{"id":"sl-2018-166","name":"Health Practitioner Regulation National Law Regulation 2018","slug":"health-practitioner-regulation-national-law-regulation-2018","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"166 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173397,"registerId":"act-sl-2018-166-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Health Practitioner Regulation National Law Regulation 2018","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Practitioner Regulation National\nLaw Regulation 2018\nSL2018-166\nmade under the\nHealth Practitioner Regulation National Law\nRepublication No 7\nEffective: 13 May 2025\nRepublication date: 5 June 2025\nLast amendment made by Statutory Rule No 26/2025 (Vic)\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 Regulation 2018,\nmade under the Health Practitioner Regulation National Law as in force on 5 June 2025. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n13 May 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nNational Law\nThis regulation is the Health Practitioner Regulation National Law Regulation 2018 made by the\nCOAG Health Council (now known as the Health Ministers’ Meeting (HMM)) under the Health\nPractitioner Regulation National Law, section 245.\n\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Practitioner Regulation National\nLaw Regulation 2018\nmade under the\nHealth Practitioner Regulation National Law\nContents\nPage\nPart 1 Preliminary\n1 Short title 2\n2 Commencement 2\n3 Definitions 2\nPart 2 National Boards and registers\n4 National Boards for health professions 5\n5 National Boards required to keep public national registers 6\n\nContents\nPage\ncontents 2 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Application of AIC Act\n6 Application of AIC Act 7\n7 References in AIC Act to particular terms 7\n8 Modifications relating to appointment of National Health Practitioner\nPrivacy Commissioner and staff 8\n9 Modifications about financial matters 9\n10 Modifications about annual report 10\n11 Miscellaneous modifications 10\n12 Regulations 12\nPart 4 Application of FOI Act\n13 Application of FOI Act 13\n14 References in FOI Act to particular terms 13\n15 Modifications relating to National Agency and National Boards 14\n16 Modifications relating to reports prepared by National Health\nPractitioner Privacy Commissioner 15\n17 Modifications relating to Administrative Appeals Tribunal 15\n18 Modifications relating to Part VII of the FOI Act 15\n19 Miscellaneous modifications 16\n20 Regulations 16\n22 Transitional provision for current obligation to publish information 17\nPart 5 Application of Ombudsman Act\n23 Who is an agency service provider 18\n24 Application of Ombudsman Act 18\n25 References in Ombudsman Act to particular terms 18\n26 Modifications relating to National Agency and National Boards 19\n27 Modifications relating to appointment of National Health Practitioner\nOmbudsman and staff 21\n28 Modifications about financial matters 22\n29 Modifications about financial matters 23\n30 Miscellaneous modifications 24\n31 Regulations 25\n\nContents\nPage\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Application of Privacy Act\n32 Who is a contracted service provider 26\n33 Application of Privacy Act 26\n34 References in Privacy Act to particular terms 26\n35 Modifications relating to National Agency and National Boards 27\n36 Modifications about financial matters 29\n37 Modifications about public interest determinations 30\n38 Miscellaneous modifications 31\n39 Regulations 32\nPart 7 Miscellaneous\n40 Transition period in relation to professional indemnity insurance\narrangements for midwives practising private midwifery 33\n41 Prescribed participation day for registration in paramedicine 33\n41A Prescribed qualification for general registration in paramedicine 33\nPart 8 Transitional and repeal\nDivision 1 Repeal\n42 Regulations repealed 34\nDivision 2 Transitional provisions\n43 Definitions for Division 34\n44 Transitional provision for continued Boards 35\n45 Continuation of existing appointment and employment of National\nHealth Practitioner Privacy Commissioner 35\n46 Continuation of existing appointment and employment of National\nHealth Practitioner Ombudsman 36\n47 Acting Commissioner under the Privacy Act 36\n48 Applications for access to a document 36\n49 Applications for internal review of access refusal decision 37\nEndnotes\n1 About the endnotes 38\n2 Abbreviation key 38\n3 Legislation history 39\n\nContents\nPage\ncontents 4 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history 41\n5 Earlier republications 42\n\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nHealth Practitioner Regulation National\nLaw Regulation 2018\nmade under the\nHealth Practitioner Regulation National Law\n\nPart 1 Preliminary\nSection 1\npage 2 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Short title\nThis Regulation may be cited as the Health Practitioner Regulation\nNational Law Regulation 2018.\n2 Commencement\n(1) This Regulation, other than section 41, commences on\n1 December 2018.\n(2) Section 41 commences—\n(a) for Western Australia—on the day this Regulation is published\nin the Gazette; and\n(b) for all other participating jurisdictions—on the day this\nRegulation is published by the Victorian Government Printer.\n3 Definitions\nIn this Regulation—\nAIC Act means the Australian Information Commissioner Act 2010\nof the Commonwealth, as in force from time to time.\nFOI Act means the Freedom of Information Act 1982 of the\nCommonwealth, as in force from time to time.\nGazette, for Western Australia, see section 5 of the Interpretation\nAct 1984 of Western Australia.\nNational Health Practitioner Ombudsman means the person\nappointed by the Ministerial Council under the Law as the National\nHealth Practitioner Ombudsman.\nNational Health Practitioner Privacy Commissioner means the\nperson appointed by the Ministerial Council under the Law as the\nNational Health Practitioner Privacy Commissioner.\n\nPreliminary Part 1\nSection 3\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nOmbudsman Act means the Ombudsman Act 1976 of the\nCommonwealth, as in force from time to time.\nPrivacy Act means the Privacy Act 1988 of the Commonwealth, as in\nforce from time to time.\nrelevant Parliament means any of the following—\n(a) the Parliament of the Commonwealth of Australia;\n(b) the Australian Capital Territory Legislative Assembly;\n(c) the Parliament of New South Wales;\n(d) the Parliament of South Australia;\n(e) the Northern Territory Legislative Assembly;\n(f) the Parliament of Tasmania;\n(g) the Parliament of Queensland;\n(h) the Parliament of Western Australia;\n(i) the Parliament of Victoria.\nrelevant tribunal means any of the following—\n(a) the ACT Civil and Administrative Tribunal established under\nthe ACT Civil and Administrative Tribunal Act 2008 of the ACT;\n(b) the Civil and Administrative Tribunal of New South Wales\nestablished under the Civil and Administrative Tribunal\nAct 2013 of New South Wales;\n(c) the South Australian Civil and Administrative Tribunal\nestablished under the South Australian Civil and Administrative\nTribunal Act 2013 of South Australia;\n(d) the Northern Territory Civil and Administrative Tribunal\nestablished under the Northern Territory Civil and\nAdministrative Tribunal Act of the Northern Territory;\n\nPart 1 Preliminary\nSection 3\npage 4 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the Magistrates Court (Administrative Appeals Division)\nestablished under the Magistrates Court (Administrative\nAppeals Division) Act 2001 of Tasmania or a tribunal that\nreplaces the court and performs the same or similar functions to\nthe court;\n(f) the Queensland Civil and Administrative Tribunal established\nunder the Queensland Civil and Administrative Tribunal\nAct 2009 of Queensland;\n(g) the State Administrative Tribunal established under the State\nAdministrative Tribunal Act 2004 of Western Australia;\n(h) the Victorian Civil and Administrative Tribunal established\nunder the Victorian Civil and Administrative Tribunal Act 1998\nof Victoria.\n\nNational Boards and registers Part 2\nSection 4\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 National Boards and registers\n4 National Boards for health professions\nEach of the following National Health Practitioner Boards is\ncontinued for the health profession or professions listed beside that\nBoard in the following table—\nTable National Boards\nName of Board Health profession\nAboriginal and Torres Strait Islander\nHealth Practice Board of Australia\nAboriginal and Torres Strait Islander health\npractice\nChinese Medicine Board of Australia Chinese medicine\nChiropractic Board of Australia chiropractic\nDental Board of Australia dental (including the profession of a dentist,\ndental therapist, dental hygienist, dental\nprosthetist or oral health therapist)\nMedical Board of Australia medical\nMedical Radiation Practice Board of\nAustralia\nmedical radiation practice\nNursing and Midwifery Board of\nAustralia\nnursing\nmidwifery\nOccupational Therapy Board of Australia occupational therapy\nOptometry Board of Australia optometry\nOsteopathy Board of Australia osteopathy\nParamedicine Board of Australia paramedicine\nPharmacy Board of Australia pharmacy\nPhysiotherapy Board of Australia physiotherapy\nPodiatry Board of Australia podiatry\nPsychology Board of Australia psychology\n\nPart 2 National Boards and registers\nSection 5\npage 6 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 National Boards required to keep public national\nregisters\nFor the purposes of section 222(5) of the Law, each of the following\nNational Boards is required to keep the register or registers listed\nbeside that Board in the following table—\nTable Public national registers\nName of Board Name of public national register\nAboriginal and Torres Strait Islander\nHealth Practice Board of Australia\nRegister of Aboriginal and Torres Strait Islander\nHealth Practitioners\nChinese Medicine Board of Australia Register of Chinese Medicine Practitioners\nChiropractic Board of Australia Register of Chiropractors\nDental Board of Australia Register of Dental Practitioners\nMedical Board of Australia Register of Medical Practitioners\nMedical Radiation Practice Board of\nAustralia\nRegister of Medical Radiation Practitioners\nNursing and Midwifery Board of\nAustralia\nRegister of Nurses\nRegister of Midwives\nOccupational Therapy Board of Australia Register of Occupational Therapists\nOptometry Board of Australia Register of Optometrists\nOsteopathy Board of Australia Register of Osteopaths\nParamedicine Board of Australia Register of Paramedics\nPharmacy Board of Australia Register of Pharmacists\nPhysiotherapy Board of Australia Register of Physiotherapists\nPodiatry Board of Australia Register of Podiatrists\nPsychology Board of Australia Register of Psychologists\n\nApplication of AIC Act Part 3\nSection 6\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Application of AIC Act\n6 Application of AIC Act\nFor the purposes of section 212A(2)(c) of the Law, this Part sets out\nmodifications of the AIC Act as it applies as a law of a participating\njurisdiction for the purposes of the national registration and\naccreditation scheme.\n7 References in AIC Act to particular terms\nThe AIC Act applies as if—\n(a) a reference to any of the following were a reference to the\nNational Health Practitioner Privacy Commissioner—\n(i) the Freedom of Information Commissioner;\n(ii) the Privacy Commissioner;\n(iii) an information officer; and\n(b) a reference to the Minister were a reference to a member of the\nMinisterial Council nominated by that Council; and\n(c) a reference to the Governor-General were a reference to the\nMinisterial Council; and\n(d) a reference to an annual report were a reference to the annual\nreport mentioned in section 10.\n\nPart 3 Application of AIC Act\nSection 8\npage 8 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Modifications relating to appointment of National Health\nPractitioner Privacy Commissioner and staff\nThe AIC Act applies as if it were modified—\n(a) so that the following provisions of the Act do not apply—\n(i) the provisions about the appointment, and the general\nterms and conditions of service, of information officers\n(other than the provisions providing for the appointment of\nan acting information officer); and\n(ii) the provisions about the remuneration, and the leave of\nabsence, of information officers; and\n(b) to provide that the National Health Practitioner Privacy\nCommissioner is appointed with the remuneration, and on the\nterms and conditions, decided by the Ministerial Council; and\n(c) to provide that a person may be appointed to act as an\ninformation officer despite the person not holding a degree from\na university, or an educational qualification of a similar\nstanding, after studies in the field of law; and\n(d) to provide that the National Health Practitioner Privacy\nCommissioner may, for the purposes of performing the\nCommissioner's functions or powers—\n(i) employ staff in a way the Commissioner considers\nappropriate; and\n(ii) engage contractors or consultants in a way the\nCommissioner considers appropriate; and\n(iii) enter into arrangements with another entity relating to the\nprovision of staff or other resources by that entity to the\nCommissioner; and\n(iv) delegate all or any of the functions or powers to any person\nthe Commissioner considers appropriate.\n\nApplication of AIC Act Part 3\nSection 9\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Modifications about financial matters\nThe AIC Act applies as if it were modified to provide that the\nNational Health Practitioner Privacy Commissioner must—\n(a) ensure the Commissioner's operations are carried out\nefficiently, effectively and economically; and\n(b) keep proper books and records in relation to the funds held by\nthe Commissioner; and\n(c) ensure expenditure is made from the funds held by the\nCommissioner only for lawful purposes and, as far as possible,\nreasonable value is obtained for amounts expended from the\nfunds; and\n(d) ensure the Commissioner’s procedures, including internal\ncontrol procedures, afford adequate safeguards with respect to—\n(i) the correctness, regularity and propriety of payments made\nfrom the funds held by the Commissioner; and\n(ii) receiving and accounting for payments made to the\nCommissioner; and\n(iii) prevention of fraud or mistake; and\n(e) take any action necessary to ensure the preparation of accurate\nfinancial statements in accordance with Australian Accounting\nStandards for inclusion in the annual report mentioned in\nsection 10; and\n(f) take any action necessary to facilitate the audit of the financial\nstatements; and\n(g) arrange for any further audit by a qualified person of records\nkept by the Commissioner in relation to the funds held by the\nCommissioner, if directed to do so by the Ministerial Council.\n\nPart 3 Application of AIC Act\nSection 10\npage 10 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Modifications about annual report\nThe AIC Act applies as if it were modified to provide that—\n(a) the National Health Practitioner Privacy Commissioner must,\nwithin 3 months after the end of each financial year, submit an\nannual report for the financial year to the Ministerial Council;\nand\n(b) the annual report must include—\n(i) a financial statement for the period to which the report\nrelates that—\n(A) has been prepared in accordance with Australian\nAccounting Standards; and\n(B) has been audited by the Auditor-General (however\ndescribed) of a State or Territory, or an auditor\nemployed, appointed or otherwise engaged by an\nAuditor-General; and\n(ii) a report about the performance of the Commissioner’s\nfunctions under the Act during the period to which the\nreport relates; and\n(c) each member of the Ministerial Council must lay a copy of the\nannual report before each House of the Parliament of the\njurisdiction the member represents.\n11 Miscellaneous modifications\n(1) The AIC Act applies—\n(a) as if it were modified so that the National Health Practitioner\nPrivacy Commissioner has only the privacy functions conferred\nunder the Privacy Act; and\n\nApplication of AIC Act Part 3\nSection 11\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) as if it were modified so that the National Health Practitioner\nPrivacy Commissioner must disclose to the Ministerial Council\nany material personal interest the Commissioner has in a matter\nrelating to the discharge of the Commissioner’s responsibilities\nunder the Act; and\n(c) as if it were modified so that the provisions of the Act relating\nto any of the following do not apply—\n(i) the establishment of the Office of the Australian\nInformation Commissioner;\n(ii) a review of the operations of the Act;\n(iii) disclosures of interests;\nNote See paragraph (b) for the requirement to disclose a material\npersonal interest.\n(iv) the Information Advisory Committee;\n(v) promoting awareness and understanding of, and the objects\nof, the FOI Act;\n(vi) providing information, advice, assistance and training on\nmatters relevant to the operation of the FOI Act;\n(vii) reporting on matters relating to a Commonwealth\nGovernment policy or practice about managing\ninformation held by the Commonwealth Government;\n(viii) reports and recommendations about legislative change;\n(ix) the functions and powers mentioned in sections 11 and 12\nof the Act; and\n(d) with any other modifications that are necessary.\n\nPart 3 Application of AIC Act\nSection 12\npage 12 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For subsection (1)(b), the Commissioner has a material personal\ninterest in the matter if any of the following stand to gain a benefit or\nsuffer a loss (either directly or indirectly) because of the discharge of\nthe Commissioner’s responsibilities—\n(a) the Commissioner;\n(b) a spouse of the Commissioner;\n(c) a parent of the Commissioner or the Commissioner’s spouse;\n(d) a grandparent of the Commissioner or the Commissioner’s\nspouse;\n(e) a brother, sister, nephew or niece of the Commissioner or the\nCommissioner’s spouse;\n(f) a child of the Commissioner or the Commissioner’s spouse;\n(g) a grandchild of the Commissioner or the Commissioner’s\nspouse;\n(h) the spouse of any person mentioned in paragraphs (c) to (g).\n(3) In this section—\nspouse includes de facto partner and civil partner.\n12 Regulations\nThe Regulations made under the AIC Act do not apply.\n\nApplication of FOI Act Part 4\nSection 13\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Application of FOI Act\n13 Application of FOI Act\nFor the purposes of section 215(2)(c) of the Law, this Part sets out\nmodifications of the FOI Act as it applies as a law of a participating\njurisdiction for the purposes of the national registration and\naccreditation scheme.\n14 References in FOI Act to particular terms\nThe FOI Act applies as if—\n(a) a reference to the Ombudsman were a reference to the National\nHealth Practitioner Ombudsman; and\n(b) a reference to the Commonwealth or the Government of the\nCommonwealth (other than a reference relating to a matter\naffecting the security of the Commonwealth, defence,\ninternational relations or the national economy) were a reference\nto a participating jurisdiction or the Government of a\nparticipating jurisdiction; and\n(c) a reference to the Parliament were a reference to a relevant\nParliament; and\n(d) a reference to the Federal Court were a reference to the Supreme\nCourt, or another court of competent jurisdiction, of a\nparticipating jurisdiction; and\n(e) a reference to the Minister responsible for administering the Act\nor the responsible Minister for an agency were a reference to a\nmember of the Ministerial Council nominated by the Ministerial\nCouncil; and\n(f) a reference to relations, arrangements or communications\nbetween the Commonwealth and a State included a reference to\nrelations, arrangements or communications between States; and\n\nPart 4 Application of FOI Act\nSection 15\npage 14 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) a reference to any other office holder or body of the\nCommonwealth (other than a reference to the Inspector-General\nof Intelligence and Security) were a reference to the equivalent\noffice holder or body of a participating jurisdiction; and\n(h) a reference to a security clearance at an appropriate level were a\nreference to a security clearance at a level the National Health\nPractitioner Privacy Commissioner considers appropriate.\n15 Modifications relating to National Agency and National\nBoards\nThe FOI Act applies as if it were modified to provide that—\n(a) it applies only in relation to agencies; and\n(b) the agencies are—\n(ii) the National Agency; and\n(iii) the Agency Board; and\n(iv) each of the National Boards; and\n(c) a reference in the Act to the principal officer of an agency is a\nreference to—\n(ii) for the National Agency, the chief executive officer of the\nNational Agency; and\n(iii) for the Agency Board, the Chairperson of the Agency\nBoard; and\n(iv) for a National Board, the Chairperson of the National\nBoard; and\n(d) the requirement for an agency to publish the information\nmentioned in section 8(2) of the Act is a requirement for the\nagency to publish the information by 1 June 2019; and\n\nApplication of FOI Act Part 4\nSection 16\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the requirement for an agency to publish details of the\nappointment of officers of the agency does not apply; and\n(f) the requirement to first complete a review of the operation in an\nagency of the information publication scheme is a requirement\nfor the review to be complete by 1 June 2024.\n16 Modifications relating to reports prepared by National\nHealth Practitioner Privacy Commissioner\nThe FOI Act applies as if it were modified to provide that—\n(a) a reference in the Act to a report mentioned in the AIC Act,\nsection 30 were a reference to the annual report mentioned in\nsection 10; and\n(b) the National Health Practitioner Privacy Commissioner may, for\nthe purposes of preparing the annual report, require an agency\nto provide information to the Commissioner that the\nCommissioner reasonably requires to prepare the annual report.\n17 Modifications relating to Administrative Appeals Tribunal\nThe FOI Act applies as if it were modified to provide that—\n(a) a reference to the Administrative Appeals Tribunal were a\nreference to a relevant tribunal; and\n(b) a provision of the Administrative Appeals Tribunal Act 1975\ndoes not apply.\n18 Modifications relating to Part VII of the FOI Act\nThe FOI Act applies as if it were modified to provide that Part VII of\nthe Act commences on l February 2019.\n\nPart 4 Application of FOI Act\nSection 19\npage 16 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Miscellaneous modifications\nThe FOI Act applies—\n(a) as if the requirement for a payment to be made by the\nCommonwealth were a requirement for a payment to be made\nby the National Agency from the Agency Fund; and\n(b) as if it were modified to provide that—\n(i) the provisions of the Act relating to the constitution of a\ntribunal do not apply to the extent that the provisions relate\nto the Tasmanian Magistrates Court (Administrative\nAppeals Division); and\n(ii) the Tasmanian Magistrates Court (Administrative Appeals\nDivision) must include a member who is a magistrate for\nthe purposes of a hearing of a proceeding referred to in\nsection 58B(1) of the Act; and\n(c) as if it were modified so that Part VIIB, Division 3 of the Act\ndoes not apply; and\n(d) as if it were modified so that the provisions of the Act relating\nto any of the following do not apply—\n(i) the Federal Court of Australia Act 1976;\n(ii) a review of the operations of the Act;\n(iii) determinations by the Federal Circuit Court of Australia;\nand\n(e) with any other modifications that are necessary.\n20 Regulations\nThe Regulations made under the FOI Act, other than the provisions\nproviding for fees and charges, do not apply.\n\nApplication of FOI Act Part 4\nSection 22\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Transitional provision for current obligation to publish\ninformation\n(1) If, immediately before the commencement of this section, an agency\nwas required to publish information mentioned in section 15(e) of a\nrepealed Regulation, the requirement continues until the end of\n31 May 2019.\n(2) In this section—\nrepealed Regulation means—\n(a) the Health Practitioner Regulation National Law Regulation; or\n(b) the Health Practitioner Regulation National Law Regulation as\napplied by the Health Practitioner Regulation National Law\n(WA) Regulations 2010.\n\nPart 5 Application of Ombudsman Act\nSection 23\npage 18 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Application of Ombudsman Act\n23 Who is an agency service provider\n(1) A person is an agency service provider if the person enters into a\ncontract with the National Agency to provide goods or services for or\non behalf of the National Agency to another person who is not a\ndepartment of a participating jurisdiction, prescribed authority or the\ngovernment of a participating jurisdiction.\n(2) A person is also an agency service provider if—\n(a) the person enters into a contract (the subcontract) with an\nagency service provider mentioned in subsection (1) (the head\ncontractor); and\n(b) under the subcontract, the person provides, for or on behalf of\nthe head contractor, the goods or services the head contractor is\nto provide under a contract mentioned in subsection (1).\n24 Application of Ombudsman Act\nFor the purposes of section 235(2)(b) of the Law, this Part sets out\nmodifications of the Ombudsman Act as it applies as a law of a\nparticipating jurisdiction for the purposes of the national registration\nand accreditation scheme.\n25 References in Ombudsman Act to particular terms\nThe Ombudsman Act applies as if—\n(a) a reference to the Minister or the responsible Minister were a\nreference to a member of the Ministerial Council nominated by\nthat Council; and\n(b) a reference to the Governor-General were a reference to the\nMinisterial Council; and\n\nApplication of Ombudsman Act Part 5\nSection 26\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a reference to the Information Commissioner were a reference\nto the National Health Practitioner Privacy Commissioner; and\n(d) a reference to the Commonwealth or the Government of the\nCommonwealth were a reference to a participating jurisdiction\nor the Government of a participating jurisdiction; and\n(e) a reference to the Prime Minister were a reference to a member\nof the Ministerial Council nominated by that Council; and\n(f) a reference to the Parliament were a reference to a relevant\nParliament; and\n(g) a reference to the Administrative Appeals Tribunal were a\nreference to a relevant tribunal; and\n(h) a reference to the Federal Court were a reference to the Supreme\nCourt, or another court of competent jurisdiction, of a\nparticipating jurisdiction; and\n(i) a reference to any other office holder or body of the\nCommonwealth were a reference to the equivalent office holder\nor body of a participating jurisdiction; and\n(j) a reference to a Commonwealth service provider were a\nreference to an agency service provider; and\n(k) a reference to an arrangement or communication between a\nCommonwealth Minister and a Minister of a State or Territory\nincluded a reference to an arrangement or communication\nbetween Ministers of States and Territories.\n26 Modifications relating to National Agency and National\nBoards\nThe Ombudsman Act applies as if it were modified to provide that—\n(a) it applies only in relation to—\n(i) prescribed authorities; and\n\nPart 5 Application of Ombudsman Act\nSection 26\npage 20 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) agency service providers; and\n(b) the prescribed authorities are—\n(ii) the National Agency; and\n(iii) the Agency Board; and\n(iv) each of the National Boards; and\n(v) each accreditation authority; and\n(vi) if the National Board appoints a person to conduct an\nexamination or assessment of an individual under\nsections 54 or 59 of the Law—the person; and\n(vii) if the National Board appoints a person to conduct an\nexamination or assessment of an applicant for registration\nunder section 80(3)(a) of the Law—the person; and\n(viii) a specialist medical college in relation to an approved\nprogram of study provided by the college; and\n(c) the following are not listed entities for the purposes of the Public\nGovernance, Performance and Accountability Act 2013—\n(i) the National Health Practitioner Ombudsman;\n(ii) a prescribed authority; and\n(d) a reference in the Act to the principal officer of a prescribed\nauthority is a reference to—\n(ii) for the National Agency, the chief executive officer of the\nNational Agency; and\n(iii) for the Agency Board, the Chairperson of the Agency\nBoard; and\n(iv) for a National Board, the Chairperson of the National\nBoard; and\n\nApplication of Ombudsman Act Part 5\nSection 27\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(v) for an accreditation committee—the Chairperson of the\ncommittee; and\n(vi) for an external accreditation entity—the chief executive\nofficer of the entity; and\n(vii) for a prescribed authority specified in paragraph (b)(vi)\nor (vii)—the chief executive officer of the authority; and\n(viii) for a specialist medical college specified in\nparagraph (b)(viii)—\n(A) the chief executive officer of the college; or\n(B) if there is no chief executive officer—the president\nof the college.\nNote As the Act applies only in relation to the National Agency, the Agency\nBoard, National Boards, accreditation authorities, entities appointed to\nconduct certain examinations or assessments and specialist medical\ncolleges in certain circumstances, certain provisions of the Act,\nincluding, for example, provisions providing for the Defence Force\nOmbudsman and Postal Industry Ombudsman do not apply.\n27 Modifications relating to appointment of National Health\nPractitioner Ombudsman and staff\nThe Ombudsman Act applies as if it were modified—\n(a) so that the provisions of the Act providing for the appointment\nof the Ombudsman and the conditions of service of the\nOmbudsman (other than the provisions providing for the\nappointment of an acting Ombudsman) do not apply; and\n(b) so that the provisions of the Act providing for the appointment\nof a deputy Ombudsman do not apply; and\n(c) so that the provisions of the Act relating to the removal and\nretirement of the Ombudsman on the grounds of invalidity do\nnot apply; and\n\nPart 5 Application of Ombudsman Act\nSection 28\npage 22 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) to provide that the National Health Practitioner Ombudsman is\nappointed with the remuneration, and on the terms and\nconditions, decided by the Ministerial Council; and\n(e) so that the National Health Practitioner Ombudsman may—\n(i) be suspended from office by the Ministerial Council\nwithout the need for a statement of the grounds of the\nsuspension to be laid before a relevant Parliament; and\n(ii) be removed from office by the Ministerial Council on the\nground of misbehaviour or physical or mental incapacity\nwithout the need for an address being presented to a\nrelevant Parliament; and\n(f) to provide that the National Health Practitioner Ombudsman\nmay, for the purposes of performing the Ombudsman’s\nfunctions or powers—\n(i) employ staff in a way the Ombudsman considers\nappropriate; and\n(ii) engage contractors or consultants in a way the Ombudsman\nconsiders appropriate; and\n(iii) enter into arrangements with another entity relating to the\nprovision of staff or other resources by that entity to the\nOmbudsman; and\n(iv) delegate all or any of the functions or powers to any person\nthe Ombudsman considers appropriate.\n28 Modifications about financial matters\nThe Ombudsman Act applies as if it were modified to provide that the\nNational Health Practitioner Ombudsman must—\n(a) ensure the Ombudsman’s operations are carried out efficiently,\neffectively and economically; and\n\nApplication of Ombudsman Act Part 5\nSection 29\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) keep proper books and records in relation to the funds held by\nthe Ombudsman; and\n(c) ensure expenditure is made from the funds held by the\nOmbudsman only for lawful purposes and, as far as possible,\nreasonable value is obtained for amounts expended from the\nfunds; and\n(d) ensure the Ombudsman’ s procedures, including internal control\nprocedures, afford adequate safeguards with respect to—\n(i) the correctness, regularity and propriety of payments made\nfrom the funds held by the Ombudsman; and\n(ii) receiving and accounting for payments made to the\nOmbudsman; and\n(iii) prevention of fraud or mistake; and\n(e) take any action necessary to ensure the preparation of accurate\nfinancial statements in accordance with Australian Accounting\nStandards for inclusion in the annual report mentioned in\nsection 29; and\n(f) take any action necessary to facilitate the audit of the financial\nstatements; and\n(g) arrange for any further audit by a qualified person of records\nkept by the Ombudsman in relation to the funds held by the\nOmbudsman, if directed to do so by the Ministerial Council.\n29 Modifications about financial matters\nThe Ombudsman Act applies as if it were modified to provide that—\n(a) the National Health Practitioner Ombudsman must, within\n3 months after the end of each financial year, submit an annual\nreport for the financial year to the Ministerial Council; and\n\nPart 5 Application of Ombudsman Act\nSection 30\npage 24 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the annual report must include—\n(i) a financial statement for the period to which the report\nrelates that—\n(A) has been prepared in accordance with Australian\nAccounting Standards; and\n(B) has been audited by the Auditor-General (however\ndescribed) of a State or Territory, or an auditor\nemployed, appointed or otherwise engaged by an\nAuditor-General; and\n(ii) a report about the performance of the Ombudsman’s\nfunctions under the Act during the period to which the\nreport relates; and\n(c) each member of the Ministerial Council must lay a copy of the\nannual report before each House of the Parliament of the\njurisdiction the member represents.\n30 Miscellaneous modifications\nThe Ombudsman Act applies—\n(a) as if it were modified so that provisions of the Act relating to the\nIntegrity Commissioner do not apply; and\n(b) as if the requirement to give a report under the Public\nGovernance, Performance and Accountability Act 2013,\nsection 46 does not apply; and\n(c) as if the requirement to observe confidentiality under the Act—\n(i) applies to any person performing functions under the Act;\nbut\n\nApplication of Ombudsman Act Part 5\nSection 31\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) does not prevent a member of the Ministerial Council\nmaking a record of, or divulging or communicating to\nanother member of the Ministerial Council, information\nacquired by the member in performing functions under the\nAct; and\n(d) with any other modifications that are necessary.\n31 Regulations\nThe Regulations made under the Ombudsman Act, other than\nprovisions providing for witness expenses, do not apply.\n\nPart 6 Application of Privacy Act\nSection 32\npage 26 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Application of Privacy Act\n32 Who is a contracted service provider\n(1) A person is a contracted service provider if the person enters into a\ncontract with the National Agency to provide services to the National\nAgency.\n(2) A person is also a contracted service provider if—\n(a) the person enters into a contract (the subcontract) with a\ncontracted service provider mentioned in subsection (1) (the\nhead contractor); and\n(b) under the subcontract, the person provides, for or on behalf of\nthe head contractor, the services the head contractor is to provide\nunder a contract mentioned in subsection (1).\n33 Application of Privacy Act\nFor the purposes of section 213(2)(b) of the Law, this Part sets out\nmodifications of the Privacy Act as it applies as a law of a\nparticipating jurisdiction for the purposes of the national registration\nand accreditation scheme.\n34 References in Privacy Act to particular terms\nThe Privacy Act applies as if—\n(a) a reference to the Ombudsman were a reference to the National\nHealth Practitioner Ombudsman; and\n(b) a reference to the Minister or the Minister responsible for the\nagency were a reference to a member of the Ministerial Council\nnominated by that Council; and\n(c) a reference to the Commonwealth or the Government of the\nCommonwealth were a reference to a participating jurisdiction\nor the Government of a participating jurisdiction; and\n\nApplication of Privacy Act Part 6\nSection 35\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) a reference to the Parliament were a reference to a relevant\nParliament; and\n(e) a reference to the Administrative Appeals Tribunal were a\nreference to a relevant tribunal; and\n(f) a reference to the Federal Court were a reference to the Supreme\nCourt, or another court of competent jurisdiction, of a\nparticipating jurisdiction; and\n(g) a reference to the Federal Circuit Court were a reference to the\nMagistrates Court or the Local Court of a participating\njurisdiction; and\n(h) a reference to any other office holder or body of the\nCommonwealth were a reference to the equivalent office holder\nor body of a participating jurisdiction; and\n(i) a reference to a Commonwealth enactment included a reference\nto a law of a participating jurisdiction; and\n(j) references to arrangements or communications between a\nMinister of the Commonwealth and a Minister of a State\nincluded references to arrangements or communications\nbetween Ministers of States.\n35 Modifications relating to National Agency and National\nBoards\nThe Privacy Act applies as if it were modified so that—\n(a) it applies only in relation to—\n(i) agencies; and\n(ii) contracted service providers; and\n(b) the agencies are—\n(i) the Advisory Council; and\n\nPart 6 Application of Privacy Act\nSection 35\npage 28 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the National Agency; and\n(iii) the Agency Board; and\n(iv) each of the National Boards; and\n(v) each accreditation authority; and\n(vi) if the National Board appoints a person to conduct an\nexamination or assessment of an individual under\nsections 54 or 59 of the Law—the person; and\n(vii) if the National Board appoints a person to conduct an\nexamination or assessment of an applicant for registration\nunder section 80(3)(a) of the Law—the person; and\n(viii) a specialist medical college in relation to an approved\nprogram of study provided by the college; and\n(c) a reference in the Act to the principal executive of an agency is\na reference to—\n(i) for the Advisory Council, the Chairperson of the Advisory\nCouncil; and\n(ii) for the National Agency, the chief executive officer of the\nNational Agency; and\n(iii) for the Agency Board, the Chairperson of the Agency\nBoard; and\n(iv) for a National Board, the Chairperson of the National\nBoard; and\n(v) for an accreditation committee—the Chairperson of the\ncommittee; and\n(vi) for an external accreditation entity—the chief executive\nofficer of the entity; and\n(vii) for an agency specified in paragraph (b)(vi) or (vii)—\nthe chief executive officer of the agency; and\n\nApplication of Privacy Act Part 6\nSection 36\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(viii) for a specialist medical college specified in\nparagraph (b)(viii)—\n(A) the chief executive officer of the college; or\n(B) if there is no chief executive officer—the president of\nthe college.\nNote As the Act applies only in relation to agencies (that is, the National\nAgency, the Agency Board, National Boards, accreditation authorities,\nentities appointed to conduct certain examinations or assessments and\nspecialist medical colleges in certain circumstances) and contracted\nservice providers, provisions of the Act dealing with organisations (other\nthan to the extent the provisions relate to contracted service providers) do\nnot apply.\n36 Modifications about financial matters\nThe Privacy Act applies as if it were modified to provide that the\nNational Health Practitioner Privacy Commissioner must—\n(a) ensure the Commissioner’s operations are carried out\nefficiently, effectively and economically; and\n(b) keep proper books and records in relation to the funds held by\nthe Commissioner; and\n(c) ensure expenditure is made from the funds held by the\nCommissioner only for lawful purposes and, as far as possible,\nreasonable value is obtained for amounts expended from the\nfunds; and\n(d) ensure the Commissioner’s procedures, including internal\ncontrol procedures, afford adequate safeguards with respect to—\n(i) the correctness, regularity and propriety of payments made\nfrom the funds held by the Commissioner; and\n(ii) receiving and accounting for payments made to the\nCommissioner; and\n\nPart 6 Application of Privacy Act\nSection 37\npage 30 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) prevention of fraud or mistake; and\n(e) take any action necessary to ensure the preparation of accurate\nfinancial statements in accordance with Australian Accounting\nStandards for inclusion in the Commissioner’s annual report;\nand\n(f) take any action necessary to facilitate the audit of the financial\nstatements; and\n(g) arrange for any further audit by a qualified person of records\nkept by the Commissioner in relation to the funds held by the\nCommissioner, if directed to do so by the Ministerial Council.\n37 Modifications about public interest determinations\nThe Privacy Act applies as if it were modified to provide that the\nNational Health Practitioner Privacy Commissioner must—\n(a) the requirement for the National Health Practitioner Privacy\nCommissioner to make a public interest determination by\nlegislative instrument does not apply; and\n(b) if the National Health Practitioner Privacy Commissioner makes\na public interest determination, the Commissioner must, as soon\nas practicable after making the determination, notify the\nMinisterial Council in writing of the determination; and\n(c) a public interest determination commences on—\n(i) the day stated in the determination (being not earlier than\nthe day the determination is registered); or\n(ii) if no day is stated in the determination, the day that is 1 day\nafter the day the determination is registered; and\n(d) the National Health Practitioner Privacy Commissioner must\nmake the register of determinations available on the\nCommissioner’s website; and\n\nApplication of Privacy Act Part 6\nSection 38\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the provisions of the Act providing for charging fees for making\nthe register available to the public do not apply; and\n(f) unless a contrary intention appears in a public interest\ndetermination, an expression used in the determination that is\nalso used in the Act has the same meaning in the determination\nas the expression has in the Act; and\n(g) sections 246 and 247 of the Law apply to a public interest\ndetermination as if it were a regulation (other than to the extent\nthe determination is in force in Western Australia); and\n(h) to the extent a public interest determination is in force in\nWestern Australia, section 42 of the Interpretation Act 1984 of\nWestern Australia applies to the determination as if—\n(i) the determination were a regulation; and\n(ii) the requirement in section 42(1) to lay the determination\nbefore each House of Parliament were a requirement to lay\nthe determination before each House of Parliament within\n18 sitting days of that House after the day the\ndetermination is registered.\n38 Miscellaneous modifications\nThe Privacy Act applies—\n(a) as if the requirement for a payment to be made by the\nCommonwealth were a requirement for a payment to be made\nby the National Agency from the Agency Fund; and\n(b) as if it were modified so that the National Health Practitioner\nPrivacy Commissioner’s power to authorise persons to enter\npremises occupied by an agency and inspect documents extends\nto a power to authorise any person the Commissioner considers\nappropriate; and\n\nPart 6 Application of Privacy Act\nSection 39\npage 32 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) as if it were modified so that the provisions of the Act relating\nto the any of the following do not apply—\n(i) the establishment of the Privacy Advisory Committee;\n(ii) emergencies and disasters, tax file numbers, credit\nreporting and credit providers;\n(iii) making guidelines about medical research, health\ninformation and genetic information;\n(iv) privacy codes;\n(v) monitoring related functions;\n(vi) guidance related functions (other than the functions\nrelating to promoting an understanding and acceptance of\nthe Australian Privacy Principles and the objects of those\nprinciples);\n(vii) the Anti-Money Laundering and Counter-Terrorism\nFinancing Act 2006, the Data-matching Program\n(Assistance and Tax) Act 1990, the Healthcare Identifiers\nAct 2010 and the National Health Act 1953; and\n(d) with any other modifications that are necessary.\n39 Regulations\nThe Regulations made under the Privacy Act do not apply.\n\nMiscellaneous Part 7\nSection 40\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n40 Transition period in relation to professional indemnity\ninsurance arrangements for midwives practising private\nmidwifery\nFor the purposes of section 284(3)(b) of the Law, the transition period\nends on 31 December 2026.\n41 Prescribed participation day for registration in\nparamedicine\nFor the purposes of section 306 of the Law, definition participation\nday, the prescribed participation day is 1 December 2018.\n41A Prescribed qualification for general registration in\nparamedicine\nFor the purposes of section 312(5)(d)(i) of the Law, the Diploma of\nEmergency Health Care is prescribed.\n\nPart 8 Transitional and repeal\nDivision 1 Repeal\nSection 42\npage 34 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Transitional and repeal\nDivision 1 Repeal\n42 Regulations repealed\nThe following Regulations are repealed—\n(a) the Health Practitioner Regulation National Law Regulation;\n(b) the Health Practitioner Regulation National Law (WA)\nRegulations 2010.\nDivision 2 Transitional provisions\n43 Definitions for Division\nIn this Division—\napplied FOI Act means the FOI Act as it applies as a law of a\nparticipating jurisdiction under Part 4.\ncommencement means the commencement of this Division.\npreviously applied FOI Act means the FOI Act as it applied as a law\nof a participating jurisdiction under a repealed Regulation.\nrepealed Regulation means—\n(a) the Health Practitioner Regulation National Law Regulation; or\n(b) the Health Practitioner Regulation National Law Regulation as\napplied by the Health Practitioner Regulation National Law\n(WA) Regulations 2010.\n\nTransitional and repeal Part 8\nTransitional provisions Division 2\nSection 44\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n44 Transitional provision for continued Boards\nTo remove any doubt, it is declared that—\n(a) anything started by a National Board before commencement\nmay be completed by the Board as continued in existence under\nsection 4;\n(b) a decision of a National Board before commencement is a\ndecision of the Board as continued in existence under section 4;\n(c) anything else done by a National Board before commencement\nis taken to have been done by the Board as continued in\nexistence under section 4.\n45 Continuation of existing appointment and employment of\nNational Health Practitioner Privacy Commissioner\n(1) The existing appointment of the National Health Practitioners Privacy\nCommissioner under section 5(b) of the repealed Regulations\ncontinues as the appointment of the National Health Practitioner\nPrivacy Commissioner under this Regulation—\n(a) for the remainder of the term of appointment to which the\nNational Health Practitioners Privacy Commissioner was\nsubject under the repealed Regulations; and\n(b) with the conditions imposed under the repealed Regulations.\n(2) This section does not prevent the Ministerial Council from varying a\ncondition imposed on the appointment of the National Health\nPractitioner Privacy Commissioner during the term of the\nappointment.\n\nPart 8 Transitional and repeal\nDivision 2 Transitional provisions\nSection 46\npage 36 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n46 Continuation of existing appointment and employment of\nNational Health Practitioner Ombudsman\n(1) The existing appointment of the National Health Practitioners\nOmbudsman under section 22(b) of the repealed Regulations\ncontinues as the appointment of the National Health Practitioner\nOmbudsman under this Regulation—\n(a) for the remainder of the term of appointment to which the\nNational Health Practitioners Ombudsman was subject under\nthe repealed Regulations; and\n(b) with the conditions imposed under the repealed Regulations.\n(2) This section does not prevent the Ministerial Council from varying a\ncondition imposed on the appointment of the National Health\nPractitioner Ombudsman during the term of the appointment.\n47 Acting Commissioner under the Privacy Act\n(1) Subsection (2) applies to a person who, immediately before the\ncommencement, held an appointment as acting Commissioner under\nthe Privacy Act.\n(2) The person continues as the acting National Health Practitioner\nPrivacy Commissioner under the AIC Act.\n48 Applications for access to a document\n(1) This section applies if—\n(a) before the commencement, an application was made for access\nto a document under the previously applied FOI Act; and\n(b) the application was not decided or withdrawn before the\ncommencement.\n(2) The application must be decided under Part III of the applied FOI Act.\n\nTransitional and repeal Part 8\nTransitional provisions Division 2\nSection 49\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n49 Applications for internal review of access refusal\ndecision\n(1) This section applies if—\n(a) before the commencement, an application was made for internal\nreview of an access refusal decision under the previously\napplied FOI Act; and\n(b) the application was not decided or withdrawn before the\ncommencement.\n(2) The application must be decided under Part VI of the applied FOI\nAct.\n\nEndnotes\n1 About the endnotes\npage 38 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\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.\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\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nHealth Practitioner Regulation National Law Regulation 2018 SR No\n166/2018 (Vic)\nmade 12 October 2018 (Vic Gaz 2018 No S482)\ns 41 commenced 18 October 2018 (s 2 (2) (b) and Vic Gaz 2018\nNo S485)\nremainder commenced 1 December 2018 (s 2 (1))\nas amended by\nHealth Practitioner Regulation National Law Amendment\n(Miscellaneous) Regulation 2019 SR No 141/2019 (Vic)\nmade 1 November 2019 (Vic Gaz 2019 No S523)\ncommenced 16 December 2019 (s 2 (b) and Vic Gaz 2019 No S533)\nHealth Practitioner Regulation National Law Amendment\n(Professional Indemnity Insurance) Regulation 2021 SR No 157/2021\n(Vic)\nmade 6 December 2021 (Vic Gaz 2021 No S698)\ncommenced 10 December 2021 (s 2 (b) and Vic Gaz 2021 No S704)\nHealth Practitioner Regulation National Law Amendment\nRegulation 2022 SR No 1/2023 (Vic)\nmade 14 December 2022 (Vic Gaz 2023 No S20)\ncommenced 30 January 2023 (s 2 (b) and Vic Gaz 2023 No S21)\nHealth Practitioner Regulation National Law Amendment\n(Paramedicine Qualification) Regulation 2022 SR No 2/2023 (Vic)\nmade 14 December 2022 (Vic Gaz 2023 No S20)\ncommenced 30 January 2023 (s 2 (b) and Vic Gaz 2023 No S21)\nHealth Practitioner Regulation National Law Amendment\n(Professional Indemnity Insurance) Regulation 2023 SR No 127/2023\n(Vic)\nmade 10 November 2023 (Vic Gaz 2023 No S663)\ncommenced 8 December 2023 (s 2 (b) and Vic Gaz 2023 No S665)\n\nEndnotes\n3 Legislation history\npage 40 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nHealth Practitioner Regulation National Law Amendment\n(Professional Indemnity Insurance) Regulation 2025 SR No 26/2025\n(Vic)\nmade 1 May 2025 (Vic Gaz 2025 No S228)\ncommenced 13 May 2025 (s 2 and Vic Gaz 2025 No S230)\n\nEndnotes\nAmendment history 4\nR7\n05/06/25\nHealth Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nDefinitions\ns 3 def relevant tribunal am SR No 1/2023 (Vic) s 1\nModifications relating to National Agency and National Boards\ns 15 am SR No 1/2023 (Vic) s 2\nTransitional provision for existing right of review by Administrative Appeals\nTribunal\ns 21 exp 1 February 2019 (s 21 (4))\nTransitional provision for current obligation to publish information\ns 22 am SR No 141/2019 (Vic) s 4\nModifications relating to National Agency and National Boards\ns 26 SR No 1/2023 (Vic) s 3\nModifications relating to National Agency and National Boards\ns 35 am SR No 1/2023 (Vic) s 4\nTransition period in relation to professional indemnity insurance\narrangements for midwives practising private midwifery\ns 40 am SR No 141/2019 (Vic) s 5; SR No 157/2021 (Vic) s 4; SR\nNo 127/2023 (Vic) s 4; SR No 26/2025 (Vic) s 4\nPrescribed qualification for general registration in paramedicine\ns 41A ins SR No 2/2023 (Vic) s 4\nDefinitions for Division\ns 43 def repealed Regulation am SR No 141/2019 (Vic) s 6\n\nEndnotes\n5 Earlier republications\npage 42 Health Practitioner Regulation National Law\nRegulation 2018\nEffective: 13/05/25\nR7\n05/06/25\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 Dec 2018\n1 Dec 2018–\n1 Feb 2019\nnot amended new regulation\nR2\n7 Feb 2019\n2 Feb 2019–\n15 Dec 2019\nnot amended expiry of\ntransitional\nprovision (s 21)\nR3\n16 Dec 2019\n16 Dec 2019–\n29 Jan 2023\nStatutory Rule No\n141/2019 (Vic)\namendments by\nStatutory Rule No\n141/2019 (Vic)\nR4\n10 Dec 2021\n10 Dec 2021–\n29 Jan 2023\nStatutory Rule No\n157/2021 (Vic)\namendments by\nStatutory Rule No\n157/2021 (Vic)\nR5\n30 Jan 2023\n30 Jan 2023–\n7 Dec 2023\nStatutory Rule No\n2/2023 (Vic)\namendments by\nStatutory Rule No\n1/2023 (Vic) and\nStatutory Rule No\n2/2023\nR6\n13 Dec 2023\n8 Dec 2023–\n12 May 2025\nStatutory Rule No\n127/2023 (Vic)\namendments by\nStatutory Rule No\n127/2023 (Vic)\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"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":7,"scope_assessment":{"changed":false,"description":"The Regulation appears to maintain its original scope as a supporting instrument to the Health Practitioner Regulation National Law. While it has been amended multiple times (as shown in the endnotes) to extend deadlines (particularly for midwife insurance in section 40) and add specific qualifications for paramedicine (section 41A), these amendments operate within the original framework of applying Commonwealth accountability laws to the national registration scheme. The core structure of adopting and modifying the AIC Act, FOI Act, Ombudsman Act, and Privacy Act remains consistent with the original 2018 intent."},"complexity_factors":["Extensive cross-referencing to four separate Commonwealth Acts (AIC Act, FOI Act, Ombudsman Act, Privacy Act) with detailed modification tables","Multiple layers of defined terms including 'relevant Parliament', 'relevant tribunal', and 'agency service provider' that vary by jurisdiction","Nested conditional logic in Parts 3-6 where Commonwealth law provisions are selectively applied, modified, or excluded","Duplicative but slightly varied provisions across Parts 3, 4, 5, and 6 for each Commonwealth Act (financial management, annual reporting, appointment conditions)","Transitional provisions in Part 8 that preserve pre-existing appointments and applications under repealed regulations","Jurisdictional variations requiring different treatment for Western Australia (e.g., section 2 commencement, section 37(h) specific reference to WA Interpretation Act)","Specific exclusions of Commonwealth Regulations under sections 12, 20, 31, and 39 with limited exceptions (fees and witness expenses)"],"plain_english_summary":"This Regulation is a crucial piece of Australia's national health practitioner regulation system. It operates under the Health Practitioner Regulation National Law (the 'National Law') to set up the administrative and oversight framework for how health practitioners are registered and regulated across Australia.\n\n**What it does:**\n\n*   **Establishes National Boards:** It continues 15 National Boards that oversee specific health professions (doctors, nurses, dentists, pharmacists, psychologists, paramedics, etc.). These boards decide who can practise, set standards, and handle complaints.\n*   **Sets up Public Registers:** It requires each Board to keep a public register of registered practitioners. This lets you check if your doctor or nurse is properly qualified and registered.\n*   **Applies Commonwealth Laws to the Scheme:** This is the bulk of the Regulation. It 'imports' four key Commonwealth laws and modifies them so they apply to the national health practitioner scheme as if it were a government agency:\n    *   **Freedom of Information (FOI):** Lets people request documents from the National Agency and National Boards.\n    *   **Privacy Act:** Protects personal information held by the scheme.\n    *   **Ombudsman Act:** Allows the National Health Practitioner Ombudsman to investigate complaints about the scheme's administration.\n    *   **Australian Information Commissioner Act:** Establishes the role of the National Health Practitioner Privacy Commissioner to handle privacy complaints and oversight.\n*   **Modifies Commonwealth Laws:** Because the health scheme isn't exactly a federal department, the Regulation changes references in those Commonwealth laws (e.g., changing 'Minister' to 'Ministerial Council', 'Commonwealth' to 'participating jurisdiction', and 'Federal Court' to relevant state/territory courts).\n*   **Specific Rules for Midwives and Paramedics:** It sets a transition period (until 31 December 2026) for midwives in private practice to arrange professional indemnity insurance. It also sets the date when paramedicine became a registered profession (1 December 2018) and prescribes specific qualifications for registration.\n\n**Who it affects:**\n\n*   **Health practitioners:** Anyone registered under the National Law (doctors, nurses, dentists, etc.).\n*   **Patients:** Anyone accessing health services, as it governs the registers they can check and the privacy of their health information.\n*   **The National Agency (AHPRA):** The administrative body that runs the scheme.\n*   **National Boards:** The 15 profession-specific boards.\n*   **Contractors and service providers:** Companies or individuals providing services to the National Agency.\n\n**Why it matters:**\n\nWithout this Regulation, the national health practitioner scheme wouldn't have proper oversight mechanisms for privacy, freedom of information, or complaints investigation. It ensures that while the scheme operates nationally, it remains accountable to the public through familiar transparency and oversight mechanisms, adapted from Commonwealth law to work in a national, multi-jurisdictional context."}},"importantCases":[],"_links":{"self":"/api/acts/health-practitioner-regulation-national-law-regulation-2018","history":"/api/acts/health-practitioner-regulation-national-law-regulation-2018/history","analysis":"/api/acts/health-practitioner-regulation-national-law-regulation-2018/analysis","conflicts":"/api/acts/health-practitioner-regulation-national-law-regulation-2018/conflicts","importantCases":"/api/acts/health-practitioner-regulation-national-law-regulation-2018/important-cases","documents":"/api/acts/health-practitioner-regulation-national-law-regulation-2018/documents"}}