection (3)\nmust be to take the most serious action proposed by either the board\nor the health complaints entity.\n\nModifications—Health Practitioner Regulation National Law Schedule 1\nModification [1.18]\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The actions that may be taken under subsection (4), from most serious\nto least serious, are the actions set out in section 150 (4A).\n[1.18] New section 178 (1A)\ninsert\n(1A) This section also applies if—\n(a) on jointly considering a notification, complaint or other matter,\nthe health complaints entity is satisfied on reasonable grounds\nthat the National Board should take action under subsection (2)\n(a), (b) or (c) in relation to a registered health practitioner or\nstudent registered by the board; and\n(b) the action proposed by the health complaints entity to be taken\nby the board is more serious than any other action proposed by\nthe board to be taken.\n[1.19] New section 178 (4)\ninsert\n(4) If this section applies in relation to a registered health practitioner or\nstudent registered by the board because of subsection (1A), the\nNational Board must—\n(a) jointly consider with the health complaints entity the action to\nbe taken under subsection (2) (a), (b) or (c); and\n(b) take the action agreed after joint consideration.\n[1.20] New section 184 (3)\ninsert\n(3) The panel must also give a copy of the notice to the health complaints\nentity as soon as practicable.\n\nSchedule 1 Modifications—Health Practitioner Regulation National Law\nModification [1.21]\npage 12 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.21] New section 185 (4)\ninsert\n(4) A panel must have regard to evidence given by the health complaints\nentity under section 186A.\n[1.22] New section 186A\ninsert\n186A Role of health complaints entity\nAt a hearing of a panel, the health complaints entity may—\n(a) be represented; and\n(b) give evidence about the consideration of a complaint or other\nmatter by the health complaints entity; and\n(c) be present at the hearing even if not giving evidence.\n[1.23] New section 192 (3A)\ninsert\n(3A) The National Board must also, within 30 days after the panel makes\nits decision, give the health complaints entity a copy of the notice\ngiven to the registered health practitioner or student.\n[1.24] Schedule 5, part 1, clause 2 (3)\nsubstitute\n(3) For subclauses (1) and (2), it is not a reasonable excuse for an\nindividual to fail to give stated information, answer a question or\nproduce a document only because giving the information, answering\nthe question or producing the document might tend to incriminate the\nindividual.\n\nModifications—Health Practitioner Regulation National Law Schedule 1\nModification [1.25]\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) However—\n(a) the information, answer or document required to be given,\nanswered or provided by the individual is not admissible in\nevidence against the individual in a criminal proceeding, other\nthan a proceeding for—\n(i) an offence against this schedule; or\n(ii) an offence in relation to the falsity of the information,\nanswer or document; and\n(b) evidence that was discovered as a result of the information or\nanswer, and that could not have been discovered but for the\ngiving of the information or answering of the question, is not\nadmissible against the individual in a criminal proceeding.\n[1.25] Schedule 6, part 1, clause 2 (3)\nsubstitute\n(3) For subclauses (1) and (2), it is not a reasonable excuse for an\nindividual to fail to give stated information, answer a question or\nproduce a document only because giving the information, answering\nthe question or producing the document might tend to incriminate the\nindividual.\n(4) However—\n(a) the information, answer or document required to be given,\nanswered or provided by the individual is not admissible in\nevidence against the individual in a criminal proceeding, other\nthan a proceeding for—\n(i) an offence against this schedule; or\n(ii) an offence in relation to the falsity of the information,\nanswer or document; and\n\nSchedule 1 Modifications—Health Practitioner Regulation National Law\nModification [1.25]\npage 14 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) evidence that was discovered as a result of the information or\nanswer, and that could not have been discovered but for the\ngiving of the information or answering of the question, is not\nadmissible against the individual in a criminal proceeding.\n\nDictionary\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Magistrates Court\n• Minister (see s 162)\n• pharmacist\n• territory law.\nHealth Practitioner Regulation National Law (ACT) means the\nprovisions applying in this jurisdiction because of section 6.\nQld Act means the Health Practitioner Regulation National Law\nAct 2009 (Qld).\n\nEndnotes\n1 About the endnotes\npage 16 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\namdt 2.106 commenced 1 July 2012 (s 2 (2))\nremainder commenced 1 July 2010 (s 2 (1) (a))\nas modified by\nHealth Practitioner Regulation National Law (ACT) (Transitional\nProvisions) Regulation 2010 SL2010-25 s 3\nnotified LR 24 June 2010\ns 1, s 2 commenced 24 June 2010 (LA s 75 (1))\ns 3 commenced 1 July 2010 (s 2 and see Health Practitioner\nRegulation National Law (ACT) Act 2010 A2010-10 s 2 (1) (a))\nHealth Practitioner Regulation National Law (ACT) (Transitional\nProvisions) Regulation 2010 (No 2) SL2010-39 s 3\nnotified LR 11 October 2010\ns 1, s 2 commenced 11 October 2010 (LA s 75 (1))\ns 3 commenced 12 October 2010 (s 2)\nas amended by\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.14 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.14 commenced 1 January 2018 (s 2 as am by A2017-14\ns 19)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\nNote This Act only amends the Freedom of Information Act 2016\nA2016-55.\n\nEndnotes\n3 Legislation history\npage 18 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nHealth Legislation Amendment Act 2024 A2024-42 pt 3\nnotified LR 17 September 2024\ns 1, s 2 commenced 17 September 2024 (LA s 75 (1))\ns 6 commenced 18 September 2024 (s 2 (3) (b))\npt 3 remainder commenced 18 September 2024 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nExclusion of territory laws\ns 9 am A2016-55 amdt 4.16\nReview of Act\ns 11 exp 1 July 2012 (s 11 (2))\nLocal provisions\npt 3 hdg exp 1 July 2012 (s 15)\nAmendment of legislation\ndiv 3.1 hdg exp 1 July 2012 (s 15)\nLegislation amended—sch 2\ns 12 exp 1 July 2012 (s 15)\nModification—Health Act 1993\ns 12A ins as mod SL2010-39 s 3\nexp 1 July 2012 (see SL2010-39 s 4)\nTransitional provisions\ndiv 3.2 hdg exp 1 July 2012 (s 15)\nTransitional regulations\ns 13 exp 1 July 2012 (s 15)\nModification—sch 1\ns 13A ins as mod SL2010-25 s 3\nexp 1 July 2012 (see SL2010-25 s 4)\nAnnual reports for old boards\ns 14 exp 1 January 2011 (s 14 (3))\nExpiry—pt 3\ns 15 exp 1 July 2012 (s 15)\nModifications—Health Practitioner Regulation National Law\nsch 1 mod SL2010-25 s 3\nmod 1.23A, mod 1.23B exp 1 July 2012 (see SL2010-25 s 4)\nam A2024-42 s 6, s 7\nConsequential amendments\nsch 2 hdg om LA s 89 (3)\nAdministrative Decisions (Judicial Review) Act 1989\nsch 2 pt 2.1 om LA s 89 (3)\nChildren and Young People Act 2008\nsch 2 pt 2.2 om LA s 89 (3)\n\nEndnotes\n4 Amendment history\npage 20 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCivil Law (Wrongs) Act 2002\nsch 2 pt 2.3 om LA s 89 (3)\nCorrections Management Act 2007\nsch 2 pt 2.4 om LA s 89 (3)\nCrimes Act 1900\nsch 2 pt 2.5 om LA s 89 (3)\nCrimes (Forensic Procedures) Act 2000\nsch 2 pt 2.6 om LA s 89 (3)\nHealth Act 1993\nsch 2 pt 2.7 om LA s 89 (3)\nHealth Professionals Act 2004\nsch 2 pt 2.8 om LA s 89 (3)\nHealth Professionals Regulation 2004\nsch 2 pt 2.9 om LA s 89 (3)\nHealth Professionals (Special Events Exemptions) Act 2000\nsch 2 pt 2.10 om LA s 89 (3)\nHealth Records (Privacy and Access) Act 1997\nsch 2 pt 2.11 om LA s 89 (3)\nHuman Rights Commission Act 2005\nsch 2 pt 2.12 om LA s 89 (3)\nLegislation Act 2001\nsch 2 pt 2.13 om LA s 89 (3)\nMedicines, Poisons and Therapeutic Goods Act 2008\nsch 2 pt 2.14 om LA s 89 (3)\nMedicines, Poisons and Therapeutic Goods Regulation 2008\nsch 2 pt 2.15 om LA s 89 (3)\nMental Health (Treatment and Care) Act 1994\nsch 2 pt 2.16 om LA s 89 (3)\nPublic Health Act 1997\nsch 2 pt 2.17 om LA s 89 (3)\nRadiation Protection Act 2006\nsch 2 pt 2.18 om LA s 89 (3)\nTransplantation and Anatomy Act 1978\nsch 2 pt 2.19 om LA s 89 (3)\nVictims of Crime (Financial Assistance) Act 1983\nsch 2 pt 2.20 om LA s 89 (3)\n\nEndnotes\nAmendment history 4\nR7\n18/09/24\nHealth Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nVictims of Crime Regulation 2000\nsch 2 pt 2.21 om LA s 89 (3)\nWorkers Compensation Act 1951\nsch 2 pt 2.22 om LA s 89 (3)\nWorkers Compensation Regulation 2002\nsch 2 pt 2.23 om LA s 89 (3)\n\nEndnotes\n5 Earlier republications\npage 22 Health Practitioner Regulation National Law (ACT)\nAct 2010\nEffective: 18/09/24\nR7\n18/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2010\n1 July 2010–\n11 Oct 2010\nnot amended new Act and\nmodifications by\nSL2010-25\nR2\n12 Oct 2010\n12 Oct 2010–\n1 Jan 2011\nnot amended modifications by\nSL2010-39\nR3\n2 Jan 2011\n2 Jan 2011–\n30 June 2012\nnot amended expiry of\ntransitional\nprovision (s 14)\nR4\n1 July 2012\n1 July 2012–\n1 July 2012\nnot amended commenced\nprovisions\nR5\n2 July 2012\n2 July 2012-\n31 Dec 2017\nnot amended expiry of provisions\n(s 11, pt 3)\nand modifications\n(s 12A, s 13A)\nR6\n1 Jan 2018\n1 Jan 2018–\n17 Sept 2024\nA2017-14 amendments by\nA2016-55 as\namended by\nA2017-14\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of adopting the national health practitioner regulation scheme for the ACT. While the 2024 amendments expanded the role of the health complaints entity in decision-making processes, this represents an evolution within the existing regulatory framework rather than a significant expansion beyond the original scope of health practitioner regulation."},"complexity_factors":["The Act is essentially a 'shell' that imports another jurisdiction's legislation (Queensland's National Law), making it impossible to understand without reference to external legislation","Schedule 1 contains 25 separate modifications to the imported law, requiring cross-referencing between the ACT Act and the Queensland law","The modifications introduce joint decision-making requirements between National Boards and the health complaints entity, with hierarchical escalation rules (most serious action prevails if disagreement)","Multiple exclusions of standard ACT accountability laws (Annual Reports, Auditor-General, FOI, etc.) create exceptions that require understanding of what is normally required","The legislation relies on defined terms that point to other Acts (e.g., 'ACAT', 'Magistrates Court', 'pharmacist' defined in the Legislation Act)"],"plain_english_summary":"The ACT adopts the Queensland Health Practitioner Regulation National Law, applying the national scheme locally so health practitioners, students, National Boards, the ACT Human Rights Commission (as the health complaints body), and patients are regulated consistently with other jurisdictions. \n\nKey 2024 changes tighten complaints handling: the Commission must consult Boards and, if they disagree, the more serious action prevails; there are also new rules on considering criminal history for registration decisions."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act does more than a straightforward adoption of a national scheme: the Schedule 1 modifications materially expand procedural and operational scope in the ACT by (a) imposing a formal joint‑decision and information‑sharing regime between National Boards and the ACT health complaints entity (with a tie‑breaking rule that privileges the most serious proposed action), (b) adding a specific statutory test for consideration of criminal history in registration decisions (new s 35A), and (c) changing compellability and admissibility rules in Schedules 5 and 6. Those changes extend the original adoption beyond simple localisation (mapping of terms and naming of ACAT) into altering decision‑making powers, outcomes incentives, and evidentiary boundaries for practitioners and regulators."},"complexity_factors":["Adopts an external (Queensland) Act as the operative National Law for the ACT (s 6) — adds cross‑jurisdictional dependence","Schedule 1 contains 25+ discrete modifications inserting new sections and altering procedures (many interdependent changes)","Introduces new decision‑sequencing rule listing ordered actions (new s 150(4A)) — adds conditional logic to complaint handling","Adds a new criminal‑history test (new s 35A) requiring role‑specific ‘high degree of direct connection’ assessments and application of Board guidelines","Creates repeated joint‑decision requirements and a tie‑breaking rule (new ss 167, 177 and related provisions) — multiplies coordination points","Several provisions require timely document sharing between agencies (new ss 166(3), 175(2), 192(3A)) — increases procedural dependencies","Expands notice and procedural‑rights content and requires approved forms in some cases (amended ss 152, 172) — adds formal procedural steps","Replaces evidentiary/compellability text in Schedule 5 and 6 with carve‑outs and exceptions (complex interaction with criminal law)","Multiple cross‑references to parts of the National Law, Human Rights Commission Act and tribunal procedures (ACAT) — invites more cross‑referencing and interpretive layering","Excludes a list of Territory laws from applying to the National Law (s 9) — changes interaction with ACT administrative and oversight frameworks"],"plain_english_summary":"**What this Act does, mechanically**\n\n- Adopts the Health Practitioner Regulation National Law (the National Law) into the ACT as territory law, subject to a set of ACT-specific changes (see s 6 and Schedule 1). The adopted law is the version set out in the schedule to the Queensland Act (Qld Act) but applies here as the Health Practitioner Regulation National Law (ACT).\n- Maps a few generic terms to ACT institutions for local use (for example, “magistrates court” = Magistrates Court; “the State” = the Territory; “this jurisdiction” = the ACT) (s 7).\n- Declares the ACT Civil and Administrative Tribunal (ACAT) to be the responsible tribunal for matters under the National Law in the ACT (s 8).\n- Specifies that a short list of Territory laws (for example, the Auditor‑General Act, Freedom of Information Act, Criminal Code, Ombudsman Act and related public‑sector acts) do not apply to the National Law or instruments made under it (s 9).\n- Gives the Executive a power to make regulations for this Act (s 10).\n\n**Key ACT modifications that change how the National Law operates here (selected, Schedule 1)**\n\n- Criminal history must be considered when making registration decisions: National Boards must consider an individual’s criminal record, the inherent requirements of the profession/division/specialty, and whether there is a high degree of direct connection between the criminal record and those inherent requirements (new s 35A, Schedule 1 [1.1]). Boards must also have regard to any Board guidelines (s 35A(2)).\n- A clear ordering of possible actions a National Board may take when it receives a complaint or notification (from most to least serious) is added (new s 150(4A), Schedule 1 [1.3]). That list includes immediate action, interim prohibition orders, referral to the responsible tribunal (ACAT), referral to the health complaints entity (under the Human Rights Commission Act 2005), referral to other entities, investigation, panels (professional standards or health), Board action, or no further action.\n- The Act creates a structured joint‑decision and information‑sharing relationship between National Boards and the ACT health complaints entity. Examples:\n  - Investigators’ reports and certain assessor reports must be given to the health complaints entity (new ss 166(3), 175(2)).\n  - The National Board must consider investigator or assessor reports jointly with the health complaints entity and attempt to reach agreement about how to deal with the matter (new ss 167(1) and 177(2)).\n  - If the Board and the health complaints entity cannot agree, the Board must take the most serious action proposed by either body (new ss 167(3)–(4), 177(4)–(5), and related provisions at [1.11], [1.17]).\n  - Panels and panels’ notices must be shared with the health complaints entity, and panels must have regard to evidence given by the health complaints entity (new ss 184(3), 185(4), 186A, 192(3A)).\n- Procedural notice content is expanded: notices to practitioners or students must advise the nature of the notification, the powers the board might exercise, and the practitioner’s procedural rights; and if the Board approves a form it must be used (amended ss 152(2), 172(2)(ca)/(cb), and new subsections requiring approved forms where used) (Schedule 1 [1.7], [1.12], [1.13]).\n- Evidence/compellability provisions in Schedule 5 and Schedule 6 are replaced to state that failing to provide compelled information is not excused because it may incriminate the individual, but information given under compulsion is not admissible in criminal proceedings except for limited offences (the offence under this schedule or falsity of the material) and evidence discovered only because of the compelled material is similarly excluded (Schedule 1 [1.24], [1.25]).\n\n**Who is affected**\n\n- National Boards that register and discipline health practitioners and students (they must follow new decision procedures, consult/coordinate with the health complaints entity, consider criminal history under s 35A, and provide additional notices and documents).\n- Registered health practitioners and students (face expanded procedural notices, information sharing between the Board and health complaints entity, possible referral paths including interim prohibition orders or referral to ACAT, and changes to how compelled information can be used in criminal proceedings).\n- The ACT health complaints entity (gains a formal role in joint consideration, receives reports and notices, can give evidence at panel hearings, and can influence outcomes; see new ss 167, 177, 186A).\n- ACAT and other tribunals (ACAT is the declared responsible tribunal; matters may be referred to it) and other bodies to which matters may be referred (including the Human Rights Commission or other entities under s 150A).\n- Service providers and employers: outcomes from Board decisions (prohibition orders, conditions, suspensions) affect practice rights and staffing; compliance and record‑keeping demands may increase.\n\n**Why the changes matter — stated purpose and practical implications**\n\n- Stated purpose in the instrument: to adopt the National Law into the ACT while tailoring parts of it to reflect ACT institutions and to build formal cooperation between National Boards and the ACT health complaints entity (see s 6 and Schedule 1). The amendments explicitly require Boards to consider criminal history with reference to the inherent requirements of the role (new s 35A), and to coordinate complaint handling with the health complaints entity (new ss 167, 177 and related provisions).\n\n- Practical implications and trade‑offs (mechanisms, not judgments):\n  - Increased coordination and information flow: Boards must share reports and notices with the health complaints entity (new ss 166(3), 175(2), 192(3A)). That creates administrative burden for Boards and the health complaints entity (time, staff, record systems) but aims to reduce duplication and align discipline outcomes across complaint and regulatory pathways.\n  - Stronger tie‑breaking rule that favours more serious action: where Board and health complaints entity disagree, the Board must adopt the most serious proposed action (new ss 167(3), 177(4)). That mechanically increases the likelihood of more serious regulatory outcomes in contested cases and changes the incentive structure for both parties when proposing actions (each party’s proposal can act as an anchor).\n  - Criminal history test with a connection requirement (new s 35A): Boards must weigh whether a criminal record has a “high degree of direct connection” to the inherent requirements of the profession or specialty. That requires Boards to make role‑specific assessments and, where guidelines exist, to apply them (s 35A(2)). The mechanism increases procedural clarity but also requires Boards to develop and publish guidance and to assess factual links between convictions and job requirements.\n  - Changes to compelled‑evidence rules (Schedules 5 and 6): compelled information cannot generally be used in subsequent criminal proceedings except in narrow circumstances (offences under the schedule or falsity), and derivative evidence discovered only because of compelled information is excluded. This reduces the risk that regulatory compulsion will feed criminal prosecutions, but it also limits prosecutorial options where regulatory and criminal investigations overlap.\n  - Expanded notice content and approved forms (ss 152(2), 172(2), new subsections): increases procedural transparency for practitioners but creates a compliance task for Boards to ensure notices meet form and content requirements.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: administrative costs fall on National Boards and the health complaints entity (more reports, joint meetings, record‑sharing). Practitioners bear compliance costs (responding to investigations, meeting assessments, possible restrictions on practice). Employers may face costs if staff are suspended or subject to conditions.\n- Who decides: National Boards retain decision‑making power but must consult and, in disagreement, adopt the most serious action proposed by either the Board or the health complaints entity (new ss 167, 177). ACAT remains the appeal/responsible tribunal for matters referred to a tribunal (s 8).\n- Behaviour changes likely to follow from the mechanics: Boards and the health complaints entity will be incentivised to lodge the most favourable (or most protective) proposals they can justify because of the tie‑breaking rule; Boards will formalise guidance on criminal‑history assessments; both agencies will formalise information‑sharing processes and possibly expand staff capacity to handle the extra coordination.\n\n**Implementation risks and compliance considerations**\n\n- Capacity and timing risk: deadlines for sharing reports and the expectation of joint consideration create scheduling and resourcing pressure; delays could arise if either body lacks capacity.\n- Legal risk around the ‘most serious action’ rule: the tie‑breaking mechanism shifts outcomes upward in seriousness when there is disagreement, which may increase appeals or litigation by practitioners challenging proportionality.\n- Evidence and criminal‑investigation boundaries: the compulsion carve‑outs protect practitioners from compelled material being used in criminal prosecutions except in narrow cases, but they may complicate cooperation with law enforcement when regulatory and criminal matters overlap.\n\n(Primary provisions: s 6; s 7; s 8; s 9; Schedule 1 modifications, notably new s 35A (Schedule 1 [1.1]), new s 150(4A) (Schedule 1 [1.3]) and the joint‑decision provisions added at Schedule 1 [1.10]–[1.24].)"}},"importantCases":[],"_links":{"self":"/api/acts/health-practitioner-regulation-national-law-act-act-2010","history":"/api/acts/health-practitioner-regulation-national-law-act-act-2010/history","analysis":"/api/acts/health-practitioner-regulation-national-law-act-act-2010/analysis","conflicts":"/api/acts/health-practitioner-regulation-national-law-act-act-2010/conflicts","importantCases":"/api/acts/health-practitioner-regulation-national-law-act-act-2010/important-cases","documents":"/api/acts/health-practitioner-regulation-national-law-act-act-2010/documents"}}