{"id":"health-practitioner-regulation-national-law-south-australia-act-2010","name":"Health Practitioner Regulation National Law (South Australia) Act 2010","slug":"health-practitioner-regulation-national-law-south-australia-act-2010","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":78304,"registerId":"sa-health-practitioner-regulation-national-law-south-australia-act-2010-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Health Practitioner Regulation National Law (South Australia) Act 2010.\n3—Definitions\n\t(1)\tIn this Act—\nChief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position;\nthe Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;\nHealth Practitioner Regulation National Law (South Australia) means the provisions applying in this jurisdiction because of section 4;\nrepresentative body means a body that is declared by the regulations to be a representative body for the purposes of this Act;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tTerms used in this Act and also in the Health Practitioner Regulation National Law set out in the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland have the same meanings in this Act as they have in that Law.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Adoption of Health Practitioner Regulation National Law","content":"Part 2—Adoption of Health Practitioner Regulation National Law\n4—Application of Health Practitioner Regulation National Law\n\t(1)\tIn this section—\nSouth Australian Health Practitioner Regulation National Law text means—\n\t(a)\tuntil a regulation is made under subsection (3)—the text set out in the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland as in force on 1 July 2010;\n\t(b)\tthereafter—the Health Practitioner Regulation National Law (South Australia) set out in the Schedule inserted under subsection (3) (as in force for the time being).\n\t(2)\tThe South Australian Health Practitioner Regulation National Law text—\n\t(a)\tapplies as a law of South Australia; and\n\t(b)\tas so applying may be referred to as the Health Practitioner Regulation National Law (South Australia); and\n\t(c)\tas so applying, forms a part of this Act.\n\t(3)\tIn connection with the operation of subsections (1) and (2), the Governor may, by regulation, insert a Schedule into this Act that sets out the Health Practitioner Regulation National Law (South Australia).\n\t(4)\tIf, after the commencement of this section, the Parliament of Queensland enacts a provision to make an amendment to the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, the amendment does not apply in South Australia but the Governor may, by regulation, modify the Health Practitioner Regulation National Law (South Australia) text to give effect to that amendment as a law of South Australia.\n\t(5)\tThe Governor may, as part of any regulation made under subsection (4), make any additional provision (including so as to modify the terms of an amendment that has been made by the Parliament of Queensland or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment made by the Parliament of Queensland has proper effect under the law of South Australia.\n\t(6)\tA regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment made by the Parliament of Queensland in that State (including a day that is earlier than the day of the regulation's publication in the Gazette).\n\t(7)\tSection 10 of the Subordinate Legislation Act 1978 does not apply to a regulation made under subsection (3) (but will apply to any subsequent regulation making a modification under this section).\n5—Meaning of generic terms in Health Practitioner Regulation National Law for the purposes of this jurisdiction\nIn the Health Practitioner Regulation National Law (South Australia)—\nmagistrate means a person holding office as a magistrate under the Magistrates Act 1983;\nmagistrates court means the Magistrates Court of South Australia;\nthis jurisdiction means South Australia.\n6—Responsible tribunal for Health Practitioner Regulation National Law\nThe South Australian Civil and Administrative Tribunal is declared to be the responsible tribunal of this jurisdiction for the purposes of the Health Practitioner Regulation National Law (South Australia).\n6A—Review of appellable decisions by Tribunal\n\t(1)\tA person who is the subject of an appellable decision under section 199 of the Health Practitioner Regulation National Law (South Australia) may appeal against that decision by applying to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the appellable decision.\n\t(2)\tFor the purposes of section 199 of the Health Practitioner Regulation National Law (South Australia), an application under subsection (1) must be made within 28 days after—\n\t(a)\tthe person making the application was given notice of the appellable decision; or\n\t(b)\tthe person making the application was given reasons for the appellable decision,\nwhichever is the later.\n\t(3)\tThe Tribunal may, in its discretion, extend the time fixed under subsection (2) for making an application under subsection (1), even if the time for making the application has ended.\n6B—No internal review by Tribunal\n\t(1)\tA decision of the Tribunal under section 196 or 197 of the Health Practitioner Regulation National Law (South Australia) may not be the subject of an application for an internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tSection 71(2), (2a) and (3a) of the South Australian Civil and Administrative Tribunal Act 2013 do not apply in relation to an appeal against a decision of the Tribunal under section 196 or 197 of the Health Practitioner Regulation National Law (South Australia).\n7—Exclusion of legislation of this jurisdiction\n\t(1)\tThe following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (South Australia) or to instruments made under that Law:\n\t(a)\tthe Acts Interpretation Act 1915;\n\t(b)\tthe Freedom of Information Act 1991;\n\t(c)\tthe Ombudsman Act 1972;\n\t(d)\tthe Public Finance and Audit Act 1987;\n\t(e)\tthe Public Sector Act 2009;\n\t(f)\tthe Public Sector (Honesty and Accountability) Act 1995;\n\t(g)\tthe Subordinate Legislation Act 1978.\n\t(2)\tTo avoid doubt, subsection (1)(g) does not apply to a regulation made under section 4(4), (5) or (6).\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Tribunal proceedings and powers","content":"Part 3—Tribunal proceedings and powers\n8—Interpretation\nrelevant authority means—\n\t(a)\ta member of the Tribunal; or\n\t(b)\tthe Registrar of the Tribunal; or\n\t(c)\tany other officer authorised under section 40(5)(c) of the South Australian Civil and Administrative Tribunal Act 2013 to issue summonses.\n9—Participation of assessors on Tribunal\n\t(1)\tFor the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be—\n\t(a)\ta panel of assessors consisting of persons from the health professions under the Health Practitioner Regulation National Law; and\n\t(b)\ta panel of assessors consisting of persons who are not members of the health professions under the Health Practitioner Regulation National Law and who are qualified, by reason of their knowledge, expertise and experience, to represent the interests of a broad range of consumers of health services.\n\t(2)\tIn exercising its powers for the purposes of this Act, the Tribunal will, if the President of the Tribunal so determines, be constituted by 3 members of whom—\n\t(a)\t2 will be selected from the panel of assessors constituted under subsection (1)(a); or\n\t(b)\t—\n\t(i)\t1 will be selected from the panel of assessors constituted under subsection (1)(a); and\n\t(ii)\t1 will be selected from the panel of assessors constituted under subsection (1)(b).\n\t(3)\tIn selecting members from the panel constituted under subsection (1)(a), the President must select 1 person who is a member of the same health profession under the Health Practitioner Regulation National Law as the person in relation to whom the relevant matter relates.\n\t(4)\tFor the purposes of proceedings before the Tribunal under this Act, the person presiding over the proceedings may, sitting alone—\n\t(a)\tdeal with—\n\t(i)\tpreliminary, interlocutory or procedural matters; or\n\t(ii)\tquestions of costs; or\n\t(iii)\tquestions of law; or\n\t(b)\tenter consent orders; or\n\t(c)\tperform any other function or exercise any other power of a prescribed kind,\nand may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the member considers appropriate.\n10—Interim power to suspend or impose conditions\n\t(1)\tThe Tribunal may, in connection with proceedings before the Tribunal under this Act, if of the opinion that it is desirable to do so in the public interest, and in accordance with any process or procedure determined by the Tribunal—\n\t(a)\tsuspend the registration of the person the subject of the proceedings; or\n\t(b)\timpose conditions on the person's registration restricting the person's right to provide health services,\npending hearing and determination of the proceedings.\n\t(2)\tA suspension or condition imposed under subsection (1)—\n\t(a)\twill have effect for a period, not exceeding 30 days, determined by the Tribunal; and\n\t(b)\tmay be extended from time to time for a further period or periods, not exceeding 30 days, determined by the Tribunal.\n\t(3)\tIn addition, if a National Board, or a panel of a National Board, has exercised its power to suspend the registration of the person the subject of the proceedings or imposed conditions on the person's registration, the Tribunal may revoke or vary the suspension or conditions so imposed.\n\t(4)\tWithout limiting any other provision or any other law, the person the subject of the proceedings and the relevant National Board are entitled to appear and make submissions at any proceedings under subsection (1) or (2)(b).\n11—Tribunal proceedings\n\t(1)\tWithout limiting any other provision or any other Act or law, the Tribunal may adopt procedures under which a member of the Tribunal participates in the proceedings of the Tribunal by means of an audio visual link or an audio link.\n\t(2)\tIn the course of any proceedings, the Tribunal may—\n\t(a)\treceive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or a Territory of Australia, of the Commonwealth or of another country, and draw any conclusions of fact from the evidence that it considers proper; and\n\t(b)\tadopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings.\n12—Failure to comply with a summons\n\t(1)\tIn connection with the issuing of a summons under section 40 of the South Australian Civil and Administrative Tribunal Act 2013, if a person summoned by the Tribunal for the purposes of proceedings under this Act—\n\t(a)\tfails to produce evidentiary material as required by the summons; or\n\t(b)\tfails to appear before the Tribunal as required by the summons; or\n\t(c)\thaving appeared, refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Tribunal,\na certificate of the failure or refusal, signed by the relevant authority, may be filed in the Supreme Court.\n\t(2)\tIf a certificate has been filed under subsection (1), a party or, in the case of a summons issued by the Tribunal on its own initiative, the Registrar of the Tribunal, may apply to the Supreme Court for an order directing the person summoned by the Tribunal—\n\t(a)\tto produce the evidentiary material; or\n\t(b)\tto appear, or be sworn or affirm, or answer questions, before the Tribunal,\n(as the case may require) and on that application the Court may make such orders as it thinks fit (including orders for costs).\n\t(3)\tThe Supreme Court may require that notice be given of an application under subsection (2) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application).\n13—Request to submit to medical examination at request of another party\n\t(1)\tA party whose medical condition is in issue in proceedings before the Tribunal must, at the request of another party to the proceedings, submit to a medical examination, at the cost of the party making the request, by a medical expert nominated by that party.\n\t(2)\tIf a party has been requested to submit to a medical examination after the proceedings have been referred to the substantive hearing, the party is not required to comply with the request unless the Tribunal authorises the request.\n\t(3)\tA party who requests another to submit to a medical examination must, at the request of that other party, pay to the other party a reasonable sum to cover the cost of travelling expenses and loss of earnings from attendance at the medical examination.\n\t(4)\tA medical practitioner who carries out a medical examination at the request of a party must prepare a written report setting out the results of the examination.\n\t(5)\tA party who requests another party to submit to a medical examination under this section must give the other parties to the action a copy of the report obtained on the examination.\n\t(6)\tIf the party undergoing the examination does not receive a copy of the medical expert's report for the examination within 14 calendar days after the date of the examination, that party may ask the medical practitioner for a copy of the report.\n14—Non-compliance with request to submit to medical examination\n\t(1)\tIf a party fails to comply with a request to submit to a medical examination under section 13, the party that requested the examination may make an application to the Tribunal seeking an order—\n\t(a)\tconfirming that the relevant party's medical condition is in issue in the proceedings; and\n\t(b)\tthat the party whose medical condition is in issue must submit to a medical examination.\n\t(2)\tIf the Tribunal makes an order under subsection (1)(b) that a party must submit to a medical examination and the party does not comply with the order, a certificate of the non‑compliance, signed by the relevant authority, may be filed in the Supreme Court.\n\t(3)\tIf a certificate has been filed under subsection (2), a party may apply to the Supreme Court for an order directing the other party to comply with the Tribunal's order that the party must submit to a medical examination and on that application the Court may stay the proceedings before the Tribunal until the relevant party complies with the requirement.\n15—Fine recovery\nA fine payable to a National Board under Part 8 Division 12 of the Health Practitioner Regulation National Law (South Australia) may be recovered as a debt due to that National Board.\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Pharmacy practice","content":"Part 4—Pharmacy practice\n26—Interpretation\n\t(1)\tIn this Part, unless the contrary intention appears—\nauthorised officer means a person appointed to be an authorised officer under Division 7;\nAuthority means the Pharmacy Regulation Authority SA constituted under this Part;\ndentist means a person registered under the Health Practitioner Regulation National Law—\n\t(a)\tto practise in the dental profession as a dentist (other than as a student); and\n\t(b)\tin the dentists division of that profession;\ndirector of a body corporate means a member of the board or committee of management of the body corporate, whether validly appointed or not;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nfriendly society means a company that is a friendly society under the Corporations Act 2001 of the Commonwealth and that—\n\t(a)\tprovides mutual benefits to its members; and\n\t(b)\tis a non‑profit organisation; and\n\t(c)\thas at least 100 members; and\n\t(d)\thas a constitution that provides that the main object of the company is to carry on the business of pharmacy;\nFriendly Society Medical Association Limited means the friendly society registered under the Corporations Act 2001 of the Commonwealth as a public company under the name Friendly Society Medical Association Limited (ACN 088 347 602);\nGeneral Manager means the General Manager of the Authority and includes a person for the time being acting in that position;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nMetropolitan Adelaide has the same meaning as in the Development Act 1993;\npharmacist means a person registered under the Health Practitioner Regulation National Law in the pharmacy profession (other than as a student);\npharmacist controlled company means a company within the meaning of the Corporations Act 2001 of the Commonwealth—\n\t(a)\tin which—\n\t(i)\tat least 1 director is a pharmacist; and\n\t(ii)\tevery director is either a pharmacist or a prescribed relative of a pharmacist; and\n\t(b)\twhere each holder of shares, or of a beneficial or legal interest in shares, in the company is—\n\t(i)\ta pharmacist or a prescribed relative of a pharmacist; or\n\t(ii)\ta recognised corporate pharmacy services provider; or\n\t(iii)\ta recognised trustee pharmacy services provider; and\n\t(c)\tin which a pharmacist is, or pharmacists are, entitled to control the exercise of at least 50% of the voting power—\n\t(i)\tat meetings of the directors of the company; or\n\t(ii)\tattached to voting shares issued by the company;\npharmacist controlled trust means a trust where each trustee is—\n\t(a)\ta pharmacist; or\n\t(b)\ta prescribed relative of a pharmacist as long as at least 1 other trustee is a pharmacist; or\n\t(c)\ta pharmacist controlled company; or\n\t(d)\ta person of a prescribed class;\npharmacy, in relation to premises, means premises registered on the register of pharmacies kept under this Part;\npharmacy business means a business consisting of or involving the provision of pharmacy services;\npharmacy depot means premises (other than a pharmacy) at which—\n\t(a)\tprescriptions for drugs or medicines are left for dispensing by a pharmacist; or\n\t(b)\tdrugs or medicines dispensed by a pharmacist on prescription are left for collection by or on behalf of the person for whom the drugs or medicines are prescribed;\npharmacy services or pharmacy means—\n\t(a)\trestricted pharmacy services; or\n\t(b)\tother health services (including the supply of goods and the provision of advice) provided in the course of practice by a pharmacist or a person who holds himself or herself out, or is held out by another, as a pharmacist;\npharmacy services provider means—\n\t(a)\tany person who holds a proprietary interest in a pharmacy business; or\n\t(b)\tany person referred to in section 51(2);\nprescribed relative, in relation to a person, means a parent, spouse, domestic partner, child, grandchild, brother or sister of the person;\nproprietary interest, in relation to a pharmacy business, means a legal or beneficial interest, and includes an interest as—\n\t(a)\ta sole proprietor; or\n\t(b)\ta partner; or\n\t(c)\ta director, member or shareholder of a company, as defined in the Corporations Act 2001 of the Commonwealth; or\n\t(d)\ta trustee or beneficiary of a trust,\nand has the meaning affected by subsection (2);\nprovide, in relation to pharmacy services, means provide services personally or through the instrumentality of another, and includes offer to provide;\nrelated body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nrepealed Act means the Pharmacy Practice Act 2007;\nrestricted pharmacy services means—\n\t(a)\tdispensing drugs or medicines on the prescription of a medical practitioner, dentist, veterinary surgeon or other person authorised to prescribe the drugs or medicines; or\n\t(b)\tother services declared by the regulations to be restricted pharmacy services;\nspouse—a person is a spouse of another if they are legally married;\nunprofessional conduct includes—\n\t(a)\timproper or unethical conduct in relation to professional practice; and\n\t(b)\tincompetence or negligence in relation to the provision of pharmacy services; and\n\t(c)\ta contravention of or failure to comply with—\n\t(i)\ta provision of this Act or the Health Practitioner Regulation National Law; or\n\t(ii)\ta code of conduct prepared or endorsed by the Authority under this Act; and\n\t(d)\tconduct that constitutes an offence punishable by imprisonment for 1 year or more under some other Act or law;\nveterinary surgeon means a person who is registered as a veterinary surgeon under the law of this State.\n\t(2)\tWithout limiting the generality of the expression, a person will be taken to hold a proprietary interest in a pharmacy business if—\n\t(a)\tthe person is a party to an arrangement of a kind prescribed by the regulations; or\n\t(b)\tthe person, in the course of carrying on a business, provides a benefit to another for which the person is entitled to receive the profits or income, or a share in the profits or income, of a pharmacy business; or\n\t(c)\tthe person has, under a franchise or other commercial arrangement, a right to receive consideration that varies according to the profits or income of a pharmacy business.\n\t(3)\tFor the purposes of this Part, each of the following is a recognised corporate pharmacy services provider:\n\t(a)\ta pharmacist controlled company;\n\t(b)\ta friendly society;\n\t(c)\ta company that carried on a pharmacy business on 1 August 1942 and has continued to do so since that date other than—\n\t(i)\tFriendly Society Medical Association Limited; or\n\t(ii)\tThe Mount Gambier United Friendly Societies Dispensary Limited.\n\t(4)\tFor the purposes of this Part, a recognised trustee pharmacy services provider is any pharmacist controlled trust.\n\t(5)\tFor the purposes of this Part, a person occupies a position of authority in a recognised corporate pharmacy services provider if the person—\n\t(a)\tis a director of the body corporate; or\n\t(b)\texercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or\n\t(c)\tmanages, or is to manage, the business of the body corporate insofar as that business consists of the provision of pharmacy services; or\n\t(d)\twhere the body corporate is a proprietary company—is a shareholder in the body corporate.\n\t(6)\tFor the purposes of this Part, a person who holds more than 10% of the issued share capital of a public company will be regarded as a person occupying a position of authority in that company.\n\t(7)\tFor the purposes of this Part, a person occupies a position of authority in a recognised trustee pharmacy services provider if the person is a trustee or beneficiary of the trust.\n\t(8)\tHowever—\n\t(a)\ta minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not, for that reason, to be regarded as a person occupying a position of authority; and\n\t(b)\ta charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority; and\n\t(c)\ta reference in a preceding provision to a beneficiary of a trust is a reference to a beneficiary who receives distributions from the trust.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Pharmacy Regulation Authority SA","content":"Division 2—Pharmacy Regulation Authority SA\n","sortOrder":4},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Establishment of Authority","content":"Subdivision 1—Establishment of Authority\n27—Establishment of Authority\n\t(1)\tPharmacy Regulation Authority SA is established.\n\t(2)\tThe Authority—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued in its corporate name; and\n\t(d)\thas all the powers of a natural person that are capable of being exercised by a body corporate; and\n\t(e)\thas the functions and powers assigned or conferred by or under this or any other Act.\n\t(3)\tIf a document appears to bear the common seal of the Authority, it will be presumed, in the absence of proof to the contrary, that the common seal of the Authority was duly affixed to the document.\n","sortOrder":5},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Authority's membership","content":"Subdivision 2—Authority's membership\n28—Composition of Authority\n\t(1)\tThe Authority consists of 5 members appointed by the Governor on the nomination of the Minister of whom—\n\t(a)\t1 will be an officer of the Department who has responsibility in relation to the administration of pharmacy services; and\n\t(b)\t1 will be selected from a panel of 3 pharmacists nominated by The Pharmacy Guild of Australia (SA Branch); and\n\t(c)\t1 will be selected from a panel of 3 pharmacists nominated by the Pharmaceutical Society of Australia (South Australian Branch) Incorporated; and\n\t(d)\t1 will be selected from a panel of 3 pharmacists involved in the operation of pharmacies in South Australia, nominated by the Australian Friendly Societies Pharmacies Association; and\n\t(e)\t1 will be a person who, in the opinion of the Minister, is qualified by reason of their expertise and experience to represent the interests of the public.\n\t(2)\tAt least 1 of the members of the Authority must be a woman and 1 must be a man.\n\t(3)\tThe Governor may appoint a person to be a deputy of a member and a person so appointed may act as a member of the Authority in the absence of the member.\n\t(4)\tThe requirements of qualification and nomination (if applicable) made by this section in relation to the appointment of a member extend to the appointment of the deputy of that member.\n29—Terms and conditions of membership\n\t(1)\tA member of the Authority will be appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.\n\t(2)\tThe Governor may remove a member of the Authority from office—\n\t(a)\tfor breach of, or non‑compliance with, a condition of appointment; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor failure or incapacity to carry out official duties satisfactorily.\n\t(3)\tThe office of a member of the Authority becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Authority; or\n\t(e)\tis disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or\n\t(f)\tis removed from office under subsection (2).\n\t(4)\tIf a member of the Authority is a member constituting the Authority for the purposes of any proceedings under Division 6 and the member's term of office expires, or the member resigns, before those proceedings are completed, the member may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Authority.\n30—Presiding member and deputy\nThe Minister must, after consultation with the Authority, appoint a member who is a pharmacist (the presiding member) to preside at meetings of the Authority and another member who is a pharmacist (the deputy presiding member) to preside at meetings of the Authority in the absence of the presiding member.\n31—Vacancies or defects in appointment of members\nAn act or proceeding of the Authority is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n32—Remuneration of members\nA member of the Authority is entitled to such remuneration, allowances and expenses as the Governor may from time to time determine.\n","sortOrder":6},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"General Manager and staff","content":"Subdivision 3—General Manager and staff\n33—General Manager and staff\n\t(1)\tThere will be a General Manager of the Authority.\n\t(2)\tThe General Manager will be appointed by the Authority on terms and conditions determined by the Authority.\n\t(3)\tThere will be such other staff of the Authority as the Authority thinks necessary for the proper performance of its functions.\n\t(4)\tA member of the staff of the Authority is not, as such, a member of the Public Service, but the Authority may employ a person who is on leave from employment in the Public Service or with an instrumentality or agency of the Crown.\n\t(5)\tThe Authority may, with the approval of the Minister administering an administrative unit of the Public Service, make use of the services, facilities or officers of that unit.\n","sortOrder":7},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"General functions and powers","content":"Subdivision 4—General functions and powers\n34—Functions of Authority\n\t(1)\tThe functions of the Authority are:\n\t(a)\tto determine, after consultation with authorities considered appropriate by the Authority, the requirements for registration of premises under this Part;\n\t(b)\tto ensure that the registers contemplated by this Part are established and maintained;\n\t(c)\tto prepare or endorse, subject to the approval of the Minister, codes of conduct for pharmacy services providers;\n\t(d)\tto establish administrative processes for handling complaints received against pharmacy services providers or persons who occupy positions of authority in recognised corporate pharmacy services providers or recognised trustee pharmacy services providers (which may include processes under which the provider or person who occupies the position voluntarily enters into an undertaking);\n\t(e)\tto provide advice to the Minister as the Authority considers appropriate;\n\t(f)\tto carry out other functions assigned to the Authority by or under this or any other Act, or by the Minister.\n\t(2)\tThe Authority must perform its functions under this Act with the object of protecting the health and safety of the public by achieving and maintaining high professional standards in the provision of pharmacy services in this State.\n\t(3)\tIf the Minister approves a code of conduct prepared or endorsed by the Authority, the Authority must—\n\t(a)\tcause a copy of the code to be published in the Gazette; and\n\t(b)\ttake reasonable steps to send a copy of the code to each pharmacy services provider to whom it applies; and\n\t(c)\tensure that a copy of the code is published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Authority,\n(although proof of compliance with paragraphs (a), (b) and (c) is not necessary for the purpose of any proceedings that involve an alleged contravention of or failure to comply with the code).\n\t(4)\tThe administrative processes established by the Authority for handling complaints received against pharmacy services providers or persons who occupy positions of authority in recognised corporate pharmacy services providers or recognised trustee pharmacy services providers must be designed—\n\t(a)\tto be fair to both the aggrieved person and the respondent; and\n\t(b)\tto keep both the aggrieved person and the respondent properly informed about the steps taken by the Authority in response to the complaint; and\n\t(c)\tto provide, where appropriate, opportunities for the clarification of any misapprehension or misunderstanding between the aggrieved person and the respondent; and\n\t(d)\tto keep both the aggrieved person and the respondent properly informed about the outcome of the processes; and\n\t(e)\tto take into account the needs of particular classes of persons who may otherwise suffer disadvantage in the conduct of those processes.\n35—Delegations\n\t(1)\tThe Authority may delegate a function or power conferred on the Authority—\n\t(2)\tThe General Manager may delegate a function or power conferred on the General Manager under this Act—\n\t(3)\tA delegation—\n\t(a)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(b)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(c)\tis revocable at will and does not prevent the delegator from acting personally in a matter.\n","sortOrder":8},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Authority's procedures","content":"Subdivision 5—Authority's procedures\n36—Authority's procedures\n\t(1)\tSubject to this Act, 3 members constitute a quorum of the Authority.\n\t(2)\tA meeting of the Authority (other than for the purposes of hearing and determining proceedings under Division 6) will be chaired by the presiding member or, in his or her absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Authority must choose 1 of their number to preside at the meeting.\n\t(3)\tA decision carried by a majority of the votes cast by members of the Authority at a meeting is a decision of the Authority.\n\t(4)\tEach member present at a meeting of the Authority has 1 vote on any question arising for decision and, except in hearing and determining proceedings under Division 6, the member presiding at the meeting may exercise a casting vote if the votes are equal.\n\t(5)\tA conference by telephone or other electronic means between the members of the Authority will, for the purposes of this section, be taken to be a meeting of the Authority at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Authority for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA proposed resolution of the Authority becomes a valid decision of the Authority despite the fact that it is not voted on at a meeting of the Authority if—\n\t(a)\tnotice of the proposed resolution is given to all members of the Authority in accordance with procedures determined by the Authority; and\n\t(b)\ta majority of the members express concurrence in the proposed resolution by letter, telegram, telefax, fax, email or other written communication setting out the terms of the resolution.\n\t(7)\tHowever, subsections (5) and (6) do not apply in relation to the hearing and determination of proceedings under Division 6 by the Authority as constituted for the purposes of proceedings under that Division.\n\t(8)\tThe Authority must have accurate minutes kept of its meetings.\n\t(9)\tSubject to this Act, the Authority may determine its own procedures.\n37—Conflict of interest etc under Public Sector provisions\nA member of the Authority will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with pharmacists generally or a substantial section of pharmacists in this State.\n","sortOrder":9},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Accounts, audit and annual report","content":"Subdivision 6—Accounts, audit and annual report\n38—Accounts and audit\n\t(1)\tThe Authority must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe accounts must be audited at least once in every year by an auditor approved by the Auditor‑General and appointed by the Authority.\n\t(3)\tThe Auditor‑General may at any time audit the accounts of the Authority.\n39—Annual report\n\t(1)\tThe Authority must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act and the work of the Authority during the financial year ending on the preceding 30 June.\n\t(2)\tThe report must incorporate the audited accounts of the Authority for the relevant financial year.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n","sortOrder":10},{"sectionNumber":"Div 3","sectionType":"division","heading":"Registration of pharmacies and depots","content":"Division 3—Registration of pharmacies and depots\n40—Registers\n\t(1)\tThe General Manager must keep the following registers on behalf of the Authority:\n\t(a)\ta register of pharmacies;\n\t(b)\ta register of pharmacy depots.\n\t(2)\tThe register of pharmacies must include, in relation to each premises on the register—\n\t(a)\tthe address of the premises; and\n\t(b)\tthe full name and nominated contact address of the person who carries on a pharmacy business at the premises; and\n\t(c)\tinformation prescribed by the regulations,\n\t(3)\tThe register of pharmacy depots must include, in relation to each premises on the register—\n\t(a)\tthe address of the premises; and\n\t(b)\tinformation prescribed by the regulations,\n\t(4)\tA person must, within 1 month after ceasing to carry on a pharmacy business at a pharmacy, inform the General Manager in writing of that fact.\n\t(5)\tThe General Manager is responsible to the Authority for the form and maintenance of the registers.\n\t(6)\tThe General Manager must correct an entry in a register that is not, or has ceased to be, correct.\n\t(7)\tThe registers must be kept available for inspection by any person during ordinary office hours at the principal office of the Authority and the registers or extracts from the registers may be made available to the public by electronic means.\n\t(8)\tA person may, on payment of the prescribed fee, obtain a copy of any part of a register under this section.\n41—Registration of premises as pharmacy\n\t(1)\tA person must not provide restricted pharmacy services except at premises registered as a pharmacy under this section.\n\t(1a)\tA person must not own, or hold a proprietary interest in, a pharmacy business unless the business is carried on at premises registered as a pharmacy under this section.\n\t(2)\tThe registered premises must incorporate areas used for any business carried on in association with the provision of pharmacy services.\n\t(3)\tIf, on application made to the Authority for the registration of premises as a pharmacy, the Authority is satisfied that the premises and its location comply with—\n\t(a)\tthe requirements of the regulations; and\n\t(b)\tthe requirements determined by the Authority to be necessary for the registration of the premises as a pharmacy,\nthe Authority must, subject to subsection (5), register the premises.\n\t(4)\tRegistration under this section remains in force until 30 September next ensuing after the grant of registration and may from time to time be renewed for successive periods of 1 year expiring on 30 September.\n\t(5)\tThe Authority must not register, or renew the registration of, premises as a pharmacy unless satisfied that members of the public cannot directly access the premises from within the premises of a supermarket.\n\t(6)\tThe Authority may refuse to renew the registration of premises as a pharmacy if not satisfied that the premises and its location comply with the requirements of the regulations or the requirements determined by the Authority to be necessary for the registration of the premises as a pharmacy.\n\t(7)\tAn application for registration or renewal of registration under this section must—\n\t(8)\tAn applicant for registration or renewal of registration must, if the Authority so requires, provide the Authority with specified information to enable the Authority to determine the application.\n\t(9)\tThis section does not apply in relation to the dispensing of drugs or medicines by a medical practitioner in the ordinary course of his or her profession.\n\t(10)\tIn this section—\nsupermarket has the meaning assigned by the regulations.\n42—Restriction on number of pharmacies\n\t(1)\tFriendly Society Medical Association Limited must not provide pharmacy services at more than 40 pharmacies in this State.\n\t(2)\tA person other than a friendly society must not provide pharmacy services at more than 6 pharmacies in this State.\n\t(3)\tA friendly society other than Friendly Society Medical Association Limited must not commence to provide pharmacy services at a pharmacy if friendly societies other than Friendly Society Medical Association Limited already provide pharmacy services at 9 pharmacies in this State or, if another number of pharmacies is prescribed, that number (as recorded on the register of pharmacies).\n\t(4)\tIn determining the number of pharmacies at which a natural person provides pharmacy services, pharmacies at which the person provides pharmacy services as a natural person and pharmacies at which any body corporate or trust in which the person occupies a position of authority provides pharmacy services must be taken into account.\n43—Supervision of pharmacies by pharmacists\n\t(1)\tA person who carries on a pharmacy business must ensure that a pharmacist is in attendance and available for consultation by members of the public at each pharmacy at which the business is carried on while the pharmacy is open to the public.\n\t(1a)\tSubsection (1) does not to apply to a person who carries on a pharmacy business in circumstances where—\n\t(a)\tthe person is authorised by the Authority to operate the pharmacy business without a pharmacist being physically in attendance at the pharmacy; and\n\t(b)\ta pharmacist is, by means of Internet or other electronic communication (other than communication of a kind specified by the Authority), in attendance during any period the pharmacy business is operating and is available for consultation by members of the public.\n\t(1b)\tThe Authority may only grant an authorisation under subsection (1a)(a) in respect of a pharmacy if—\n\t(a)\tthe pharmacy is located within a prescribed area; and\n\t(b)\tthe authorisation is reasonably necessary to ensure that pharmacy services are available to persons who would not otherwise have direct and timely access to such services; and\n\t(c)\tthe Authority is satisfied that a pharmacy services provider, who is proposed to provide pharmacy services as part of the operation of the pharmacy business without a pharmacist being physically in attendance at the pharmacy, has taken all reasonable steps to ensure that the provider will comply with a code of conduct applying to the provider under this Act in respect of such operation.\n\t(1c)\tAn authorisation granted under subsection (1a)(a) will be subject to the following conditions:\n\t(a)\tany conditions prescribed by the regulations;\n\t(b)\tany conditions imposed by the Authority.\n\t(1d)\tA condition of an authorisation under subsection (1c) may, without limitation—\n\t(a)\tspecify a pharmacy service, or pharmacy services of a class, which may not be provided while a pharmacist is not physically in attendance at the pharmacy pursuant to the authorisation; or\n\t(b)\trequire the physical attendance of a pharmacist at the pharmacy at specified intervals; or\n\t(c)\tspecify staffing requirements (including staff qualifications) for a pharmacy while a pharmacist is not physically in attendance at the pharmacy pursuant to the authorisation; or\n\t(d)\totherwise limit or restrict the circumstances or manner in which pharmacy services may be provided while a pharmacist is not physically in attendance at the pharmacy pursuant to the authorisation.\n\t(1e)\tThe Authority may, by notice in writing to a person holding an authorisation under subsection (1a)(a)—\n\t(a)\tvary or revoke a condition imposed under subsection (1c)(b); or\n\t(b)\timpose a new condition in relation to the authorisation; or\n\t(c)\trevoke the authorisation.\n\t(1f)\tA person must not contravene or fail to comply with a condition applying in relation to an authorisation granted under subsection (1a)(a).\n\t(1g)\tSubsection (1b)(a) does not apply in circumstances determined by the Authority to be circumstances of an emergency.\n\t(2)\tA person is not in breach of subsection (1) on account of a failure to have a pharmacist in attendance in the manner required by that subsection if—\n\t(a)\trestricted pharmacy services or prescribed pharmacy services are not, while a pharmacist is not in attendance, offered to members of the public; and\n\t(b)\taccess to those areas of the pharmacy used for the provision of restricted pharmacy services or prescribed pharmacy services is physically prevented; and\n\t(c)\tthe person who carries on the pharmacy business at the premises can prove—\n\t(i)\tthat the person has taken reasonable steps to consider the interests of members of the public who might be interested in accessing the pharmacy business; and\n\t(ii)\tthat any period when a pharmacist would not be in attendance was published in advance in accordance with any requirements prescribed by the regulations; and\n\t(iii)\tthat during the period referred to in subparagraph (ii) the staff at the pharmacy had reasonable on‑call access to a pharmacist or a medical practitioner.\n\t(3)\tIn addition, it is a defence to an alleged breach of subsection (1) to prove that the pharmacist who would usually be available for the purposes of that subsection was absent due to an exceptional and unforeseen circumstance.\nemergency includes an event (whether occurring in the State, outside the State or in and outside the State) that causes, or threatens to cause—\n\t(a)\tthe death of, or injury or other damage to the health of, any person; or\n\t(b)\tthe destruction of, or damage to, any property; or\n\t(c)\ta disruption to essential services or to services usually enjoyed by the community; or\n\t(d)\tharm to the environment, or to flora or fauna;\nThis is not limited to naturally occurring events (such as earthquakes, floods or storms) but would, for example, include fires, explosions, accidents, epidemics, pandemics, emissions of poisons, radiation or other hazardous agents, hijacks, sieges, riots, acts of terrorism and hostilities directed by an enemy against Australia.\npharmacist means a person who holds a general registration under the Health Practitioner Regulation National Law to practise in the pharmacy profession.\n44—Certain other businesses not to be carried on at pharmacy\nA person must not, at a pharmacy, carry on a business consisting of or involving—\n\t(a)\tthe sale of alcohol or tobacco products; or\n\t(b)\tthe sale of animals; or\n\t(c)\tthe preparation of food or beverages for sale or consumption; or\n\t(d)\ta prescribed activity.\n45—Registration of premises as pharmacy depot\n\t(1)\tA person must not use premises outside Metropolitan Adelaide as a pharmacy depot unless the premises are registered as a pharmacy depot under this section.\n\t(2)\tIf, on application made to the Authority for the registration of premises as a pharmacy depot, the Authority is satisfied that—\n\t(a)\tthe premises comply with the regulations; and\n\t(b)\tthe premises comply with the requirements determined by the Minister to be necessary for the registration of premises as a pharmacy depot,\nthe Authority must register the premises.\n\t(3)\tRegistration under this section remains in force until 30 September next ensuing after the grant of registration and may from time to time be renewed for successive periods of 1 year expiring on 30 September.\n\t(4)\tThe Authority may refuse to renew the registration of premises as a pharmacy depot if not satisfied that the premises comply with the regulations or the requirements determined by the Authority to be necessary for the registration of the premises as a pharmacy depot.\n\t(5)\tAn application for registration or renewal of registration under this section must—\n\t(6)\tAn applicant for registration or renewal of registration must, if the Authority so requires, provide the Authority with specified information to enable the Authority to determine the application.\n46—Conditions\n\t(1)\tThe registration of a pharmacy or pharmacy depot under this Division will be subject to any condition—\n\t(a)\timposed by the Authority in relation to the registration; or\n\t(b)\tprescribed by the regulations.\n\t(2)\tThe Authority may, if the Authority considers it appropriate to do so, by notice in writing to the person holding the registration, vary a condition to which a registration is subject.\n\t(3)\tA person who holds a registration may, on application to the Authority in writing, request the variation of a condition to which the registration is subject and the Authority may, as the Authority thinks fit—\n\t(a)\tgrant the variation; or\n\t(b)\trefuse to grant the variation.\n\t(4)\tThe condition of a registration may be varied by the addition, substitution or deletion of 1 or more conditions.\n\t(5)\tA person must not contravene or fail to comply with a condition of a registration.\n\t(6)\tA condition of the registration of a pharmacy that is inconsistent with section 43(1a) will, to the extent of the inconsistency, be taken to be modified to give effect to that section.\n47—Notices\n\t(1)\tAn authorised officer may issue a notice under this section for the purpose of securing compliance with—\n\t(a)\ta condition of a registration under this Division; or\n\t(b)\ta requirement imposed in relation to registration under this Division.\n\t(2)\tA notice under this section—\n\t(a)\tmust be in the form of a written notice served on the person to whom it is issued; and\n\t(b)\tmust specify the person to whom it is issued (whether by name or by a description sufficient to identify the person); and\n\t(c)\tmust state the purpose for which the notice is issued and give notice of the condition or requirement to which it relates; and\n\t(d)\tmay impose any requirement reasonably required for the purpose for which the notice is issued including 1 or more of the following:\n\t(i)\ta requirement that the person discontinue a specified activity until further notice from an authorised officer or the General Manager;\n\t(ii)\ta requirement that the person not carry on a specified activity except subject to specified conditions;\n\t(iii)\ta requirement that the person comply with a specified requirement under this Act;\n\t(iv)\ta requirement that the person furnish to the General Manager specified reports; and\n\t(e)\tmust state that the person may, within 28 days, seek a review by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of the decision to issue the notice.\n\t(3)\tAn authorised officer may, by written notice served on a person to whom a notice under this section has been issued, vary or revoke the notice.\n\t(4)\tA person to whom a notice is issued under this section must not, without reasonable excuse, fail to comply with the notice.\nMaximum penalty: $10 000.\n\t(5)\tA person must not hinder or obstruct a person complying with a notice under this section.\nMaximum penalty: $10 000.\n\t(6)\tWithout limiting subsection (4), if a person to whom a notice is issued under this section fails to comply with the notice, the General Manager may, after due inquiry, suspend or cancel the registration of premises as a pharmacy or pharmacy depot (as the case may be) under this Division.\n48—Reviewable decisions\n\t(1)\tThe following are reviewable decisions for the purposes of this Division:\n\t(a)\ta refusal by the Authority to register, or renew the registration of, premises as a pharmacy or pharmacy depot under this Division;\n\t(b)\ta decision by an authorised officer to issue a notice under section 47;\n\t(c)\ta decision by the Authority to suspend or cancel the registration of premises as a pharmacy or pharmacy depot under this Division.\n\t(2)\tA person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a reviewable decision.\n\t(3)\tAn application for review must be made to the Tribunal within 28 days after the making of the relevant decision (or such longer period as the Tribunal may allow).\n","sortOrder":11},{"sectionNumber":"Div 4","sectionType":"division","heading":"Registration of pharmacy services providers","content":"Division 4—Registration of pharmacy services providers\n49—Registers\n\t(1)\tThe General Manager must keep the following registers on behalf of the Authority:\n\t(a)\ta register of pharmacy services providers;\n\t(b)\ta register of former pharmacy services providers—\n\t(i)\twhose registration has been cancelled by disciplinary action under the repealed Act or the Health Practitioner Regulation National Law (South Australia); or\n\t(ii)\twho have been prohibited from being a pharmacy services provider or from occupying a position of authority in a body corporate or trust by disciplinary action under the repealed Act or this Act,\n(and who have not been reinstated to the register under paragraph (a)).\n\t(2)\tThe register of pharmacy services providers must include, in relation to each person on the register—\n\t(a)\tthe full name and nominated contact address of the pharmacy services provider; and\n\t(b)\tin the case of a recognised corporate pharmacy services provider or recognised trustee pharmacy services provider—the full names and addresses of all persons who occupy a position of authority in the provider; and\n\t(c)\tinformation prescribed by the regulations,\n\t(3)\tThe register of former pharmacy services providers must include, in relation to each person on the register, information prescribed by the regulations and may include such other information as the Authority thinks fit.\n\t(4)\tThe General Manager is responsible to the Authority for the form and maintenance of the registers.\n\t(5)\tThe General Manager must correct an entry in a register that is not, or has ceased to be, correct.\n\t(6)\tThe registers must be kept available for inspection by any person during ordinary office hours at the principal office of the Authority and the registers or extracts from the registers may be made available to the public by electronic means.\n\t(7)\tA person may, on payment of the prescribed fee, obtain a copy of any part of a register under this section.\n50—Registration of pharmacy services providers\n\t(1)\tA person must not be a pharmacy services provider unless registered under this Division.\n\t(2)\tRegistration remains in force until 30 September next ensuing after the grant of registration and may from time to time be renewed for successive periods of 1 year expiring on 30 September.\n\t(3)\tAn application for registration or renewal of registration must—\n\t(4)\tA pharmacy services provider must, within 30 days of any change occurring in the particulars required to be given under this section in relation to registration, inform the General Manager in writing of the change.\n","sortOrder":12},{"sectionNumber":"Div 5","sectionType":"division","heading":"Restrictions relating to provision of pharmacy services","content":"Division 5—Restrictions relating to provision of pharmacy services\n51—Restrictions relating to provision of pharmacy services\n\t(1)\tA person must not provide a restricted pharmacy service unless—\n\t(a)\tin the case of a natural person—\n\t(i)\the or she is a qualified person and provides the service personally or through the instrumentality of a natural person who is a qualified person; or\n\t(ii)\the or she is a pharmacist who does not hold a current authorisation to practise and provides the service through the instrumentality of a natural person who is a qualified person;\n\t(b)\tin the case of a body corporate—\n\t(i)\tthe body corporate is a recognised corporate pharmacy services provider; and\n\t(ii)\tthe body corporate provides the service through the instrumentality of a natural person who is a qualified person;\n\t(c)\tin the case of a trust (however constituted)—\n\t(i)\tthe trust is a recognised trustee pharmacy services provider; and\n\t(ii)\tthe trust provides the service through the instrumentality of a natural person who is a qualified person.\nMaximum penalty: $50 000 or imprisonment for 6 months.\n\t(1a)\tA person must not own, or hold a proprietary interest in, a pharmacy business unless that person is—\n\t(a)\ta pharmacist; or\n\t(b)\ta prescribed relative of a pharmacist who holds a proprietary interest in the pharmacy business; or\n\t(c)\ta recognised corporate pharmacy services provider; or\n\t(d)\ta recognised trustee pharmacy services provider; or\n\t(e)\ta partner in a partnership that carries on the business and in which every partner is either—\n\t(i)\ta pharmacist; or\n\t(ii)\ta prescribed relative of a partner who is a pharmacist; or\n\t(iii)\ta recognised corporate pharmacy services provider; or\n\t(iv)\ta recognised trustee pharmacy services provider.\nMaximum penalty: $50 000 or imprisonment for 6 months.\n\t(2)\tSubsections (1) and (1a) do not apply in relation to—\n\t(a)\ta restricted pharmacy service provided by a natural person who is an unqualified person if—\n\t(i)\tthe person carried on a pharmacy business before 20 April 1972 and has continued to do so since that date; and\n\t(b)\ta restricted pharmacy service provided by the personal representative of a deceased pharmacist or person referred to in paragraph (a) if—\n\t(c)\ta restricted pharmacy service provided by the official receiver of a bankrupt or insolvent pharmacist if—\n\t(d)\ta restricted pharmacy service provided by a person vested by law with power to administer the affairs of a recognised corporate pharmacy services provider that is being wound up or is under administration, receivership or official management if—\n\t(ii)\tthe service is provided through the instrumentality of a natural person who is a qualified person.\n\t(3)\tSubsection (1) does not apply in relation to a restricted pharmacy service provided by—\n\t(a)\tan unqualified person in prescribed circumstances; or\n\t(b)\ta person pursuant to an exemption under subsection (4).\n\t(4)\tThe Minister may, by notice in the Gazette, exempt a person from subsection (1) if of the opinion that good reason exists for doing so in the particular circumstances of the case.\n\t(5)\tAn exemption under subsection (4) may be subject to such conditions as the Minister thinks fit and specifies in the notice.\n\t(6)\tA person who contravenes, or fails to comply with, a condition of an exemption under this section is guilty of an offence.\n\t(7)\tThe Minister may, by further notice in the Gazette, vary or revoke a notice under subsection (4).\n\t(8)\tIn this section—\nqualified person, in relation to a restricted pharmacy service, means—\n\t(a)\ta person who holds a general registration under the Health Practitioner Regulation National Law to practise in the pharmacy profession; or\n\t(b)\ta person authorised by or under another Act to provide such a service.\n","sortOrder":13},{"sectionNumber":"Div 6","sectionType":"division","heading":"Disciplinary proceedings","content":"Division 6—Disciplinary proceedings\n52—Preliminary\n\t(1)\tIn this Division—\n\t(a)\ta reference to occupier of a position of authority includes a reference to a person who is not but who was, at the relevant time, the occupier of a position of authority;\n\t(b)\ta reference to pharmacy services provider includes a reference to a person who is not but who was, at the relevant time, a pharmacy services provider.\n\t(2)\tThe Authority and the National Agency or a National Board, or all 3 entities, may agree on protocols that relate to—\n\t(a)\tthe handling of disciplinary proceedings under this Act and the handling of disciplinary proceedings under the Health Practitioner Regulation National Law;\n\t(b)\tthe handling of disciplinary proceedings under this Act that relate to matters that are (or may be) relevant to criminal proceedings under the Health Practitioner Regulation National Law.\n\t(3)\tWithout limiting subsection (2), the Authority may decide not to proceed (or not to proceed further) with proceedings under this Act on account of proceedings under the Health Practitioner Regulation National Law.\n53—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against a pharmacy services provider if—\n\t(a)\tthe provider has contravened or failed to comply with a provision of this Act; or\n\t(b)\tthere has been, in connection with the provision of pharmacy services in which the provider has an interest, a contravention or failure to comply with a code of conduct under this Act applying to the provider; or\n\t(c)\tthe provider or any person employed or engaged by the provider has, in connection with the provision of pharmacy services, engaged in conduct that would, if the person were a pharmacist, constitute unprofessional conduct; or\n\t(d)\tthe provider is for any reason not a fit and proper person to be a pharmacy services provider; or\n\t(e)\tin the case of a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider, an occupier of a position of authority in the provider—\n\t(i)\thas contravened or failed to comply with a provision of this Act; or\n\t(ii)\thas, in connection with the provision of pharmacy services by the provider, engaged in conduct that would, if the person were a pharmacist, constitute unprofessional conduct; or\n\t(iii)\tis for any reason not a fit and proper person to occupy a position of authority in the provider.\n\t(2)\tThere is proper cause for disciplinary action against the occupier of a position of authority in a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider if—\n\t(a)\tthe person has contravened or failed to comply with a provision of this Act; or\n\t(b)\tthe person has, in connection with the provision of pharmacy services by the provider, engaged in conduct that would, if the person were a pharmacist, constitute unprofessional conduct; or\n\t(c)\tthe person is for any reason not a fit and proper person to occupy a position of authority in the provider; or\n\t(d)\t—\n\t(i)\tthe provider has contravened or failed to comply with a provision of this Act; or\n\t(ii)\tthere has been, in connection with the provision of pharmacy services by the provider, a contravention or failure to comply with a code of conduct under this Act applying to the provider; or\n\t(iii)\tthe provider, or any person employed or engaged by the provider, has, in connection with the provision of pharmacy services by the provider, engaged in conduct that would, if the provider or the person were a pharmacist, constitute unprofessional conduct,\nunless it is proved that the person could not, by the exercise of reasonable care, have prevented the contravention, failure to comply or conduct.\n54—Inquiries as to matters constituting grounds for disciplinary action\n\t(1)\tA complaint setting out matters that are alleged to constitute grounds for disciplinary action against a person may be laid before the Authority (in a manner and form approved by the Authority) by—\n\t(a)\tthe General Manager; or\n\t(b)\tthe Minister; or\n\t(c)\ta representative body; or\n\t(d)\ta person who is aggrieved by conduct of the person or, if the person aggrieved is a child or is suffering from a mental or physical incapacity, by a person acting on his or her behalf.\n\t(2)\tIf a complaint is laid under this section, the Authority must inquire into the subject matter of the complaint unless—\n\t(a)\tthe Authority considers that the matter should be dealt with under the Health Practitioner Regulation National Law (South Australia); or\n\t(b)\tthe Authority considers that the complaint is frivolous or vexatious.\n\t(3)\tIf a complaint has been laid under this section by or on behalf of an aggrieved person and the Authority is satisfied that the complaint arose from a misapprehension on the part of the complainant or from a misunderstanding between the parties, it may, before proceeding further with the hearing of the complaint, require the parties to attend before the General Manager in order to clarify the misapprehension or misunderstanding.\n\t(4)\tIf, after conducting an inquiry under this section, the Authority is satisfied on the balance of probabilities that there is proper cause for disciplinary action against the respondent, the Authority may, by order, do 1 or more of the following:\n\t(a)\tcensure the respondent;\n\t(b)\trequire the respondent to pay to the Authority a fine not exceeding $10 000;\n\t(c)\tprohibit the respondent from being a pharmacy services provider;\n\t(d)\tprohibit the respondent from occupying a position of authority in a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider.\n\t(5)\tThe Authority may—\n\t(a)\tstipulate that a prohibition under subsection (4) is to apply—\n\t(i)\tpermanently; or\n\t(ii)\tfor a specified period; or\n\t(iii)\tuntil the fulfilment of specified conditions; or\n\t(iv)\tuntil further order;\n\t(b)\tstipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person's business until that time.\n\t(6)\tIf—\n\t(a)\ta person has been found guilty of an offence; and\n\t(b)\tthe circumstances of the offence form, in whole or in part, the subject matter of the complaint,\nthe person is not liable to a fine under this section in respect of conduct giving rise to the offence.\n\t(7)\tThe Authority may—\n\t(a)\tfix a period within which a fine imposed under this section must be paid;\n\t(b)\ton application by a person liable to pay a fine imposed under this section, extend the period within which the fine must be paid.\n\t(8)\tA fine imposed under this section is recoverable by the Authority as a debt.\n\t(9)\tIf the Authority makes an order under subsection (4)(c) in relation to a pharmacist registered under the Health Practitioner Regulation National Law, the General Manager must give written notice of the order to the National Board established for pharmacy.\n55—Contravention of prohibition order\n\t(1)\tIf a person carries on business as a pharmacy services provider in contravention of an order of the Authority, the person is guilty of an offence.\n\t(2)\tIf a person occupies a position of authority in a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider in contravention of an order of the Authority, the person and the provider are each guilty of an offence.\n\t(3)\tIf a person contravenes or fails to comply with a condition imposed by the Authority as to the conduct of the person or the person's business, the person is guilty of an offence.\n56—Constitution of Authority for purpose of proceedings\n\t(1)\tThe Authority will, for the purpose of hearing and determining proceedings under this Division, be constituted of 3 members, of whom—\n\t(a)\t1 will be a legal practitioner appointed by the Minister for the purpose of constituting the Authority under this Division; and\n\t(b)\t1 will be a member who is a pharmacist.\n\t(2)\tAn appointment under subsection (1)(a) will be on terms and conditions determined by the Minister.\n\t(3)\tThe member referred to in subsection (1)(a) will preside over the proceedings.\n\t(4)\tThe members of the Authority, other than the legal practitioner, will, for the purposes of any particular proceedings, be selected by the presiding member of the Authority or, in the absence of the presiding member, the deputy presiding member.\n\t(5)\tIf a member of the Authority as constituted under this section (other than the member presiding over the proceedings) dies or is for any other reason unable to continue with the proceedings, the Authority constituted of the remaining members may, if the member presiding over the proceedings so determines, continue and complete the proceedings.\n\t(6)\tAny questions of law or procedure arising before the Authority will be determined by the member presiding over the proceedings and any other questions by unanimous or majority decision of the members.\n\t(7)\tThe Authority constituted of the member presiding over the proceedings may, sitting alone—\n\t(a)\tdeal with—\n\t(i)\tpreliminary, interlocutory or procedural matters; or\n\t(ii)\tquestions of costs; or\n\t(iii)\tquestions of law; or\n\t(b)\tenter consent orders; or\n\t(c)\tperform any other function or exercise any other power of a prescribed kind,\nand may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the member considers appropriate.\n57—Provisions as to proceedings before Authority\n\t(1)\tSubject to this Act, the Authority must give to all of the parties to proceedings before the Authority under this Division at least 14 days written notice of the time and place at which it intends to conduct the proceedings, and must afford to the parties a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses, and to make submissions to the Authority.\n\t(2)\tHowever—\n\t(a)\tthe Authority may, if it thinks special reasons exist for doing so, give a lesser period of written notice under subsection (1); and\n\t(b)\tthe Authority may, if of the opinion that it is desirable to do so in the public interest—\n\t(i)\tsuspend the registration of the person the subject of the proceedings; or\n\t(ii)\timpose conditions on the person's registration restricting the person's right to provide pharmacy services,\npending hearing and determination of the proceedings.\n\t(3)\tThe requirement to give written notice under subsection (1) does not extend to adjournments.\n\t(4)\tIf a party to whom notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the Authority may proceed to hear and determine the matter in the absence of that party.\n\t(5)\tA person who is aggrieved by conduct that is the subject-matter of proceedings before the Authority under this Division is, subject to any direction of the Authority to the contrary, entitled to be present at the hearing of the proceedings.\n\t(6)\tIn the course of proceedings before the Authority under this Division, the Authority may—\n\t(a)\treceive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or a Territory of Australia, of the Commonwealth or of another country, and draw any conclusions of fact from the evidence that it considers proper;\n\t(b)\tadopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings.\n\t(7)\tThe Authority should conduct proceedings under this Division as expeditiously as possible.\n\t(8)\tIf the Authority takes action under subsection (2)(b) in relation to a pharmacist registered under the Health Practitioner Regulation National Law, the General Manager must give written notice of the action that has been taken to the National Board established for pharmacy.\n58—Powers of Authority in relation to witnesses etc\n\t(1)\tFor the purposes of proceedings before the Authority under this Division, the Authority may—\n\t(a)\tby summons signed on behalf of the Authority by a member of the Authority or the General Manager, require the attendance before the Authority of a person whom the Authority thinks fit to call before it; or\n\t(b)\tby summons signed on behalf of the Authority by a member of the Authority or the General Manager, require the production of relevant documents, records or equipment and, in the case of a document or record that is not in the English language—\n\t(i)\ta written translation of the document or record into English; and\n\t(ii)\ta certificate signed by a translator approved by the Authority certifying that the translation accurately reproduces in English the contents of the document or record; or\n\t(c)\tinspect documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or\n\t(d)\trequire a person to make an oath or affirmation (which may be administered by a member of the Authority) to answer truthfully questions put by a member of the Authority or a person appearing before the Authority; or\n\t(e)\trequire a person appearing before the Authority (whether summoned to appear or not) to answer questions put by a member of the Authority or by a person appearing before the Authority.\n\t(2)\tOn the receipt of an application for the issue of a summons under this section, a member or the General Manager may, without referring the matter to the Authority, issue a summons on behalf of the Authority.\n\t(3)\tA person who—\n\t(a)\tfails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Authority; or\n\t(b)\thaving been served with a summons to produce—\n\t(i)\ta written translation of the document or record into English; and\n\t(ii)\ta certificate signed by a translator approved by the Authority certifying that the translation accurately reproduces in English the contents of the document or record,\nfails, without reasonable excuse, to comply with the summons; or\n\t(c)\tmisbehaves before the Authority, wilfully insults the Authority or 1 or more of the members in the exercise of the member's official duties, or wilfully interrupts the proceedings of the Authority; or\n\t(d)\trefuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Authority,\nMaximum penalty: $10 000 or imprisonment for 6 months.\n\t(4)\tA person who appears as a witness before the Authority has the same protection as a witness in proceedings before the Supreme Court.\n59—Principles governing proceedings\n\t(1)\tIn proceedings before the Authority under this Division, the Authority—\n\t(a)\tis not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and\n\t(b)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n\t(2)\tIn proceedings before the Authority, the Authority must keep the parties to the proceedings properly informed as to the progress and outcome of the proceedings.\n60—Representation at proceedings before Authority\nA party to proceedings before the Authority is entitled to be represented at the hearing of those proceedings.\n61—Costs\n\t(1)\tThe Authority may award such costs against a party to proceedings before it as the Authority considers just and reasonable.\n\t(2)\tA party who is dissatisfied with the amount of the costs awarded by the Authority may request a Master of the District Court to tax the costs and, after taxing the costs, the Master may confirm or vary the amount of the costs awarded by the Authority.\n\t(3)\tCosts awarded by the Authority under this section may be recovered as a debt.\n62—Review by Tribunal\n\t(1)\tA right of review lies from a decision of the Authority in proceedings under this Division to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tAn application for review under subsection (1) of a decision—\n\t(a)\tmay be made by the complainant or the respondent in the proceedings in which the decision was made; and\n\t(b)\tmust be instituted within 1 month of the date of the decision (or such longer period as the Tribunal may allow).\n63—Operation of order may be suspended\n\t(1)\tIf an order has been made by the Authority, and the Authority or the Tribunal is satisfied that an application for review of the decision has been made, or is intended, the Authority or the Tribunal (as the case requires) may suspend the operation of the order until the determination of the review.\n\t(2)\tIf the Authority has suspended the operation of an order under subsection (1), the Authority may terminate the suspension, and if the Tribunal has done so, the Tribunal may terminate the suspension.\n63A—Variation or revocation of conditions imposed by Tribunal\n\t(1)\tSubject to subsection (2), if the Tribunal imposed a condition on a practitioner's registration under the Health Practitioner Regulation National Law (South Australia), the Tribunal may, on application by a party to those proceedings, vary or revoke the condition.\n\t(2)\tAn application by a party under subsection (1) may not be made—\n\t(a)\twithin 1 month of the imposition of the condition; or\n\t(b)\twithin 12 months of a previous application under subsection (1) by the party to vary or revoke a condition,\nunless leave is granted by the Tribunal.\n\t(3)\tA National Board, a panel or the Minister are entitled to appear and be heard on an application under this section.\n","sortOrder":14},{"sectionNumber":"Div 7","sectionType":"division","heading":"Related provisions","content":"Division 7—Related provisions\n64—Authorised officers\n\t(1)\tThe Minister may, on the recommendation of the Authority, appoint a suitably qualified person to be an authorised officer for the purposes of this Part.\n\t(2)\tAn appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit.\n\t(3)\tAn authorised officer (other than the General Manager if appointed as an authorised officer) is subject to direction by the General Manager.\n\t(4)\tThe Minister may vary or revoke an appointment at any time.\n\t(5)\tAn authorised officer may investigate any matter relevant to the operation, administration or enforcement of this Part.\n\t(6)\tFor the purposes of an investigation, an authorised officer may—\n\t(a)\tat any reasonable time, enter and inspect registered premises or premises on which the authorised officer reasonably suspects an offence against this Part has been or is being committed; or\n\t(b)\twith the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a); or\n\t(c)\twhile on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the authorised officer reasonably believes may afford evidence relevant to the matters under investigation; or\n\t(d)\trequire any person who has possession of documents or records relevant to the matters under investigation to produce those documents or records for inspection, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; or\n\t(e)\tinspect any documents or records produced to the authorised officer and retain them for such reasonable period as the authorised officer thinks fit, and make copies of the documents or records; or\n\t(f)\trequire any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the authorised officer in relation to those matters; or\n\t(g)\ttake photographs, films or video or audio recordings; or\n\t(h)\tif the authorised officer reasonably suspects that an offence against this Part has been or is being committed, require the suspected offender to state his or her full name and address.\n\t(7)\tAn authorised officer must not exercise the power conferred by subsection (6)(a) in relation to any residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate.\n\t(8)\tA magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.\n\t(9)\tThe person in charge of premises at the relevant time must give an authorised officer such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised.\n\t(10)\tA person who—\n\t(a)\thinders or obstructs an authorised officer in the exercise of powers conferred by this section; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer; or\n\t(c)\trefuses or fails to comply with a requirement of an authorised officer under this section; or\n\t(d)\twhen required by an authorised officer to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\n\t(11)\tIf a person is required to provide information or to produce a document, record or equipment under this section and the information, document, record or equipment would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, record or equipment, but the information, document, record or equipment so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than an offence against this or any other Act relating to the provision of false or misleading information.\n65—False or misleading statement\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Part.\nMaximum penalty: $20 000.\n66—Disclosure of information\n\t(1)\tThe Authority may disclose any information obtained by the Authority while acting under this Part to the National Agency or to a National Board if the disclosure is reasonably required in connection with any aspect of the administration or operation of the Health Practitioner Regulation National Law (including any disciplinary or criminal proceedings under that Law).\n\t(2)\tThe Authority may act under subsection (1) even if the information was obtained by the Authority in confidence.\n67—Use of word \"pharmacy\"\nA person must not, in the course of carrying on a business, use the word \"pharmacy\" to describe premises that are not registered as a pharmacy or pharmacy depot under this Part.\n68—Providers of pharmacy services to be indemnified against loss\n\t(1)\tA person must not, unless exempt by the Authority, provide pharmacy services unless insured or indemnified in a manner and to the extent approved by the Authority against civil liabilities that might be incurred by the person in connection with the provision of pharmacy services.\n\t(1a)\tA person who holds a proprietary interest in a pharmacy business under section 26(2) will be taken to provide pharmacy services under subsection (1).\n\t(2)\tThe Authority may, subject to such conditions as it thinks fit, exempt a person, or a class of persons, from the requirements of this section and may, whenever it thinks fit, revoke an exemption or revoke or vary the conditions under which an exemption operates.\n69—Information relating to claims\nIf a person has claimed damages or other compensation from a person for alleged negligence committed by the person in connection with the provision of pharmacy services, the person must—\n\t(a)\twithin 30 days after the claim is made; and\n\t(b)\twithin 30 days after any order is made by a court to pay damages or other compensation in respect of that claim or any agreement has been entered into for payment of a sum of money in settlement of that claim (whether with or without a denial of liability),\nprovide the Authority with prescribed information relating to the claim.\n70—Punishment of conduct that constitutes an offence\nIf conduct constitutes an offence and is also a ground for disciplinary action under this Part, the taking of disciplinary action under this Part is not a bar to conviction and punishment for the offence, nor is conviction and punishment for the offence a bar to disciplinary action under this Part.\n71—Evidentiary provision\nIn proceedings for an offence against this Part, an allegation in a complaint—\n\t(a)\tthat premises specified in the complaint are or are not, or were or were not, on a specified date, registered on the register of pharmacies or the register of pharmacy depots;\n\t(b)\tthat a person named in the complaint is, or was on a specified date, a pharmacy services provider;\n\t(c)\tthat the person named in the complaint is, or was on a specified date, occupying a position of authority in a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider,\nmust be accepted as proved in the absence of proof to the contrary.\n72—Vicarious liability for offences\n\t(1)\tIf a body corporate is guilty of a prescribed offence, each person occupying a position of authority in the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by an individual unless the person occupying the position of authority proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tIf a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each person occupying a position of authority in the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe person knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe person was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe person failed to exercise due diligence to prevent the commission of the offence.\n\t(3)\tSubsection (2) does not apply if the principal offence is an offence against section 42, 44, 45, 47, 50(4), 58, 64, 65 or 69.\n\t(4)\tThe regulations may make provision in relation to the criminal liability of a person occupying a position of authority in a body corporate that is guilty of an offence against the regulations.\nprescribed offence means an offence against section 50(1), 51, 55 or 67.\n","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Optometry practice","content":"Part 5—Optometry practice\n73—Interpretation\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\noptical appliance means—\n\t(a)\tany appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or\n\t(b)\tcontact lenses, whether or not designed to correct, remedy or relieve any refractive abnormality or defect of sight;\noptometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student);\northoptist means a person whose name is recorded in the Register of Orthoptists kept by the Australian Orthoptists Registration Body Pty Ltd (ACN 095 11 7 678).\n74—Unauthorised dispensing of optical appliances\n\t(1)\tSubject to subsection (2), a person must not sell an optical appliance by retail unless the appliance has been prescribed for the purchaser by an optometrist or orthoptist or a medical practitioner.\nMaximum penalty: $30 000.\n\t(2)\tSubsection (1) does not apply to the sale of glasses if—\n\t(a)\tthe glasses are designed only to alleviate the effects of presbyopia; and\n\t(b)\tthe glasses comprise 2 lenses of the same power, being a power of +1 dioptre or more but not exceeding +3 dioptres; and\n\t(c)\tthe glasses are manufactured to the prescribed standard; and\n\t(d)\ta prescribed warning is attached to the glasses in the prescribed manner at the time of sale.\n75—Dispensing expired prescription\n\t(1)\tA person must not dispense an optical appliance pursuant to an expired prescription.\nMaximum penalty: $15 000.\n\t(2)\tFor the purposes of subsection (1)—\n\t(a)\ta prescription for contact lenses expires—\n\t(i)\tunless subparagraph (ii) expires—18 months after the date on which it is written;\n\t(ii)\tif the person who issues the prescription indicates a shorter period—at the end of that shorter period;\n\t(b)\ta prescription for an optical appliance other than a contact lens expires—\n\t(i)\tunless subparagraph (ii) applies—3 years after the date on which it is written;\n\t(ii)\tif the person who issues the prescription indicates a shorter period—at the end of that shorter period.\n76—Failure to give free prescription on request\n\t(1)\tSubject to subsection (2), an optometrist or orthoptist or a medical practitioner who prescribes an optical appliance for a person must give the person a free copy of the prescription on request.\n\t(2)\tIn the case of a contact lens, an obligation under subsection (1) does not arise until after the relevant person has finished prescribing and fitting the lens.\n\t(3)\tA person who dispenses an optical appliance for a person on and in accordance with the prescription of an optometrist, orthoptist or medical practitioner must give the person a free copy of the prescription on request.\n\t(4)\tA prescription provided under subsection (1) or (3) must contain all information required to fabricate accurately the relevant optical appliance, as specified by the Optometry Board of Australia from time to time.\n77—Authorised officers\n\t(1)\tThe Minister may appoint a suitably qualified person to be an authorised officer for the purposes of this Part.\n\t(2)\tAn appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit.\n\t(3)\tAn authorised officer is subject to direction by the Chief Executive.\n\t(4)\tThe Minister may vary or revoke an appointment at any time.\n\t(5)\tAn authorised officer may investigate any matter relevant to the operation, administration or enforcement of this Part.\n\t(6)\tFor the purposes of an investigation, an authorised officer may—\n\t(a)\tat any reasonable time, enter and inspect premises on which the authorised officer reasonably suspects an offence against this Part has been or is being committed; or\n\t(b)\twith the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a); or\n\t(c)\twhile on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the authorised officer reasonably believes may afford evidence relevant to the matters under investigation; or\n\t(d)\trequire any person who has possession of documents or records relevant to the matters under investigation to produce those documents or records for inspection, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; or\n\t(e)\tinspect any documents or records produced to the authorised officer and retain them for such reasonable period as the authorised officer thinks fit, and make copies of the documents or records; or\n\t(f)\trequire any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the authorised officer in relation to those matters; or\n\t(g)\ttake photographs, films or video or audio recordings; or\n\t(h)\tif the authorised officer reasonably suspects that an offence against this Part has been or is being committed, require the suspected offender to state his or her full name and address.\n\t(7)\tAn authorised officer must not exercise the power conferred by subsection (6)(a) in relation to any residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate.\n\t(8)\tA magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.\n\t(9)\tThe person in charge of premises at the relevant time must give an authorised officer such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised.\n\t(10)\tA person who—\n\t(a)\thinders or obstructs an authorised officer in the exercise of powers conferred by this section; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised officer; or\n\t(c)\trefuses or fails to comply with a requirement of an authorised officer under this section; or\n\t(d)\twhen required by an authorised officer to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\n\t(11)\tIf a person is required to provide information or to produce a document, record or equipment under this section and the information, document, record or equipment would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, record or equipment, but the information, document, record or equipment so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than an offence against this or any other Act relating to the provision of false or misleading information.\n","sortOrder":16},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Restrictions on single person attendances in remote areas","content":"Part 5A—Restrictions on single person attendances in remote areas\n77A—Interpretation\n\t(1)\tIn this Part—\ncallout to which Division 2 applies—see section 77C(2);\nhealth practitioner means—\n\t(a)\ta health practitioner within the meaning of the Health Practitioner Regulation National Law (South Australia); and\n\t(b)\tany other person declared by the regulations to be included in the ambit of this definition for the purposes of this Act;\nhealth service means—\n\t(a)\ta health service within the meaning of the Health Practitioner Regulation National Law (South Australia); and\n\t(b)\tany other service or activity declared by the regulations to be included in the ambit of this definition for the purposes of this Act;\nout of hours callout means a request for the attendance of a health practitioner at a specified place made by or on behalf of a person where—\n\t(a)\tthe attendance occurs, or is to occur—\n\t(i)\tbetween the hours of 5 pm on one day and 8 am on the next day; or\n\t(ii)\ton a Saturday or Sunday; or\n\t(iii)\ton a public holiday; and\n\t(b)\tthe place at which a health practitioner is to attend pursuant to the request is in a remote area,\nbut does not include a request of a kind declared by the regulations not to be included in the ambit of this definition;\nremote area—see subsection (2);\nsecond responder means a person engaged as a second responder in accordance with section 77D;\nState authority means—\n\t(a)\ta public sector agency; or\nThis includes, for example, entities such as incorporated hospitals under the Health Care Act 2008.\n\t(b)\ta local council constituted under the Local Government Act 1999; or\n\t(c)\tany other person or body declared by the regulations to be a State authority for the purposes of this Part,\nbut does not include a person or body declared by the regulations to be excluded from the ambit of this definition;\nunscheduled callout means a request for the attendance of a health practitioner made by or on behalf of a person where—\n\t(a)\tthe attendance is, or is requested, to occur within 24 hours of the making of the request; and\n\t(b)\tthe place at which a health practitioner is to attend pursuant to the request is in a remote area,\nbut does not include a request for attendance of a kind declared by the regulations not to be included in the ambit of this definition.\n\t(2)\tFor the purposes of this Part, a reference to a remote area will be taken to be a reference to the following areas of the State:\n\t(a)\tthe lands within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981;\n\t(b)\tthe lands within the meaning of the Maralinga Tjarutja Land Rights Act 1984;\n\t(c)\tan area outside of a council area under the Local Government Act 1999;\n\t(d)\tany other area declared by the regulations to be included in the ambit of this definition,\nbut does not include an area declared by the regulations to be excluded from the ambit of this definition.\n\t(3)\tFor the purposes of this Part, a reference to attending a callout will be taken to be a reference to attending a specified place in response to a callout to which Division 2 applies.\n77B—Interaction with other Acts\nThis Part is in addition to, and does not derogate from, the provisions of any other Act or law.\nDivision 2—Restrictions on single person attendances in remote areas\n77C—Application of Division\n\t(1)\tThis Division applies to the following health practitioners:\n\t(a)\ta health practitioner employed by a State authority;\n\t(b)\ta health practitioner who provides health services for, or on behalf of, a State authority pursuant to a contract for services or other agreement;\n\t(c)\ta health practitioner who provides health services in a remote area (being health services that are wholly or partly funded under a law of the State);\n\t(d)\ta health practitioner, or health practitioner of a class, prescribed by the regulations for the purposes of this subsection,\nbut does not apply to a health practitioner, or health practitioner of a class, declared by the regulations not to be included in the ambit of this subsection.\n\t(2)\tThis Division applies to callouts of the following kinds:\n\t(a)\tout of hours callouts;\n\t(b)\tunscheduled callouts;\n\t(c)\tany other callout of a class prescribed by the regulations for the purposes of this subsection.\n77D—Second responders\n\t(1)\tA health practitioner engages a second responder by taking such action as may be required by the regulations.\n\t(2)\tBefore engaging a second responder, a health practitioner must be satisfied on reasonable grounds that the second responder satisfies any requirements set out in the regulations for the purposes of this subsection.\n\t(3)\tA person will be taken to be a second responder in respect of a particular callout—\n\t(a)\tfrom the time that the person is engaged to act as second responder in respect of the callout; and\n\t(b)\tuntil the time that the callout is completed,\n(both determined in accordance with the regulations).\n\t(4)\tThe regulations may make further provision in relation to second responders.\n\t(5)\tWithout limiting the generality of subsection (4), the regulations may—\n\t(a)\tprohibit a specified person, or a person of a specified class, from being engaged as a second responder;\n\t(b)\tlimit the circumstances in which a specified person, or a person of a specified class, may be engaged as a second responder;\n\t(c)\tprovide for, or limit, entitlements accrued by, and the terms and conditions of engagement of, second responders;\n\t(d)\tlimit the civil liability of second responders;\n\t(e)\tmodify the operation of a specified Act or law as it applies to second responders.\n77E—Health practitioner to be accompanied by second responder\n\t(1)\tSubject to this section, a health practitioner to whom this Division applies must not attend a callout to which this Division applies unless the health practitioner is accompanied by a second responder.\n\t(2)\tA second responder need not accompany a health practitioner attending a callout to which this Division applies during the journey to the place at which health services are to be provided in relation to the callout.\n\t(3)\tSubsection (1) does not apply—\n\t(a)\tif the place at which health services are to be provided in relation to the callout is prescribed premises; or\n\t(b)\tin any other circumstances prescribed by the regulations for the purposes of this subsection.\n\t(4)\tFor the purposes of subsection (1), a second responder accompanies a health practitioner attending a callout—\n\t(a)\tby being physically present with the health practitioner at any time the health practitioner is in the proximity of the person to whom health services are to be, are being, or have been, provided in relation to the callout; or\n\t(b)\tby taking action of a kind prescribed by the regulations for the purposes of this paragraph.\n\t(5)\tFor the purposes of this section, a second responder will be taken to be accompanying a health practitioner during the provision of health services to a person despite not being physically present with the health practitioner if—\n\t(a)\tthe health practitioner is of the opinion that, having regard to the nature of the health services and the privacy of the patient, it is not appropriate for the second responder to be physically present during the provision of the health services; and\n\t(b)\tthe second responder remains in the same premises as, and within the hearing of, the health practitioner during the provision of the health services.\n77F—Limitation of liability\n\t(1)\tDespite any other Act or law, no liability attaches to the Crown for any loss or damage arising out of the operation of this Part.\n\t(2)\tA health practitioner or other person who complies with the requirements of this Part (including, to avoid doubt, a health practitioner who refuses to attend a callout to which Division 2 applies in the absence of a second responder)—\n\t(a)\tcannot, by virtue of doing so, be held to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and\n\t(b)\tto the extent that the health practitioner or person has acted in good faith and without negligence, incurs no civil liability in respect of such compliance (including, to avoid doubt, liability arising under disciplinary or similar proceedings).\n\t(3)\tFor the purposes of section 74 of the Public Sector Act 2009, a second responder, in relation to their role as a second responder—\n\t(a)\twill be taken to be a person to whom that section applies; and\n\t(b)\twill be taken to be exercising official powers or functions.\nDivision 3—Providers of health services in remote areas to have policies and procedures to ensure safety and security of health practitioners\n77G—Application of Division\nThis Division applies to the following persons and bodies:\n\t(a)\ta State authority who provides or may provide health services in a remote area, or on whose behalf such health services are provided;\n\t(b)\ta person or body who provides, or is to provide, health services in a remote area for, or on behalf of, a State authority pursuant to a contract for services or other agreement;\n\t(c)\ta person or body who provides, or is to provide, health services in a remote area that are wholly or partly funded under a law of the State;\n\t(d)\tany other person or body, or person or body of a class, prescribed by the regulations for the purposes of this section,\nbut does not apply to a person or body, or person or body of a class, declared by the regulations not to be included in the ambit of this section.\n77H—Providers of health services in remote areas to prepare or adopt policies and procedures for the safety and security of health practitioners\n\t(1)\tEach person or body to whom this Division applies must, in accordance with any requirements set out in the regulations, prepare or adopt policies and procedures designed to ensure the safety and security of health practitioners providing health services in remote areas for or on behalf of the person or body.\n\t(2)\tWithout limiting the matters that may be included in the policies and procedures required under this section, those policies and procedures must contain—\n\t(a)\ta provision expressly preventing any person from directing or requiring (however described) a health practitioner to whom Division 2 applies to attend a callout in contravention of section 77E(1); and\n\t(b)\tprovisions ensuring the compliance of the person or body to whom this Division applies, and any person employed by or on behalf of the person or body, with the requirements of Division 2; and\n\t(c)\tany other provision, or provision of a kind, required by the regulations.\n\t(3)\tA person or body to whom this Division applies may, in accordance with any requirements set out in the regulations, from time to time vary or substitute a policy or procedure required under this section.\n\t(4)\tA person or body to whom this Division applies must, if required to do so by the Minister, provide to the Minister a copy of each policy and procedure prepared or adopted under this section, as in force from time to time.\n77I—Policies and procedures to be reviewed\nA person or body to whom this Division applies must, in accordance with any requirement set out in the regulations, review the policies and procedures prepared or adopted by the person or body under section 77H at least once in every 5 year period.\n77J—State authorities not to contract etc with non-compliant providers\n\t(1)\tDespite any other Act or law, a State authority must not enter a contract or agreement (however described) relating to the provision of health services in remote areas unless—\n\t(a)\tthe provider of those services has complied with this Division; and\n\t(b)\tthe contract or agreement contains provisions ensuring that the provision of health services pursuant to the contract or agreement will comply with any requirements under Division 2.\n\t(2)\tWithout limiting subsection (1), a term of a contract or agreement that is inconsistent with this section is, to the extent of the inconsistency, void and of no effect.\n77K—Power of Minister on refusal etc to comply with Division\n\t(1)\tIf a State authority refuses or fails to comply with a requirement under this Division, the Minister may, after consultation with the State authority—\n\t(a)\treport the refusal or failure to the Minister responsible for the State authority (if any); and\n\t(b)\tdirect the State authority to comply with the requirement.\n\t(2)\tIf after directing a State authority to comply with a requirement the Minister is not satisfied that the State authority has done so, the Minister must prepare a report to Parliament setting out—\n\t(a)\tthe fact of the State authority's refusal or failure to comply with the requirement; and\n\t(b)\tthe reasons (if any) given by the State authority for the refusal or failure to comply with the requirement; and\n\t(c)\tany other information required by the regulations.\n\t(3)\tThe Minister must, within 6 sitting days after completing a report under subsection (2), cause a copy of the report to be laid before both Houses of Parliament.\nDivision 4—Miscellaneous\n77L—Exemption\n\t(1)\tThe Minister may, by notice in writing, exempt a specified person, or a specified class of persons, from the operation of a provision or provisions of this Part.\n\t(2)\tAn exemption may be conditional or unconditional.\n\t(3)\tThe Minister may, by notice in writing, vary or revoke an exemption for any reason the Minister thinks fit.\n77M—Review of Part\n\t(1)\tThe Minister must cause a review of the operation of this Part to be conducted and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe review and the report must be completed after the second, but before the third, anniversary of the commencement of this Part.\n\t(3)\tThe Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n","sortOrder":17},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6—Miscellaneous\n78—Delegations\n\t(1)\tThe Minister may delegate a function or power conferred on the Minister under this Act—\n\t(2)\tThe Chief Executive may delegate a function or power conferred on the Chief Executive under this Act—\n\t(3)\tA delegation—\n\t(a)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(b)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(c)\tis revocable at will and does not prevent the delegator from acting personally in a matter.\n79—Commissioner of Police may give criminal history information\n\t(1)\tThe Commissioner of Police may give criminal history information to—\n\t(a)\ta National Board; or\n\t(b)\tthe ACC, or a police force or service of the Commonwealth or another State, for the purpose of the ACC or the police force or service giving the criminal history information to the National Board.\nACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth;\ncriminal history information means information about a person's criminal history that may be included in a written report under the Health Practitioner Regulation National Law.\n80—Application of fines\n\t(1)\tA fine imposed for an offence against this Act (other than Part 3 or 4) must be paid to the Minister.\n\t(2)\tA fine imposed for an offence against Part 3 must be paid to the Attorney‑General.\n\t(3)\tA fine imposed for an offence against Part 4 must be paid to the Pharmacy Regulation Authority SA.\n81—Investigators and inspectors\n\t(1)\tA National Board may, in addition to the persons referred to in section 163 of the Health Practitioner Regulation National Law (South Australia), appoint a person employed in the Public Service of the State, or by an agency or instrumentality of the Crown, as an investigator under that Law.\n\t(2)\tA National Board may, in addition to the persons referred to in section 239 of the Health Practitioner Regulation National Law (South Australia), appoint a person employed in the Public Service of the State, or by an agency or instrumentality of the Crown, as an inspector under that Law.\n82—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe fees or charges for the purposes of this Act, or empower—\n\t(i)\tthe Minister; or\n\t(ii)\tin relation to Part 4—Pharmacy Regulation Authority SA,\nto fix fees or charges, and provide for the recovery of a fee or charge so prescribed or fixed;\n\t(b)\trequire the provision of any report or other form of information relating to—\n\t(i)\tpharmacy services, any pharmacy business or any premises constituting a pharmacy or pharmacy depot; or\n\t(ii)\tthe sale of optical appliances; or\n\t(iii)\tthe provision of other health services within the State;\n\t(c)\tprohibit or regulate the use of specified names or names of a specified class in connection with a pharmacy or pharmacy business;\n\t(d)\tmake any provision with respect to the keeping of a register;\n\t(e)\texempt any person or class of persons from the obligation to pay a fee or charge so prescribed;\n\t(f)\tprescribe penalties, not exceeding $5 000, for breach of, or non‑compliance with, a regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\trefer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and\n\t(d)\tprovide that a specified provision of this Act does not apply, or applies with prescribed variations, to any person, circumstance or situation (or person, circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and\n\t(e)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or another prescribed authority.\n\t(4)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n83—Review of Part 3\n\t(1)\tThe Minister must, as soon as practicable after the third anniversary of the commencement of this Act, cause a review to be carried out on the operation of Part 3.\n\t(2)\tThe review must be completed within 6 months after it is initiated.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report on the outcome of the review, have copies of the report laid before both Houses of Parliament.\n","sortOrder":18},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Repeals and transitional provisions","content":"Schedule 1—Repeals and transitional provisions\n","sortOrder":19},{"sectionNumber":"Part 17","sectionType":"part","heading":"Repeal of certain South Australian Acts","content":"Part 17—Repeal of certain South Australian Acts\n28—Repeal of certain South Australian Acts\nThe following Acts are repealed:\n\t(a)\tthe Chiropractic and Osteopathy Practice Act 2005;\n\t(b)\tthe Dental Practice Act 2001;\n\t(c)\tthe Medical Practice Act 2004;\n\t(d)\tthe Nursing and Midwifery Practice Act 2008;\n\t(da)\tthe Occupational Therapy Practice Act 2005;\n\t(e)\tthe Optometry Practice Act 2007;\n\t(f)\tthe Pharmacy Practice Act 2007;\n\t(g)\tthe Physiotherapy Practice Act 2005;\n\t(h)\tthe Podiatry Practice Act 2005;\n\t(i)\tthe Psychological Practices Act 1973.\n","sortOrder":20},{"sectionNumber":"Part 18","sectionType":"part","heading":"Saving and transitional provisions","content":"Part 18—Saving and transitional provisions\n29—Interpretation\nasset means tangible or intangible real or personal property of any description and includes—\n\t(a)\ta present, future or contingent legal or equitable interest in real or personal property;\n\t(b)\ta chose in action;\n\t(c)\ta right, power, privilege or immunity;\n\t(d)\tgoodwill;\n\t(e)\ta security;\n\t(f)\tmoney;\n\t(g)\tdocuments;\n\t(h)\tinformation (including data and records) in any form;\nliability means a monetary or non‑monetary obligation and includes a future or contingent obligation;\nNational Agency means the Australian Health Practitioner Regulation Agency;\nnational body means a body established under—\n\t(a)\tthe Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 of Queensland; or\n\t(b)\tthe Health Practitioner Regulation National Law;\nparticipation day has the same meaning as under Part 12 of the Health Practitioner Regulation National Law (South Australia);\nprescribed body means any of the following:\n\t(a)\tthe Chiropractic and Osteopathy Board of South Australia;\n\t(b)\tthe Dental Board of South Australia;\n\t(c)\tthe Medical Board of South Australia;\n\t(d)\tthe Nursing and Midwifery Board of South Australia;\n\t(da)\tthe Occupational Therapy Board of South Australia;\n\t(e)\tthe Optometry Board of South Australia;\n\t(f)\tthe Pharmacy Board of South Australia;\n\t(g)\tthe Physiotherapy Board of South Australia;\n\t(h)\tthe Podiatry Board of South Australia;\n\t(i)\tthe South Australian Psychological Board;\n\t(j)\ta body brought within the ambit of this definition by the regulations;\nproperty includes intellectual property;\nrepealed Act means an Act that is repealed under Part 17;\nresponsible tribunal means the responsible tribunal for the purposes of the Health Practitioner Regulation National Law (South Australia).\nDivision 2—Transfer of assets and liabilities\n30—Ministerial orders\n\t(1)\tThe Minister may, by instrument in writing (an allocation order), transfer—\n\t(a)\tspecified assets or liabilities of a prescribed body to the National Agency or the Minister;\n\t(b)\tspecified classes of assets or liabilities of a prescribed body to the National Agency or the Minister;\n\t(c)\tall assets and liabilities of a prescribed body, other than specified classes of assets or liabilities, to the National Agency or the Minister;\n\t(d)\tall assets and liabilities of a prescribed body, or all remaining assets or liabilities of a prescribed body, to the National Agency or the Minister.\n\t(2)\tThe Minister may, by further instrument in writing (an allocation order), transfer any asset or liability acquired or assumed by the Minister under subclause (1) to another person or body.\n\t(3)\tHowever, the Minister must not transfer an asset or liability under subclause (2) to a person or body who or that is not an agency or instrumentality of the Crown without the consent or concurrence of that person or body.\n\t(4)\tAn allocation order takes effect from a date (which may be earlier than the date of the order) specified in the order.\n\t(5)\tThe Minister may make an allocation order in relation to assets or liabilities situated outside South Australia.\n\t(6)\tAn allocation order may be made on conditions specified in the order.\n31—Effect of allocation order\n\t(1)\tOn the date that an allocation order takes effect, assets and liabilities vest in the transferee named in the allocation order in accordance with the order.\n\t(2)\tIf an allocation order provides for the transfer of a prescribed body's interest in an agreement—\n\t(a)\tthe transferee becomes, on the date that the order takes effect, a party to the agreement in place of the prescribed body; and\n\t(b)\ton and after the date that the order takes effect, the agreement has effect as if the transferee had always been a party to that agreement.\n32—Continued effect of certain acts by a prescribed body\nAnything done, or omitted to be done, by a prescribed body in relation to assets or liabilities transferred by an allocation order is, if it continues to have effect as at the date of the transfer, taken to be the transferee's act or omission.\n33—Continuation of proceedings\nProceedings commenced before the date of transfer by or against a prescribed body in relation to an asset or liability transferred by an allocation order may be continued and completed by or against the transferee.\n34—Evidence of transfer\nA written notice signed by the Minister stating that a specific transfer of assets or liabilities has been made under this Division is conclusive evidence of the transfer.\n35—References\n\t(1)\tA reference in an instrument or other document to a prescribed body in connection with an asset or liability transferred under this Division is, from the date of transfer, taken to be a reference to the transferee.\n\t(2)\tSubclause (1) does not apply to any instrument or document, or instrument or document of a specified class, excluded from the operation of that subclause by the Minister by notice in the Gazette.\n36—Substitution of relevant entity\n\t(1)\tAny contract entered into by or on behalf of a prescribed body, and all guarantees, undertakings and securities given by or on behalf of a prescribed body, that are subject to the operation of this Division will, after any relevant transfer under this Division, be taken to have been entered into or given by the transferee.\n\t(2)\tSubclause (1) does not apply in relation to any contract, guarantee, undertaking or security, or contract, guarantee, security or undertaking of a specified class, excluded by the operation of that subclause by the Minister by notice in the Gazette.\nDivision 3—Staff\n37—Staff\n\t(1)\tA qualifying member of the staff of a prescribed body (other than the Occupational Therapy Board of South Australia) who, on the commencement of this subclause, has not gained employment with the National Agency (either by commencing employment with the National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement) will be incorporated into the Department as a redeployee by force of this clause.\n\t(2)\tA qualifying member of the staff of a prescribed body (other than the Occupational Therapy Board of South Australia)—\n\t(a)\twho, on the commencement of this subclause, has gained employment with the National Agency (either by commencing employment with the National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement); and\n\t(b)\twho, within the period of 2 years after the commencement of this subclause, is determined by the National Agency to be excess to the requirements of the National Agency,\nmay, by notice furnished to the Chief Executive within the designated period in a manner and form determined by the Chief Executive, elect to be incorporated into the Department as a redeployee (and will then be so incorporated by force of this clause).\n\t(2a)\tA qualifying member of the staff of the Occupational Therapy Board of South Australia who, on the commencement of this subclause, has not gained employment with the National Agency (either by commencing employment with the National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement) will be incorporated into the Department as a redeployee by force of this clause.\n\t(2b)\tA qualifying member of the staff of the Occupational Therapy Board of South Australia—\n\t(a)\twho, on the commencement of this subclause, has gained employment with the National Agency (either by commencing employment with the National Agency by that commencement or by accepting an offer of employment with the National Agency by that commencement); and\n\t(b)\twho, within the period of 2 years after the commencement of this subclause, is determined by the National Agency to be excess to the requirements of the National Agency,\nmay, by notice furnished to the Chief Executive within the designated period in a manner and form determined by the Chief Executive, elect to be incorporated into the Department as a redeployee (and will then be so incorporated by force of this clause).\n\t(3)\tIf a person is incorporated into the Department under a preceding subclause—\n\t(a)\tthe person will be incorporated into the Department on a date to be determined by the Chief Executive; and\n\t(b)\tthe person's existing and accruing rights immediately before cessation of the person's employment with a prescribed body or the National Agency in respect of recreation leave, sick leave and long service leave continue in full force and effect as if his or her previous employment with a prescribed body or the National Agency were employment with the Department (and the person is not entitled to payment in lieu of those rights) and the person will be taken to have continuity of employment without a termination of the person's service.\n\t(4)\tIn this clause—\ndesignated period means a period prescribed by the regulations for the purposes of this definition;\nqualifying member of the staff of a prescribed body means a person who, on a date prescribed by the regulations for the purposes of this definition in relation to the particular prescribed body (which may be a date that precedes the commencement of this clause)—\n\t(a)\tis employed on a permanent basis by a prescribed body—\n\t(i)\ton a salary not exceeding $120 000; or\n\t(ii)\ton a salary package valued at an amount not exceeding $120 000 (and for the purposes of this subparagraph a salary package is to be valued in accordance with any principles prescribed by the regulations); or\n\t(b)\tis employed or engaged by a prescribed body and is brought within the ambit of this paragraph by proclamation.\nDivision 4—Provision of information and assistance\n38—Provision of information and assistance\n\t(1)\tDespite any other Act or law, a prescribed body is authorised, on its own initiative or at the request of the national body—\n\t(a)\tto provide a national body, or a person nominated by a national body, with such documents and other information (including data and records and including information given in confidence) in the possession or control of the prescribed body that is reasonably required in connection with the performance or exercise of a function or power of the national body; and\n\t(b)\tto provide a national body, or a person nominated by a national body, with such assistance as is reasonably required in connection with the performance or exercise of a function or power of the national body.\n\t(2)\tDespite any other Act or law, a prescribed body or the Minister may authorise a national body, or a person nominated by a national body, to disclose information provided under subclause (1) even if the information was given to a prescribed body in confidence.\nDivision 5—References\n39—References to members of professions\n\t(1)\tUnless the contrary intention appears or the context requires a different interpretation, a reference within an Act or another instrument within the ambit of column 1 of the following table will have effect as if it were the corresponding reference in column 2 of the table.\n\nTable\nColumn 1\nColumn 2\nchiropractor\na person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student)\ndental practitioner\na person registered under the Health Practitioner Regulation National Law to practise in the dental profession (including, if appropriate, a dental therapist, dental hygienist, dental prosthetist or oral health therapist but not including a student)\ndentist\n\t(a)\tto practise in the dental profession as a dentist (other than as a student); and\n\t(b)\tin the dentists division of that profession\nenrolled nurse\n\t(a)\tto practise in the nursing profession as a nurse (other than as a student); and\n\t(b)\tin the enrolled nurses division of that profession\nlegally qualified medical practitioner\na person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)\nmedical practitioner\na person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)\nmidwife\na person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession as a midwife (other than as a student)\nnurse\na person registered under the Health Practitioner Regulation National Law to practise in the nursing profession as a nurse (other than as a student)\noccupational therapist\na person registered under the Health Practitioner Regulation National Law to practise in the occupational therapy profession (other than as a student)\noptometrist\na person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student)\nosteopath\na person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student)\npharmacist\na person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student)\nphysiotherapist\na person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student)\npodiatrist\na person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student)\npsychologist\na person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student)\nregistered nurse\n\t(a)\tto practise in the nursing profession as a nurse (other than as a student); and\n\t(b)\tin the registered nurses division of that profession\n\t(2)\tUnless the contrary intention appears or the context requires a different interpretation, a reference in an Act or another instrument to a registered health practitioner will have effect as if it were a reference to a health practitioner registered in the relevant health profession under the Health Practitioner Regulation National Law.\nDivision 6—Complaints, notifications and disciplinary proceedings\n40—Extended application of disciplinary proceedings\n","sortOrder":21},{"sectionNumber":"Part 8","sectionType":"part","heading":"of the Health Practitioner Regulation National Law (South Australia) extends to any conduct, behaviour, event, situation, condition (including medical condition or impairment) or other circumstance occurring, arising or existing before the participation day for this jurisdiction (and the definitions of impairment, professional misconduct, unprofessional conduct and unsatisfactory professional performance are to be interpreted as so extending).","content":"Part 8 of the Health Practitioner Regulation National Law (South Australia) extends to any conduct, behaviour, event, situation, condition (including medical condition or impairment) or other circumstance occurring, arising or existing before the participation day for this jurisdiction (and the definitions of impairment, professional misconduct, unprofessional conduct and unsatisfactory professional performance are to be interpreted as so extending).\n41—Proceedings before boards\n\t(a)\ta matter is, immediately before the participation day for this jurisdiction, the subject of an investigation or other form of consideration by a prescribed body (or the Registrar of a prescribed body), in circumstances where no formal complaint has been laid; and\n\t(b)\tthe matter is of a nature that it could be the subject of a notification under the Health Practitioner Regulation National Law (South Australia),\nthat matter will, from the participation day, be taken to be the subject of a notification under Part 8 of the Health Practitioner Regulation National Law (South Australia).\n\t(2)\tAll matters falling within the ambit of subclause (1) are to be taken to be within the ambit of section 288 of the Health Practitioner Regulation National Law (South Australia) and clause 289 of that Law will have no application to those matters.\n\t(3)\tA national body may, in connection with any matter before the national body by virtue of the operation of this Division or Division 13 of Part 12 of the Health Practitioner Regulation National Law (South Australia)—\n\t(a)\tadopt, as in its discretion it considers proper, any step, determination, decision, finding or other act of a prescribed body; and\n\t(b)\tas in its discretion it considers proper—\n\t(i)\tinitiate any investigation; or\n\t(ii)\ttake over or assume any investigation being undertaken by, or on behalf of, a prescribed body;\n\t(iii)\treceive any report as a result of any investigation (including an investigation initiated by a prescribed body),\nand take any action on account of the results of any such investigation; and\n\t(c)\tdispense with any step or requirement that might otherwise need to be taken or apply under the Health Practitioner Regulation National Law (South Australia).\n42—Proceedings initiated by complaint\n\t(1)\tIf, immediately before the participation day for this jurisdiction—\n\t(a)\t—\n\t(i)\ta formal complaint has been laid before a prescribed body under a relevant Act by the Registrar of that prescribed body; or\n\t(ii)\ta prescribed body has laid a complaint before a prescribed Tribunal; and\n\t(b)\tthe prescribed body or the prescribed Tribunal (as the case may be) has commenced but not completed the substantive hearing and determination of the complaint (that is, the complaint is part‑heard),\nthe proceedings will continue and be completed in all respects under the relevant Act as if that Act had not been repealed (and the relevant Act will also continue to operate as if it had not been repealed for the purposes of exercising any right of review or appeal).\n\t(2)\tA right of review or appeal—\n\t(a)\texisting, or the subject of proceedings, before the participation day for this jurisdiction; or\n\t(b)\tarising under subclause (1),\nmay be exercised, or will continue to be subject to any proceedings, (as the case requires) under the relevant Act as if that Act had not been repealed.\n\t(3)\tA decision arising out of any proceedings under subclause (1) or (2) will take effect as if it were a decision under the Health Practitioner Regulation National Law (South Australia) (and the National Board for the relevant health profession will give effect to the decision accordingly).\n\t(4)\tIf, immediately before the participation day for this jurisdiction—\n\t(a)\t—\n\t(i)\ta formal complaint has been laid before a prescribed body under a relevant Act by the Registrar of that prescribed body; or\n\t(ii)\ta prescribed body has laid a complaint before a prescribed Tribunal; and\n\t(b)\tthe prescribed body or the prescribed Tribunal (as the case may be) has not commenced the substantive hearing and determination of the complaint (that is, the complaint is not part‑heard),\nthe proceedings will be taken to be within the ambit of section 289 of the Health Practitioner Regulation National Law (South Australia) and are to be dealt with in all respects under the relevant Act as if that Act had not been repealed, but with the following modifications:\n\t(c)\tthe proceedings are to proceed before the responsible tribunal;\n\t(d)\tthe National Board for the relevant profession is to have the carriage as complainant of the proceedings before the responsible tribunal;\n\t(e)\tthe relevant Act is to be applied as if a reference to the prescribed body or the prescribed Tribunal (as the case may be) were a reference to the responsible tribunal;\n\t(f)\tin respect of a complaint laid before the Dental Board of South Australia or the Medical Board of South Australia, the responsible tribunal may impose any disciplinary sanction that could have been imposed by the Dental Professional Conduct Tribunal or the Medical Professional Conduct Tribunal (as the case may be) in respect of a complaint laid before that Tribunal.\n\t(5)\tThis clause applies despite any contrary provision in the Health Practitioner Regulation National Law (South Australia).\nprescribed Tribunal means a tribunal constituted under an Act being repealed by this Act;\nrelevant Act, in relation to any proceedings, means an Act to be repealed by this Act, being the Act under which the proceedings arise (despite its repeal under this Act).\n43—Complaints being dealt with on participation day\nFor the purposes of proceedings under section 289 of the Health Practitioner Regulation National Law (South Australia), the responsible tribunal may deal with a matter as if it were a tribunal or other adjudication authority under a repealed Act (and section 289 will be modified accordingly).\nDivision 7—Other matters\n44—Actions with respect to immunity\nAn action that would lie against a prescribed body under section 74(3) of the Public Sector Act 2009 but for the dissolution of that body will lie instead against the Crown.\n45—Pharmacies and pharmacy depots\n\t(1)\tPremises registered as a pharmacy under the Pharmacy Practice Act 2007 immediately before the commencement of this clause will, on that commencement, be taken to be registered as a pharmacy under this Act.\n\t(2)\tPremises registered as a pharmacy depot under the Pharmacy Practice Act 2007 immediately before the commencement of this clause will, on that commencement, be taken to be registered as a pharmacy depot under this Act.\n46—Pharmacy services providers\nA person who is recorded by the Pharmacy Board of South Australia as a pharmacy services provider for the purposes of section 42(4) of the Pharmacy Practice Act 2007 immediately before the commencement of this clause will, on that commencement, be taken to be registered as a pharmacy services provider under this Act.\n47—Areas of special need\nA determination of the Minister and the Medical Board of South Australia in force for the purposes of section 33(2)(d)(iii) of the Medical Practice Act 2004 immediately before the commencement of this clause will, on that commencement, be taken to be an equivalent decision with respect to an area of need under section 67 of the Health Practitioner Regulation National Law (South Australia) (and will, until revoked by the Minister, have effect for the purposes of that Law without further notice to the National Board).\n48—References to Registrars\n\t(1)\tFor the purposes of any proceedings under a repealed Act after the commencement of this clause—\n\t(a)\ta reference in any such Act to a Registrar will be taken to be a reference to the National Board for the relevant health profession; and\n\t(b)\ta reference in any such Act to a prescribed body will, in the case of proceedings commenced before a prescribed Tribunal, be taken to be a reference to the National Board for the relevant health profession.\n\t(2)\tUnless the context requires a different interpretation, a reference to a Registrar in an instrument (including an undertaking given to a prescribed body or to the Registrar of a prescribed body), or in a condition of registration, will be taken to be a reference to a person holding or acting in an office designated by the Minister by notice in the Gazette under this subclause.\nprescribed Tribunal means a tribunal constituted under an Act being repealed by this Act.\n49—FOI applications\n\t(1)\tIf, in relation to an application under the FOI Act, the relevant agency under that Act would, apart from this clause, be a prescribed body, the National Agency, or a National Board nominated by the National Agency for the purposes of the application, will be taken to be the agency under that Act for the purposes of dealing with the application.\n\t(2)\tIn connection with subclause (1), the regulations may provide that the FOI Act applies to applications within the ambit of that subclause with such modifications as may be prescribed (and any such regulation will then have effect according to its terms).\nFOI Act means the Freedom of Information Act 1991.\n50—Fees\n\t(1)\tIf a member of a designated health profession is due to pay a registration or reinstatement fee by the designated date for that profession, but that fee has not been paid by that date, the period for the payment of the fee will be taken to have been extended by a period of 1 month from the designated date.\n\t(2)\tIn this clause—\ndesignated date means a date designated for the purposes of this definition by the Minister by notice in the Gazette;\ndesignated health profession is a health profession designated for the purposes of this clause by the Minister by notice in the Gazette.\n\t(3)\tDifferent dates may be designated for different health professions.\n51—Regulations\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on—\n\t(a)\tthe enactment of this Act; or\n\t(b)\tthe transition from a scheme established by an Act repealed by this Act to the scheme established under the Health Practitioner Regulation National Law.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n52—Validity and effect of steps\n\t(1)\tNothing done under this Schedule or under Part 12 of the Health Practitioner Regulation National Law (South Australia)—\n\t(a)\tis to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or\n\t(b)\tis to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or\n\t(c)\tis to be regarded as fulfilling any condition that allows a person to exercise a power, right of remedy in respect of or to terminate any agreement or obligation; or\n\t(d)\tis to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or\n\t(e)\tis to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or\n\t(f)\tis to be regarded as frustrating any contract; or\n\t(g)\treleases any surety or other obligor wholly or in part from any obligation; or\n\t(h)\tgives rise to any right or entitlement to damages or compensation.\n\t(2)\tThe Registrar‑General or another authority required or authorised under a law of the State to register or record transactions affecting assets or liabilities, or documents relating to such transactions, must, on application under this subclause, register or record in an appropriate manner a vesting under this Schedule.\n\t(3)\tNo fee is payable in respect of an application under subclause (2).\n","sortOrder":22},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Health Practitioner Regulation National Law","content":"Schedule 2—Health Practitioner Regulation National Law\n\n1—Short title\nThis Law may be cited as the Health Practitioner Regulation National Law.\n2—Commencement\nThis Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.\n3—Objectives\n\t(1)\tThe object of this Law is to establish a national registration and accreditation scheme for—\n\t(a)\tthe regulation of health practitioners; and\n\t(b)\tthe registration of students undertaking—\n\t(i)\tprograms of study that provide a qualification for registration in a health profession; or\n\t(ii)\tclinical training in a health profession.\n\t(2)\tThe objectives of the national registration and accreditation scheme are—\n\t(a)\tto provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered; and\n\t(b)\tto facilitate workforce mobility across Australia by reducing the administrative burden for health practitioners wishing to move between participating jurisdictions or to practise in more than one participating jurisdiction; and\n\t(c)\tto facilitate the provision of high quality education and training of health practitioners; and\n\t(ca)\tto build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander persons; and\n\t(d)\tto facilitate the rigorous and responsive assessment of overseas‑trained health practitioners; and\n\t(e)\tto facilitate access to services provided by health practitioners in accordance with the public interest; and\n\t(f)\tto enable the continuous development of a flexible, responsive and sustainable Australian health workforce and to enable innovation in the education of, and service delivery by, health practitioners.\n3A—Guiding principles\n\t(1)\tThe main guiding principle of the national registration and accreditation scheme is that the following are paramount—\n\t(a)\tprotection of the public;\n\t(b)\tpublic confidence in the safety of services provided by registered health practitioners and students.\n\t(2)\tThe other guiding principles of the national registration and accreditation scheme are as follows—\n\t(a)\tthe scheme is to operate in a transparent, accountable, efficient, effective and fair way;\n\t(b)\tthe scheme is to ensure the development of a culturally safe and respectful health workforce that—\n\t(i)\tis responsive to Aboriginal and Torres Strait Islander persons and their health; and\n\t(ii)\tcontributes to the elimination of racism in the provision of health services;\nCodes and guidelines developed and approved by National Boards undersection 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.\n\t(c)\tfees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;\n\t(d)\trestrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.\n4—How functions to be exercised\nAn entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national registration and accreditation scheme set out in sections 3 and 3A.\n5—Definitions\nACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth.\naccreditation authority means—\n\t(a)\tan external accreditation entity; or\n\t(b)\tan accreditation committee.\naccreditation committee means a committee established by a National Board to exercise an accreditation function for a health profession for which the Board is established.\naccreditation standard, for a health profession, means a standard used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes necessary to practise the profession in Australia.\naccredited program of study means a program of study accredited under section 48 by an accreditation authority.\nadjudication body means—\n\t(a)\ta panel; or\n\t(b)\ta responsible tribunal; or\n\t(c)\ta Court; or\n\t(d)\tan entity of a co‑regulatory jurisdiction that is declared in the Act applying this Law to be an adjudication body for the purposes of this Law.\nAgency Board means the Australian Health Practitioner Regulation Agency Board established by section 29.\nAgency Fund means the Australian Health Practitioner Regulation Agency Fund established by section 208.\nappropriate professional indemnity insurance arrangements, in relation to a registered health practitioner, means professional indemnity insurance arrangements that comply with an approved registration standard for the health profession in which the practitioner is registered.\napproved accreditation standard means an accreditation standard—\n\t(a)\tapproved by a National Board under section 47(3); and\n\t(b)\tpublished on the Board's website under section 47(6).\napproved area of practice, for a health profession, means an area of practice approved under section 15 for the profession.\napproved program of study, for a health profession or for endorsement of registration in a health profession, means an accredited program of study—\n\t(a)\tapproved under section 49(1) by the National Board established for the health profession; and\n\t(b)\tincluded in the list published by the National Agency under section 49(5).\napproved qualification—\n\t(a)\tfor a health profession, means a qualification obtained by completing an approved program of study for the profession; and\n\t(b)\tfor endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement.\napproved registration standard means a registration standard—\n\t(a)\tapproved by the Ministerial Council under section 12; and\n\t(b)\tpublished on the website of the National Board that developed the standard.\nAustralian legal practitioner means a person who—\n\t(a)\tis admitted to the legal profession under the law of a State or Territory; and\n\t(b)\tholds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession.\nCOAG Agreement means the agreement for a national registration and accreditation scheme for health professions, made on 26 March 2008 between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.\nA copy of the COAG Agreement is available on the National Agency's website.\nco-regulatory authority, for a co‑regulatory jurisdiction, means an entity that is declared by the Act applying this Law in the co‑regulatory jurisdiction to be a co‑regulatory authority for the purposes of this Law.\nco-regulatory jurisdiction means a participating jurisdiction in which the Act applying this Law declares that the jurisdiction is not participating in the health, performance and conduct process provided by Division 3 to Division 12 of Part 8.\ncorresponding prior Act means a law of a participating jurisdiction that—\n\t(a)\twas in force before the day on which the jurisdiction became a participating jurisdiction; and\n\t(b)\testablished an entity having functions that included—\n\t(i)\tthe registration of persons as health practitioners; or\n\t(ii)\thealth, conduct or performance action.\ncriminal history, of a person, means the following—\n\t(a)\tevery conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law;\n\t(b)\tevery plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence;\n\t(c)\tevery charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law.\ncriminal history law means a law of a participating jurisdiction that provides that spent or other convictions do not form part of a person's criminal history and prevents or does not require the disclosure of those convictions.\ndivision, of a health profession, means a part of a health profession for which a Division is included in the National Register kept for the profession.\neducation provider means—\n\t(a)\ta university; or\n\t(b)\ta tertiary education institution, or another institution or organisation, that provides vocational training; or\n\t(c)\ta specialist medical college or other health profession college.\nentity includes a person and an unincorporated body.\nexercise a function includes perform a duty.\nexternal accreditation entity means an entity, other than a committee established by a National Board, that exercises an accreditation function.\nhealth assessment means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the person.\nhealth complaints entity means an entity—\n\t(a)\tthat is established by or under an Act of a participating jurisdiction; and\n\t(b)\twhose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system.\nhealth, conduct or performance action means action that—\n\t(a)\ta National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8; or\n\t(b)\ta co‑regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co‑regulatory jurisdiction, substantially corresponds to a proceeding under Part 8.\nhealth panel means a panel established under section 181.\nhealth practitioner means an individual who practises a health profession.\nhealth profession means the following professions, and includes a recognised specialty in any of the following professions—\n\t(a)\tAboriginal and Torres Strait Islander health practice;\n\t(b)\tChinese medicine;\n\t(c)\tchiropractic;\n\t(d)\tdental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\t(e)\tmedical;\n\t(f)\tmedical radiation practice;\n\t(g)\tmidwifery;\n\t(ga)\tnursing;\n\t(h)\toccupational therapy;\n\t(i)\toptometry;\n\t(j)\tosteopathy;\n\t(ja)\tparamedicine;\n\t(k)\tpharmacy;\n\t(l)\tphysiotherapy;\n\t(m)\tpodiatry;\n\t(n)\tpsychology.\nSee Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions.\nhealth profession agreement has the meaning given by section 26.\nhealth program means a program providing education, prevention, early intervention, treatment or rehabilitation services relating to physical or mental impairments, disabilities, conditions or disorders, including substance abuse or dependence.\nhealth service includes the following services, whether provided as public or private services—\n\t(a)\tservices provided by registered health practitioners;\n\t(b)\thospital services;\n\t(c)\tmental health services;\n\t(d)\tpharmaceutical services;\n\t(e)\tambulance services;\n\t(f)\tcommunity health services;\n\t(g)\thealth education services;\n\t(h)\twelfare services necessary to implement any services referred to in paragraphs (a) to (g);\n\t(i)\tservices provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists;\n\t(j)\tpathology services.\nhealth service provider means a person who provides a health service.\nimpairment, in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect—\n\t(a)\tfor a registered health practitioner or an applicant for registration in a health profession, the person's capacity to practise the profession; or\n\t(b)\tfor a student, the student's capacity to undertake clinical training—\n\t(i)\tas part of the approved program of study in which the student is enrolled; or\n\t(ii)\tarranged by an education provider.\ninterim prohibition order, for Division 7A of Part 8, see section 159B.\nlocal registration authority means an entity having functions under a law of a State or Territory that include the registration of persons as health practitioners.\nmandatory notification means a notification an entity is required to make to the National Agency under Division 2 of Part 8.\nmedical practitioner means a person who is registered under this Law in the medical profession.\nMinisterial Council means a body, however described, that consists of the Minister of each participating jurisdiction, and the Commonwealth, who is responsible, or principally responsible, for matters relating to health.\nNational Agency means the Australian Health Practitioner Regulation Agency established by section 23.\nNational Board means a National Health Practitioner Board continued or established by regulations made under section 31.\nNational Register means the Register kept by a National Board under section 222.\nnational registration and accreditation scheme means the scheme—\n\t(a)\treferred to in the COAG Agreement; and\n\t(b)\testablished by this Law.\nnotification means—\n\t(a)\ta mandatory notification; or\n\t(b)\ta voluntary notification.\nnotifier means a person who makes a notification.\npanel means—\n\t(a)\ta health panel; or\n\t(b)\ta performance and professional standards panel.\nparticipating jurisdiction means a State or Territory—\n\t(a)\tthat is a party to the COAG Agreement; and\n\t(b)\tin which—\n\t(i)\tthis Law applies as a law of the State or Territory; or\n\t(ii)\ta law that substantially corresponds to the provisions of this Law has been enacted.\nperformance and professional standards panel means a panel established under section 182.\nperformance assessment means an assessment of the knowledge, skill or judgment possessed, or care exercised by, a registered health practitioner in the practice of the health profession in which the practitioner is registered.\npolice commissioner means the commissioner of the police force or police service of a participating jurisdiction or the Commonwealth.\npractice arrangement, between a registered health practitioner or unregistered person, and an entity—\n\t(a)\tincludes—\n\t(i)\ta contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or\n\t(ii)\tan agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but\n\t(b)\tdoes not include a contract or agreement not directly related to the provision of a health service.\nprincipal place of practice, for a registered health practitioner, means the address declared by the practitioner to be the address—\n\t(a)\tat which the practitioner is predominantly practising the profession; or\n\t(b)\tif the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner's principal place of residence.\nprofessional misconduct, of a registered health practitioner, includes—\n\t(a)\tunprofessional conduct by the practitioner that amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and\n\t(b)\tmore than one instance of unprofessional conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and\n\t(c)\tconduct of the practitioner, whether occurring in connection with the practice of the health practitioner's profession or not, that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession.\nprogram of study means a program of study provided by an education provider.\nprohibition order means—\n\t(a)\ta decision by a responsible tribunal of this jurisdiction under section 196(4)(b) or (c); or\n\t(b)\ta decision by a responsible tribunal of another participating jurisdiction under section 196(4)(b) or (c) as it applies in the other jurisdiction; or\n\t(c)\ta prohibition order under section 149C(5) of the Health Practitioner Regulation National Law (NSW); or\n\t(d)\ta decision under section 107(4)(b) of the Health Ombudsman Act 2013 of Queensland.\npsychologist means a person registered under this Law in the psychology profession.\npublic health facility includes—\n\t(a)\ta public hospital; and\n\t(b)\ta public health, teaching or research facility.\nrecognised specialty means a specialty in a health profession that has been approved by the Ministerial Council under section 13(2).\nregistered health practitioner means an individual who—\n\t(a)\tis registered under this Law to practise a health profession, other than as a student; or\n\t(b)\tholds non‑practising registration under this Law in a health profession.\nregistration authority means—\n\t(a)\ta local registration authority; or\n\t(b)\tan entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.\nregistration standard means a registration standard developed by a National Board under section 38.\nregistration status, in relation to an applicant for registration, includes—\n\t(a)\tany undertakings given by the applicant to a registration authority, whether before or after the commencement of this Law; and\n\t(b)\tany conditions previously imposed on the applicant's registration by a registration authority, whether before or after the commencement of this Law; and\n\t(c)\tany decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant's practice of the profession, whether before or after the commencement of this Law; and\n\t(d)\tany investigation commenced by a registration authority or a health complaints entity into the applicant's conduct, performance or possible impairment but not finalised at the time of the application.\nregulatory body, in relation to a person, means any of the following—\n\t(a)\tthe National Agency;\n\t(b)\tfor a person who is or was a registered health practitioner—a National Board for a health profession in which the person is or was registered.\nrelevant action, for Division 10 of Part 8, see section 178.\nrelevant fee, for a service provided by a National Board, means the fee—\n\t(a)\tset under a health profession agreement between the Board and the National Agency for the service; and\n\t(b)\tpublished on the Board's website under section 26(3).\nrelevant provision—\n\t(a)\tfor Division 7A of Part 8, see section 159B; or\n\t(b)\tfor Division 7B of Part 8, see section 159P.\nresponsible Minister means a Minister responsible for the administration of this Law in a participating jurisdiction.\nresponsible tribunal means a tribunal or court that—\n\t(a)\tis declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction; or\n\t(b)\tis declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that jurisdiction.\nreview period, for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under section 125, 126 or 127.\nscheduled medicine means a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth.\nspecialist health practitioner means a person registered under this Law in a recognised specialty.\nSpecialists Register means a register kept by a National Board under section 223.\nspecialist title, in relation to a recognised specialty, means a title that is approved by the Ministerial Council under section 13 as being a specialist title for that recognised specialty.\nState or Territory Board has the meaning given by section 36.\nstudent means a person whose name is entered in a student register as being currently registered under this Law.\nstudent register, for a health profession, means a register kept under section 229 by the National Board established for the profession.\nsuspension period, in relation to a person's registration in a health profession, for Subdivision 2 of Division 9 of Part 7, see section 112A.\nunprofessional conduct, of a registered health practitioner, means professional conduct that is of a lesser standard than that which might reasonably be expected of the health practitioner by the public or the practitioner's professional peers, and includes—\n\t(a)\ta contravention by the practitioner of this Law, whether or not the practitioner has been prosecuted for, or convicted of, an offence in relation to the contravention; and\n\t(b)\ta contravention by the practitioner of—\n\t(i)\ta condition to which the practitioner's registration was subject; or\n\t(ii)\tan undertaking given by the practitioner to the National Board that registers the practitioner; and\n\t(c)\tthe conviction of the practitioner for an offence under another Act, the nature of which may affect the practitioner's suitability to continue to practise the profession; and\n\t(d)\tproviding a person with health services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person's well-being; and\n\t(e)\tinfluencing, or attempting to influence, the conduct of another registered health practitioner in a way that may compromise patient care; and\n\t(f)\taccepting a benefit as inducement, consideration or reward for referring another person to a health service provider or recommending another person use or consult with a health service provider; and\n\t(g)\toffering or giving a person a benefit, consideration or reward in return for the person referring another person to the practitioner or recommending to another person that the person use a health service provided by the practitioner; and\n\t(h)\treferring a person to, or recommending that a person use or consult, another health service provider, health service or health product if the practitioner has a pecuniary interest in giving that referral or recommendation, unless the practitioner discloses the nature of that interest to the person before or at the time of giving the referral or recommendation.\nunregistered person means a person who is not registered, or whose registration is suspended, under this Law.\nunsatisfactory professional performance, of a registered health practitioner, means the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the health profession in which the practitioner is registered is below the standard reasonably expected of a health practitioner of an equivalent level of training or experience.\nvoluntary notification means a notification made under Division 3 of Part 8.\n6—Interpretation generally\n","sortOrder":23},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"applies in relation to this Law.","content":"Schedule 7 applies in relation to this Law.\n7—Single national entity\n\t(1)\tIt is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by or under this Law is one single national entity, with functions conferred by this Law as so applied.\n\t(2)\tAn entity established by or under this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.\n\t(3)\tAn entity established by or under this Law may exercise its functions in relation to—\n\t(a)\tone participating jurisdiction; or\n\t(b)\t2 or more or all participating jurisdictions collectively.\n\t(4)\tIn this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.\n8—Extraterritorial operation of Law\nIt is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following—\n\t(a)\tthings situated in or outside the territorial limits of this jurisdiction;\n\t(b)\tacts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;\n\t(c)\tthings, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.\n9—Trans-Tasman mutual recognition principle\nThis Law does not affect the operation of an Act of a participating jurisdiction providing for the application of the Trans-Tasman mutual recognition principle to occupations.\n10—Law binds the State\n\t(1)\tThis Law binds the State.\nState means the Crown in right of this jurisdiction, and includes—\n\t(a)\tthe Government of this jurisdiction; and\n\t(b)\ta Minister of the Crown in right of this jurisdiction; and\n\t(c)\ta statutory corporation, or other entity, representing the Crown in right of this jurisdiction.\nPart 2—Ministerial Council\n11—Policy directions\n\t(1)\tThe Ministerial Council may give directions to the National Agency about the policies to be applied by the National Agency in exercising its functions under this Law.\n\t(2)\tThe Ministerial Council may give directions to a National Board about the policies to be applied by the National Board in exercising its functions under this Law.\n\t(3)\tWithout limiting subsections (1) and (2), a direction under this section may relate to—\n\t(a)\ta matter relevant to the policies of the National Agency or a National Board; or\n\t(b)\tan administrative process of the National Agency or a National Board; or\n\t(c)\ta procedure of the National Agency or a National Board; or\n\t(d)\ta particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health profession.\n\t(4)\tHowever, the Ministerial Council may give a National Board a direction under subsection (3)(d) only if—\n\t(a)\tin the Council's opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and\n\t(b)\tthe Council has first given consideration to the potential impact of the Council's direction on the quality and safety of health care.\n\t(5)\tA direction under this section cannot be about—\n\t(a)\ta particular person; or\n\t(b)\ta particular qualification; or\n\t(c)\ta particular application, notification or proceeding.\n\t(6)\tThe National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section.\n12—Approval of registration standards\n\t(1)\tThe Ministerial Council may approve a registration standard about—\n\t(a)\tthe registration, or renewal of registration, of persons in a health profession; or\n\t(b)\tthe endorsement, or renewal of the endorsement, of the registration of registered health practitioners.\n\t(2)\tThe Ministerial Council may approve a registration standard for a health profession only if—\n\t(a)\tits approval is recommended by the National Board established for the health profession; and\n\t(b)\tit does not provide for a matter about which an accreditation standard may provide.\nAn accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under Division 3 of Part 6.\n\t(3)\tThe Ministerial Council may, at any time, ask a National Board to review an approved or proposed registration standard for the health profession for which the National Board is established.\n\t(4)\tThe Ministerial Council may delegate any of the Council's powers under subsection (1) to an entity it considers appropriate to exercise the power.\n13—Approvals in relation to specialist registration\n\t(1)\tThe following health professions, or divisions of health professions, are health professions for which specialist recognition operates under this Law—\n\t(a)\tthe medical profession;\n\t(b)\tthe dentists division of the dental profession;\n\t(c)\tany other health profession approved by the Ministerial Council, on the recommendation of the National Board established for the profession.\n\t(2)\tIf a health profession is a profession for which specialist recognition operates, the Ministerial Council may, on the recommendation of the National Board established for the profession—\n\t(a)\tapprove a list of specialties for the profession; and\n\t(b)\tapprove one or more specialist titles for each specialty in the list.\n\t(3)\tIn making a recommendation to the Ministerial Council for the purposes of subsection (1)(c) or (2), a National Board established for a health profession may have regard to any relevant advice provided by—\n\t(a)\tan accreditation authority for the profession; or\n\t(b)\ta specialist college for the profession.\n\t(4)\tThe Ministerial Council may provide guidance to a National Board established for a health profession for which specialist recognition will operate in relation to the criteria for the approval of specialties for the profession by the Council.\n14—Approval of endorsement in relation to scheduled medicines\n\t(1)\tThe Ministerial Council may, on the recommendation of a National Board, decide that the Board may endorse the registration of health practitioners practising a profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines.\nSee section 94 which provides for the endorsement of health practitioners' registration in relation to scheduled medicines.\n\t(2)\tAn approval under subsection (1) is to specify—\n\t(a)\tthe class of health practitioners registered by the Board to which the approval relates; and\n\t(b)\twhether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and\n\t(c)\twhether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines.\n15—Approval of areas of practice for purposes of endorsement\nThe Ministerial Council may, on the recommendation of a National Board, approve an area of practice in a health profession for which the Board is established as being an area of practice for which the registration of a health practitioner registered in the profession may be endorsed.\nSee section 98 which provides for the endorsement of health practitioners' registration in relation to approved areas of practice.\n16—How Ministerial Council exercises functions\n\t(1)\tThe Ministerial Council is to give a direction or approval, or make a recommendation, request or appointment, for the purposes of a provision of this Law by resolution of the Council passed in accordance with procedures determined by the Council.\n\t(2)\tAn act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council's membership.\n17—Notification and publication of directions and approvals\n\t(1)\tA copy of any direction given by the Ministerial Council to the National Agency—\n\t(a)\tis to be given to the Chairperson of the Agency Board; and\n\t(b)\tmust be published by the National Agency on its website as soon as practicable after being received by the Chairperson.\n\t(2)\tA copy of a direction or approval given by the Ministerial Council to a National Board—\n\t(a)\tis to be given to the Chairperson of the National Board; and\n\t(b)\tif the direction is given under section 11(3)(d), is to include reasons for the direction; and\n\t(c)\tmust be published by the National Board on its website as soon as practicable after being received by the Chairperson.\n\t(3)\tA copy of a direction or approval given by the Ministerial Council to the National Agency or to a National Board is to be published in the annual report of the National Agency.\nPart 4—Australian Health Practitioner Regulation Agency\n","sortOrder":24},{"sectionNumber":"Div 1","sectionType":"division","heading":"National Agency","content":"Division 1—National Agency\n23—National Agency\n\t(1)\tThe Australian Health Practitioner Regulation Agency is established.\n\t(2)\tThe National Agency—\n\t(3)\tThe National Agency represents the State.\n\t(4)\tSchedule 3 sets out provisions relating to the National Agency.\n24—General powers of National Agency\nThe National Agency has all the powers of an individual and, in particular, may—\n\t(a)\tenter into contracts; and\n\t(b)\tacquire, hold, dispose of, and deal with, real and personal property; and\n\t(c)\tdo anything necessary or convenient to be done in the exercise of its functions.\n25—Functions of National Agency\nThe functions of the National Agency are as follows—\n\t(a)\tto provide administrative assistance and support to the National Boards, and the Boards' committees, in exercising their functions;\n\t(b)\tin consultation with the National Boards, to develop and administer procedures for the purpose of ensuring the efficient and effective operation of the National Boards;\n\t(c)\tto establish procedures for the development of accreditation standards, registration standards and codes and guidelines approved by National Boards, for the purpose of ensuring the national registration and accreditation scheme operates in accordance with good regulatory practice;\n\t(d)\tto negotiate in good faith with, and attempt to come to an agreement with, each National Board on the terms of a health profession agreement;\n\t(e)\tto establish and administer an efficient procedure for receiving and dealing with applications for registration as a health practitioner and other matters relating to the registration of registered health practitioners;\n\t(f)\tin conjunction with the National Boards, to keep up-to-date and publicly accessible national registers of registered health practitioners for each health profession;\n\t(g)\tin conjunction with the National Boards, to keep up-to-date national registers of students for each health profession;\n\t(h)\tto keep an up-to-date and publicly accessible list of approved programs of study for each health profession;\n\t(i)\tto establish an efficient procedure for receiving and dealing with notifications against persons who are or were registered health practitioners and persons who are students, including by establishing a national process for receiving notifications about registered health practitioners in all professions;\n\t(j)\tto give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme;\n\t(k)\tif asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the administration of the national registration and accreditation scheme;\n\t(ka)\tto do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;\n\t(l)\tany other function given to the National Agency by or under this Law.\n26—Health profession agreements\n\t(1)\tThe National Agency must enter into an agreement (a health profession agreement) with a National Board that makes provision for the following—\n\t(a)\tthe fees that will be payable under this Law by health practitioners and others in respect of a health profession for which the Board is established (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment);\n\t(b)\tthe annual budget of the National Board (including the funding arrangements for its committees and accreditation authorities);\n\t(c)\tthe services to be provided to the National Board by the National Agency to enable the National Board to carry out its functions under this Law.\n\t(2)\tIf the National Agency and a National Board are unable to agree on a matter relating to a health profession agreement or a proposed health profession agreement, the Ministerial Council may give directions to the National Agency and National Board about how the dispute is to be resolved.\n\t(3)\tEach National Board must publish on its website the fees for which provision has been made in a health profession agreement between the Board and the National Agency.\n27—Co-operation with participating jurisdictions and Commonwealth\n\t(1)\tThe National Agency may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—\n\t(a)\ta government agency of a participating jurisdiction or of the Commonwealth;\n\t(b)\ta local registration authority;\n\t(c)\ta co-regulatory authority;\n\t(d)\ta health complaints entity;\n\t(e)\tan educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.\n\t(2)\tIn particular, the National Agency may—\n\t(a)\task an entity referred to in subsection (1) for information that the Agency requires to exercise its functions under this Law; and\n\t(b)\tuse the information to exercise its functions under this Law.\n\t(3)\tAn entity referred to in subsection (1) that receives a request for information from the National Agency is authorised to give the information to the National Agency.\n28—Office of National Agency\n\t(1)\tThe National Agency is to establish a national office.\n\t(2)\tThe National Agency is also to establish at least one local office in each participating jurisdiction.\nDivision 2—Agency Board\n29—Agency Board\n\t(1)\tThe Australian Health Practitioner Regulation Agency Board is established.\n\t(2)\tThe Agency Board is to consist of at least 5 members appointed by the Ministerial Council.\n\t(3)\tOf the members—\n\t(a)\tone is to be a person appointed by the Ministerial Council as Chairperson, being a person who—\n\t(i)\tis not a registered health practitioner; and\n\t(ii)\thas not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and\n\t(b)\tat least 2 others are to be persons who have expertise in health, or education and training, or both; and\n\t(c)\tat least 2 others are to be persons who are not current or former registered health practitioners and who have business or administrative expertise.\n\t(4)\tSchedule 2 sets out provisions relating to the Agency Board.\n30—Functions of Agency Board\n\t(1)\tThe functions of the Agency Board are as follows—\n\t(a)\tsubject to any directions of the Ministerial Council, to decide the policies of the National Agency;\n\t(b)\tto ensure that the National Agency performs its functions in a proper, effective and efficient way;\n\t(c)\tany other function given to the Board by or under this Law.\n\t(2)\tThe affairs of the National Agency are to be controlled by the Agency Board and all acts and things done in the name of, or on behalf of, the National Agency by or with the authority of the Agency Board are taken to have been done by the National Agency.\nPart 5—National Boards\nDivision 1—National Boards\n31—Regulations must provide for National Boards\n\t(1)\tThe regulations must provide for a National Health Practitioner Board for each health profession.\n\t(2)\tThe regulations may—\n\t(a)\tcontinue an existing Board for a health profession; or\n\t(b)\testablish a Board for a health profession or for 2 or more health professions; or\n\t(c)\tdissolve a Board for a health profession (the dissolved Board) if another Board is established for that health profession (the replacement Board).\n\t(3)\tThe regulations may provide for anything for which it is necessary or convenient to make provision to allow, facilitate or provide for the following—\n\t(a)\tthe continuation, establishment or dissolution of a Board under subsection (2);\n\t(b)\tthe completion of a matter started by the existing Board before the commencement;\n\t(c)\tthe effect of anything done by an existing Board before the commencement;\n\t(d)\tthe transfer of matters from a dissolved Board to a replacement Board.\n\t(4)\tBefore a regulation is made under subsection (2)(b) or (c), the Ministers comprising the Ministerial Council must undertake public consultation on the proposed regulation.\n\t(5)\tHowever, failure to comply with subsection (4) does not affect the validity of the regulation.\n\t(6)\tIn this section—\nexisting Board means a National Health Practitioner Board in existence immediately before the commencement.\n31A—Status of National Board\n\t(1)\tA National Board—\n\t(2)\tA National Board represents the State.\n32—Powers of National Board\n\t(1)\tSubject to subsection (2), a National Board has the powers necessary to enable it to exercise its functions.\n\t(2)\tA National Board does not have power to—\n\t(a)\tenter into contracts; or\n\t(b)\temploy staff; or\n\t(c)\tacquire, hold, dispose of, and deal with, real property.\n\t(3)\tThe National Board may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—\n\t(a)\ta government agency of a participating jurisdiction or of the Commonwealth;\n\t(b)\ta local registration authority;\n\t(c)\ta co-regulatory authority;\n\t(d)\ta health complaints entity;\n\t(e)\tan educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.\n\t(4)\tIn particular, the National Board may—\n\t(a)\task an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and\n\t(b)\tuse the information to exercise its functions under this Law.\n\t(5)\tAn entity referred to in subsection (3) that receives a request for information from the National Board is authorised to give the information to the National Board.\n33—Membership of National Boards\n\t(1)\tA National Board is to consist of members appointed in writing by the Ministerial Council.\n\t(2)\tMembers of a National Board are to be appointed as practitioner members or community members.\n\t(3)\tSubject to this section, the Ministerial Council may decide the size and composition of a National Board.\n\t(4)\tAt least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members.\n\t(5)\tThe practitioner members of a National Board must consist of—\n\t(a)\tat least one member from each large participating jurisdiction; and\n\t(b)\tat least one member from a small participating jurisdiction; and\n\t(c)\tif the National Board is established for 2 or more health professions—at least one member of each health profession for which the Board is established.\n\t(6)\tAt least 2 of the members of a National Board must be persons appointed as community members.\n\t(7)\tAt least one of the members of a National Board must live in a regional or rural area.\n\t(8)\tA person cannot be appointed as a member of a National Board if the person is a member of the Agency Board.\n\t(9)\tOne of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council.\n\t(9A)\tThe regulations may prescribe matters relating to the composition of practitioner members for a National Board established for 2 or more health professions.\n\t(10)\tSchedule 4 sets out provisions relating to a National Board.\n\t(11)\tIn this section—\nlarge participating jurisdiction means any of the following States that is a participating jurisdiction—\n\t(a)\tNew South Wales;\n\t(b)\tQueensland;\n\t(c)\tSouth Australia;\n\t(d)\tVictoria;\n\t(e)\tWestern Australia.\nsmall participating jurisdiction means any of the following States or Territories that is a participating jurisdiction—\n\t(a)\tthe Australian Capital Territory;\n\t(b)\tthe Northern Territory;\n\t(c)\tTasmania.\n34—Eligibility for appointment\n\t(1)\tIn deciding whether to appoint a person as a member of a National Board, the Ministerial Council is to have regard to the skills and experience of the person that are relevant to the Board's functions.\n\t(2)\tA person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in a health profession for which the Board is established.\n\t(3)\tA person is eligible to be appointed as a community member only if the person is not, and has not at any time been, a health practitioner in a health profession for which the Board is established.\n\t(4)\tA person is not eligible to be appointed as a member of a National Board if—\n\t(a)\tin the case of appointment as a practitioner member—the person has, whether before or after the commencement of this Law, as a result of the person's misconduct, impairment or incompetence, ceased to be registered as a health practitioner in a health profession for which the Board is established; or\n\t(b)\tin any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member.\nDivision 2—Functions of National Boards\n35—Functions of National Boards\n\t(1)\tThe functions of a National Board established for a health profession are as follows—\n\t(a)\tto register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession;\n\t(b)\tto decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession;\n\t(c)\tto develop or approve standards, codes and guidelines for the health profession, including—\n\t(i)\tthe approval of accreditation standards developed and submitted to it by an accreditation authority; and\n\t(ii)\tthe development of registration standards for approval by the Ministerial Council; and\n\t(iii)\tthe development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession;\n\t(d)\tto approve accredited programs of study as providing qualifications for registration or endorsement in the health profession;\n\t(e)\tto oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia;\n\t(f)\tto negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement;\n\t(g)\tto oversee the receipt, assessment and investigation of notifications about persons who—\n\t(i)\tare or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or\n\t(ii)\tare students in the health profession;\n\t(h)\tto establish panels to conduct hearings about—\n\t(i)\thealth and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and\n\t(ii)\thealth matters in relation to students registered by the Board;\n\t(i)\tto refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions;\n\t(j)\tto oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students;\n\t(k)\tto make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession;\n\t(l)\tin conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession;\n\t(m)\tin conjunction with the National Agency, to keep an up-to-date national register of students for the health profession;\n\t(n)\tat the Board's discretion, to provide financial or other support for health programs for registered health practitioners and students;\n\t(o)\tto give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession;\n\t(p)\tif asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme;\n\t(q)\tto do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;\n\t(r)\tany other function given to the Board by or under this Law.\n\t(2)\tFor the purposes of subsection (1)(g)—(j), the Board's functions do not include receiving notifications and taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co‑regulatory jurisdiction.\n36—State and Territory Boards\n\t(1)\tA National Board may establish a committee (a State or Territory Board) for a participating jurisdiction to enable the Board to exercise its functions in the jurisdiction in a way that provides an effective and timely local response to health practitioners and other persons in the jurisdiction.\n\t(2)\tA State or Territory Board is to be known as the \"[Name of participating jurisdiction for which it is established] Board\" of the National Board.\n\t(3)\tThe members of a State or Territory Board are to be appointed by the responsible Minister for the participating jurisdiction.\n\t(a)\tThe Pharmacy Board of Australia decides to establish a State or Territory Board for New South Wales. The State or Territory Board will be known as the New South Wales Board of the Pharmacy Board of Australia. The members of the State or Territory Board will be appointed by the responsible Minister for New South Wales.\n\t(b)\tThe Podiatry Board of Australia decides to establish a State or Territory Board for Queensland and the Northern Territory. The State or Territory Board will be known as the Queensland and Northern Territory Board of the Podiatry Board of Australia. The members of the State or Territory Board will be appointed jointly by the responsible Ministers for Queensland and the Northern Territory.\n\t(4)\tIn deciding whether to appoint a person as a member of a State or Territory Board, the responsible Minister is to have regard to the skills and experience of the person that are relevant to the Board's functions.\n\t(5)\tAt least half, but not more than two-thirds, of the members of a State or Territory Board must be persons appointed as practitioner members.\n\t(6)\tAt least 2 of the members of a State or Territory Board must be persons appointed as community members.\nSee section 299 which provides that subsections (5) and (6) do not apply to a State or Territory Board for a jurisdiction for the first 12 months after the jurisdiction becomes a participating jurisdiction.\n\t(7)\tBefore a responsible Minister appoints a member of a State or Territory Board the vacancy to be filled is to be publicly advertised.\n\t(8)\tThe National Agency may assist a responsible Minister in the process of appointing members of a State or Territory Board, including in the advertising of vacancies.\n\t(9)\tIt is not necessary to advertise a vacancy in the membership of a State or Territory Board before appointing a person to act in the office of a member.\nThe general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a State or Territory Board.\n\t(10)\tThis section does not limit clause 11 of Schedule 4.\nClause 11 of Schedule 4 confers power for the establishment of other committees.\n37—Delegation of functions\n\t(1)\tA National Board may delegate any of its functions, other than this power of delegation, to—\n\t(a)\ta committee; or\n\t(b)\tthe National Agency; or\n\t(c)\ta member of the staff of the National Agency; or\n\t(d)\ta person engaged as a contractor by the National Agency.\n\t(2)\tThe National Agency may subdelegate any function delegated to the National Agency by a National Board to a member of the staff of the National Agency.\nDivision 3—Registration standards and codes and guidelines\n38—National Board must develop registration standards\n\t(1)\tA National Board must develop and recommend to the Ministerial Council one or more registration standards about the following matters for a health profession for which the Board is established—\n\t(a)\trequirements for professional indemnity insurance arrangements for registered health practitioners registered in the profession;\n\t(b)\tmatters about the criminal history of applicants for registration in the profession, and registered health practitioners and students registered in a health profession for which the Board is established, including, the matters to be considered in deciding whether an individual's criminal history is relevant to the practice of the profession;\n\t(c)\trequirements for continuing professional development for registered health practitioners registered in the profession;\n\t(d)\trequirements about the English language skills necessary for an applicant for registration in the profession to be suitable for registration in the profession;\n\t(e)\trequirements in relation to the nature, extent, period and recency of any previous practice of the profession by applicants for registration in the profession.\n\t(2)\tSubject to subsection (3), a National Board may also develop, and recommend to the Ministerial Council, one or more registration standards about the following—\n\t(a)\tthe physical and mental health of—\n\t(i)\tapplicants for registration in the profession; and\n\t(ii)\tregistered health practitioners and students;\n\t(b)\tthe scope of practice of health practitioners registered in the profession;\n\t(c)\tany other issue relevant to the eligibility of individuals for registration in the profession or the suitability of individuals to competently and safely practise the profession.\n\t(3)\tA registration standard may not be about a matter for which an accreditation standard may provide.\nAn accreditation standard for a health profession is used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession. Accreditation standards are developed and approved under Division 3 of Part 6.\n39—Codes and guidelines\nA National Board may develop and approve codes and guidelines—\n\t(a)\tto provide guidance to the health practitioners it registers; and\n\t(b)\tabout other matters relevant to the exercise of its functions.\n\t1\tA National Board may develop guidelines about the advertising of regulated health services by health practitioners registered by the Board or other persons for the purposes of section 133.\n\t2\tTo assist a health practitioner in providing practice information under section 132, a National Board may develop guidelines about the information that must be provided to the Board.\n40—Consultation about registration standards, codes and guidelines\n\t(1)\tIf a National Board develops a registration standard or a code or guideline, it must ensure there is wide‑ranging consultation about its content.\n\t(2)\tA contravention of subsection (1) does not invalidate a registration standard, code or guideline.\n\t(3)\tThe following must be published on a National Board's website—\n\t(a)\ta registration standard developed by the Board and approved by the Ministerial Council;\n\t(b)\ta code or guideline approved by the National Board.\n\t(4)\tAn approved registration standard or a code or guideline takes effect—\n\t(a)\ton the day it is published on the National Board's website; or\n\t(b)\tif a later day is stated in the registration standard, code or guideline, on that day.\n41—Use of registration standards, codes or guidelines in disciplinary proceedings\nAn approved registration standard for a health profession, or a code or guideline approved by a National Board, is admissible in proceedings under this Law or a law of a co‑regulatory jurisdiction against a health practitioner registered in a health profession for which the Board is established as evidence of what constitutes appropriate professional conduct or practice for the health profession.\nPart 6—Accreditation\n42—Definition\naccreditation function means—\n\t(a)\tdeveloping accreditation standards for approval by a National Board; or\n\t(b)\tassessing programs of study, and the education providers that provide the programs of study, to determine whether the programs meet approved accreditation standards; or\n\t(c)\tassessing authorities in other countries who conduct examinations for registration in a health profession, or accredit programs of study relevant to registration in a health profession, to decide whether persons who successfully complete the examinations or programs of study conducted or accredited by the authorities have the knowledge, clinical skills and professional attributes necessary to practise the profession in Australia; or\n\t(d)\toverseeing the assessment of the knowledge, clinical skills and professional attributes of overseas qualified health practitioners who are seeking registration in a health profession under this Law and whose qualifications are not approved qualifications for the health profession; or\n\t(e)\tmaking recommendations and giving advice to a National Board about a matter referred to in paragraph (a), (b), (c) or (d).\nDivision 2—Accreditation authorities\n43—Accreditation authority to be decided\n\t(1)\tThe National Board established for a health profession must decide whether an accreditation function for the health profession for which the Board is established is to be exercised by—\n\t(a)\tan external accreditation entity; or\n\t(b)\ta committee established by the Board.\nSee sections 253 and 301 which provide for the performance of accreditation functions for a health profession by external accreditation authorities appointed by the Ministerial Council for a period after the commencement of this Law.\n\t(2)\tThe National Agency may charge an entity the relevant fee for the exercise of an accreditation function by an accreditation committee.\n44—National Agency may enter into contracts with external accreditation entities\nThe National Agency may enter into a contract with an external accreditation entity for the performance by the entity of an accreditation function for a health profession only if the terms of the contract are in accordance with the health profession agreement between the National Agency and the National Board established for that profession.\n45—Accreditation processes to be published\nEach accreditation authority must publish on its website or, if the authority is an accreditation committee, the website of the National Board that established the committee, how it will exercise its accreditation function.\nDivision 3—Accreditation functions\n46—Development of accreditation standards\n\t(1)\tAn accreditation standard for a health profession may be developed by—\n\t(a)\tan external accreditation entity for the health profession; or\n\t(b)\tan accreditation committee established by the National Board established for the health profession.\n\t(2)\tIn developing an accreditation standard for a health profession, an accreditation authority must undertake wide-ranging consultation about the content of the standard.\n47—Approval of accreditation standards\n\t(1)\tAn accreditation authority must, as soon as practicable after developing an accreditation standard for a health profession, submit it to the National Board established for the health profession.\n\t(2)\tAs soon as practicable after a National Board receives an accreditation standard under subsection (1), the Board must decide to—\n\t(a)\tapprove the accreditation standard; or\n\t(b)\trefuse to approve the accreditation standard; or\n\t(c)\task the accreditation authority to review the standard.\n\t(3)\tIf the National Board decides to approve the accreditation standard it must give written notice of the approval to—\n\t(a)\tthe National Agency; and\n\t(b)\tthe accreditation authority that submitted the standard to the Board.\n\t(4)\tIf the National Board decides to refuse to approve the accreditation standard—\n\t(a)\tit must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the standard; and\n\t(b)\tthe accreditation authority is entitled to publish any information or advice it gave the Board about the standard.\n\t(5)\tIf the National Board decides to ask the accreditation authority to review the standard it must give the authority a written notice that—\n\t(a)\tstates that the authority is being asked to review the standard; and\n\t(b)\tidentifies the matters the authority is to address before again submitting the standard to the Board.\n\t(6)\tAn accreditation standard approved by a National Board must be published on its website.\n\t(7)\tAn accreditation standard takes effect—\n\t(a)\ton the day it is published on the National Board's website; or\n\t(b)\tif a later day is stated in the standard, on that day.\n48—Accreditation of programs of study\n\t(1)\tAn accreditation authority for a health profession may accredit a program of study if, after assessing the program, the authority is reasonably satisfied—\n\t(a)\tthe program of study, and the education provider that provides the program of study, meet an approved accreditation standard for the profession; or\n\t(b)\tthe program of study, and the education provider that provides the program of study, substantially meet an approved accreditation standard for the profession and the imposition of conditions on the approval will ensure the program meets the standard within a reasonable time.\n\t(2)\tIf the accreditation authority decides to accredit a program of study, with or without conditions, it must give to the National Board established for the health profession a report about the authority's accreditation of the program.\n\t(3)\tIf the accreditation authority decides to refuse to accredit a program of study it must give written notice of the decision to the education provider that provides the program of study.\n\t(4)\tThe notice must state—\n\t(b)\tthat, within 30 days after receiving the notice, the education provider may apply to the accreditation authority for an internal review of the decision; and\n\t(c)\thow the education provider may apply for the review.\n\t(5)\tAn education provider given a notice under subsection (3) may apply, as stated in the notice, for an internal review of the accreditation authority's decision to refuse to accredit the program of study.\n\t(6)\tThe internal review must not be carried out by a person who assessed the program of study for the accreditation authority.\n49—Approval of accredited programs of study\n\t(1)\tIf a National Board is given a report by an accreditation authority about the authority's accreditation of a program of study, the Board may approve, or refuse to approve, the accredited program of study as providing a qualification for the purposes of registration in a health profession for which the Board is established.\n\t(2)\tAn approval under subsection (1) may be granted subject to the conditions the National Board considers necessary or desirable in the circumstances.\n\t(3)\tIf the National Board decides to approve the accredited program of study it must give written notice of the approval to—\n\t(a)\tthe National Agency for inclusion of the program of study in the list under subsection (5); and\n\t(b)\tthe accreditation authority that submitted the program to the Board.\n\t(4)\tIf the National Board decides to refuse to approve the accredited program of study—\n\t(a)\tit must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the program; and\n\t(b)\tthe accreditation authority is entitled to publish any information or advice it gave the Board about the program.\n\t(5)\tA list of the programs of study approved by a National Board as providing a qualification for registration in a health profession for which the Board is established must be published on the National Agency's website.\n\t(6)\tThe list of approved programs of study published under subsection (5) must include, for each program of study, the name of the university, specialist medical or other college or other education provider that provides the approved program of study.\n\t(7)\tAn approval under subsection (1) does not take effect until the program of study is included in the list published under subsection (5).\n50—Accreditation authority to monitor approved programs of study\n\t(1)\tThe accreditation authority that accredited an approved program of study must monitor the program and the education provider that provides the program to ensure the authority continues to be satisfied the program and provider meet an approved accreditation standard for the health profession.\n\t(2)\tIf the accreditation authority reasonably believes the program of study and education provider no longer meet an approved accreditation standard for the health profession, the accreditation authority must—\n\t(a)\tdecide to—\n\t(i)\timpose the conditions on the accreditation that the accreditation authority considers necessary to ensure the program of study will meet the standard within a reasonable time; or\n\t(ii)\trevoke the accreditation of the program of study; and\n\t(b)\tgive the National Board that approved the accredited program of study written notice of the accreditation authority's decision.\n51—Changes to approval of program of study\n\t(1)\tIf a National Board is given notice under section 50(2)(b) that an accreditation authority has revoked the accreditation of a program of study approved by the Board, the Board's approval of the program is taken to have been cancelled at the same time the accreditation was revoked.\n\t(2)\tIf a National Board reasonably believes, because of a notice given to the Board under section 50(2)(b) or for any other reason, that an accredited program of study approved by the Board no longer provides a qualification for the purposes of registration in a health profession for which the Board is established, the Board may decide to—\n\t(a)\timpose the conditions the Board considers necessary or desirable on the approval of the accredited program of study to ensure the program provides a qualification for the purposes of registration; or\n\t(b)\tcancel its approval of the accredited program of study.\n\t(3)\tIf a National Board makes a decision under subsection (2), it must give written notice of the decision, including the reasons for the decision, to the accreditation authority that accredited the program.\n","sortOrder":25},{"sectionNumber":"Part 7","sectionType":"part","heading":"Registration of health practitioners","content":"Part 7—Registration of health practitioners\nDivision 1—General registration\n52—Eligibility for general registration\n\t(1)\tAn individual is eligible for general registration in a health profession if—\n\t(a)\tthe individual is qualified for general registration in the health profession; and\n\t(b)\tthe individual has successfully completed—\n\t(i)\tany period of supervised practice in the health profession required by an approved registration standard for the health profession; or\n\t(ii)\tany examination or assessment required by an approved registration standard for the health profession to assess the individual's ability to competently and safely practise the profession; and\n\t(c)\tthe individual is a suitable person to hold general registration in the health profession; and\n\t(d)\tthe individual is not disqualified under this Law or a law of a co‑regulatory jurisdiction from applying for registration, or being registered, in the health profession; and\n\t(e)\tthe individual meets any other requirements for registration stated in an approved registration standard for the health profession.\n\t(2)\tWithout limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for general registration in the profession by doing either or both of the following—\n53—Qualifications for general registration\nAn individual is qualified for general registration in a health profession if—\n\t(a)\tthe individual holds an approved qualification for the health profession; or\n\t(b)\tthe individual holds a qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification; or\n\t(c)\tthe individual holds a qualification, not referred to in paragraph (a) or (b), relevant to the health profession and has successfully completed an examination or other assessment required by the National Board for the purpose of general registration in the health profession; or\n\t(d)\tthe individual—\n\t(i)\tholds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for general registration (however described) in the health profession; and\n\t(ii)\twas previously registered under this Law or the corresponding prior Act on the basis of holding that qualification.\n54—Examination or assessment for general registration\nFor the purposes of section 52(1)(b)(ii), if a National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.\n55—Unsuitability to hold general registration\n\t(1)\tA National Board may decide an individual is not a suitable person to hold general registration in a health profession if—\n\t(a)\tin the Board's opinion, the individual has an impairment that would detrimentally affect the individual's capacity to practise the profession to such an extent that it would or may place the safety of the public at risk; or\n\t(b)\thaving regard to the individual's criminal history to the extent that is relevant to the individual's practice of the profession, the individual is not, in the Board's opinion, an appropriate person to practise the profession or it is not in the public interest for the individual to practise the profession; or\n\t(c)\tthe individual has previously been registered under a relevant law and during the period of that registration proceedings under Part 8, or proceedings that substantially correspond to proceedings under Part 8, were started against the individual but not finalised; or\n\t(d)\tin the Board's opinion, the individual's competency in speaking or otherwise communicating in English is not sufficient for the individual to practise the profession; or\n\t(e)\tthe individual's registration (however described) in the health profession in a jurisdiction that is not a participating jurisdiction, whether in Australia or elsewhere, is currently suspended or cancelled on a ground for which an adjudication body could suspend or cancel a health practitioner's registration in Australia; or\n\t(f)\tthe nature, extent, period and recency of any previous practice of the profession is not sufficient to meet the requirements specified in an approved registration standard relevant to general registration in the profession; or\n\t(g)\tthe individual fails to meet any other requirement in an approved registration standard for the profession about the suitability of individuals to be registered in the profession or to competently and safely practise the profession; or\n\t(h)\tin the Board's opinion, the individual is for any other reason—\n\t(i)\tnot a fit and proper person for general registration in the profession; or\n\t(ii)\tunable to practise the profession competently and safely.\nrelevant law means—\n\t(a)\tthis Law or a corresponding prior Act; or\n\t(b)\tthe law of another jurisdiction, whether in Australia or elsewhere.\n56—Period of general registration\n\t(1)\tThe period of registration that is to apply to a health practitioner granted general registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board's website.\n\t(2)\tIf the National Board decides to register a health practitioner in the health profession during a registration period, the registration—\nDivision 2—Specialist registration\n57—Eligibility for specialist registration\n\t(1)\tAn individual is eligible for specialist registration in a recognised specialty in a health profession if—\n\t(a)\tthe individual is qualified for registration in the specialty; and\n\t(b)\tthe individual has successfully completed—\n\t(i)\tany period of supervised practice in the specialty required by an approved registration standard for the health profession; or\n\t(ii)\tany examination or assessment required by an approved registration standard for the health profession to assess the individual's ability to competently and safely practise the specialty; and\n\t(c)\tthe individual is a suitable person to hold registration in the health profession; and\n\t(d)\tthe individual is not disqualified under this Law or a law of a co‑regulatory jurisdiction from applying for registration, or being registered, in the specialty; and\n\t(e)\tthe individual meets any other requirements for registration stated in an approved registration standard for the specialty.\n\t(2)\tWithout limiting subsection (1), the National Board may decide the individual is eligible for registration in the recognised specialty by doing either or both of the following—\n58—Qualifications for specialist registration\nAn individual is qualified for specialist registration in a recognised specialty in a health profession if the individual—\n\t(a)\tholds an approved qualification for the specialty; or\n\t(b)\tholds another qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification for the specialty; or\n\t(c)\tholds a qualification, not referred to in paragraph (a) or (b), relevant to the specialty and has successfully completed an examination or other assessment required by the National Board for the purpose of registration in the specialty; or\n\t(d)\tthe individual—\n\t(i)\tholds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for specialist registration (however described) in the specialty; and\n\t(ii)\twas previously registered under this Law or the corresponding prior Act on the basis of holding that qualification for the specialty.\n59—Examination or assessment for specialist registration\nFor the purposes of section 57(1)(b)(ii), if the National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.\n60—Unsuitability to hold specialist registration\n\t(1)\tSection 55 applies to the making of a decision by a National Board that an individual is not a suitable person to hold specialist registration in a recognised specialty.\n\t(2)\tFor the purposes of subsection (1), a reference in section 55 to—\n\t(a)\tgeneral registration in the health profession is taken to be a reference to specialist registration in a recognised specialty; and\n\t(b)\tthe health profession is taken to be a reference to the recognised specialty.\n61—Period of specialist registration\n\t(1)\tThe period of registration that is to apply to a health practitioner granted specialist registration in a recognised specialty in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board's website.\n\t(2)\tIf the National Board decides to register a health practitioner in a recognised specialty for the health profession during a registration period, the specialist registration—\nDivision 3—Provisional registration\n62—Eligibility for provisional registration\n\t(1)\tAn individual is eligible for provisional registration in a health profession, to enable the individual to complete a period of supervised practice that the individual requires to be eligible for general registration in the health profession, if—\n\t(a)\tthe individual is qualified for general registration in the profession; and\n\t(b)\tthe individual is a suitable person to hold provisional registration in the profession; and\n\t(c)\tthe individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for, or being registered in, the profession; and\n\t(d)\tthe individual meets any other requirements for registration stated in an approved registration standard for the health profession.\n\t(2)\tWithout limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for provisional registration in the health profession by doing either or both of the following—\n63—Unsuitability to hold provisional registration\n\t(1)\tSection 55 applies to a decision by a National Board that an individual is not a suitable person to hold provisional registration in a health profession.\n\t(2)\tFor the purposes of subsection (1), a reference in section 55 to general registration in the health profession is taken to be a reference to provisional registration in the health profession.\n64—Period of provisional registration\n\t(1)\tThe period of registration (the registration period) that is to apply to a health practitioner granted provisional registration in a health profession is—\n\t(a)\tthe period decided by the National Board established for the profession, but not more than 12 months, and published on the Board's website; or\n\t(b)\tthe longer period prescribed by a regulation.\n\t(2)\tIf the National Board decides to register a health practitioner in the health profession during a registration period, the registration—\n\t(3)\tProvisional registration may not be renewed more than twice.\nIf an individual were not able to complete the supervised practice the individual requires for general registration in a health profession during the period consisting of the individual's initial period of registration and 2 renewals of that registration, the individual would need to make a new application for provisional registration in the profession.\nDivision 4—Limited registration\n65—Eligibility for limited registration\n\t(1)\tAn individual is eligible for limited registration in a health profession if—\n\t(a)\tthe individual is not qualified for general registration in the profession or specialist registration in a recognised speciality in the profession; and\n\t(b)\tthe individual is qualified under this Division for limited registration; and\n\t(c)\tthe individual is a suitable person to hold limited registration in the profession; and\n\t(d)\tthe individual is not disqualified under this Law or a law of a co‑regulatory jurisdiction from applying for registration, or being registered, in the health profession; and\n\t(e)\tthe individual meets any other requirements for registration stated in an approved registration standard for the health profession.\n\t(1a)\tSubsection (1b) applies if—\n\t(a)\tan individual is registered in a health profession for which divisions are included in the National Register kept for the profession; and\n\t(b)\tthe individual holds general or limited registration in a division.\n\t(1b)\tDespite subsection (1)(a) and (b), the individual is eligible for limited registration in another division of the profession if the individual—\n\t(a)\tis not qualified for general registration under the other division; and\n\t(b)\tis qualified under this Division for limited registration under the other division.\n\t(2)\tWithout limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for limited registration in the profession by doing either or both of the following—\n66—Limited registration for postgraduate training or supervised practice\n\t(1)\tAn individual may apply for limited registration to enable the individual to undertake a period of postgraduate training or supervised practice in a health profession, or to undertake assessment or sit an examination, approved by the National Board established for the profession.\n\t(2)\tThe individual is qualified for the limited registration applied for if the National Board is satisfied the individual has completed a qualification that is relevant to, and suitable for, the postgraduate training, supervised practice, assessment or examination.\n67—Limited registration for area of need\n\t(1)\tAn individual may apply for limited registration to enable the individual to practise a health profession in an area of need decided by the responsible Minister under subsection (5).\n\t(2)\tThe individual is qualified for the limited registration applied for if the National Board is satisfied the individual's qualifications and experience are relevant to, and suitable for, the practice of the profession in the area of need.\n\t(3)\tThe National Board must consider the application but is not required to register the individual merely because there is an area of need.\n\t(4)\tIf the National Board grants the individual limited registration to enable the individual to practise the profession in the area of need, the individual must not practise the profession other than in the area of need specified in the individual's certificate of registration.\n\t(5)\tA responsible Minister for a participating jurisdiction may decide there is an area of need for health services in the jurisdiction, or part of the jurisdiction, if the Minister considers there are insufficient health practitioners practising in a particular health profession in the jurisdiction or the part of the jurisdiction to provide services that meet the needs of people living in the jurisdiction or the part of the jurisdiction.\n\t(6)\tIf a responsible Minister decides there is an area of need under subsection (5), the responsible Minister must give the National Board established for the health profession written notice of the decision.\n\t(7)\tA responsible Minister may delegate the Minister's power under this section to an appropriately qualified person.\n\t(8)\tIn this section—\nappropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power.\nhealth services means the provision of services by health practitioners in a particular health profession.\n68—Limited registration in public interest\n\t(1)\tAn individual may apply for limited registration to enable the individual to practise a health profession for a limited time, or for a limited scope, in the public interest.\n\t(2)\tThe individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied it is in the public interest for an individual with the individual's qualifications and experience to practise the profession for that time or scope.\n69—Limited registration for teaching or research\n\t(1)\tAn individual may apply for limited registration in a health profession to enable the individual to fill a teaching or research position.\n\t(2)\tThe individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied the individual's qualifications are relevant to, and suitable for, the position.\n70—Unsuitability to hold limited registration\n\t(1)\tSection 55 applies to a decision by a National Board that an individual is not a suitable person to hold limited registration in a health profession.\n\t(2)\tFor the purposes of subsection (1), a reference in section 55 to general registration in the health profession is taken to be a reference to limited registration in the health profession.\n71—Limited registration not to be held for more than one purpose\n\t(1)\tSubsection (2) applies to a health profession for which a division is not included in the National Register kept for the profession.\n\t(2)\tAn individual registered in the health profession may not hold limited registration in the same health profession for more than one purpose under this Division at the same time.\n\t(3)\tSubsection (4) applies to a health profession for which divisions are included in the National Register kept for the profession.\n\t(4)\tAn individual registered in the health profession may not hold limited registration in the same division of the profession for more than one purpose under this Division at the same time.\n72—Period of limited registration\n\t(1)\tThe period of registration that is to apply to a health practitioner granted limited registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board's website.\n\t(2)\tIf the National Board decides to register a health practitioner in the health profession during a registration period, the registration—\n\t(3)\tLimited registration may not be renewed more than 3 times.\nIf an individual had been granted limited registration in a health profession for a purpose under this Division, had subsequently renewed the registration in the profession for that purpose 3 times and at the end of the period wished to continue holding limited registration in the profession for that purpose, the individual would need to make a new application for limited registration in the profession for that purpose.\nDivision 5—Non-practising registration\n73—Eligibility for non-practising registration\nAn individual is eligible for non‑practising registration in a health profession if—\n\t(a)\tthe individual—\n\t(i)\tholds or has held general registration in the health profession under this Law; or\n\t(ii)\tholds or has held specialist registration in a recognised speciality in the health profession under this Law; or\n\t(iii)\theld registration in the health profession under a corresponding prior Act that was equivalent to general registration or specialist registration in the health profession under this Law;\n\t(b)\tthe individual is a suitable person to hold non‑practising registration in the profession.\n74—Unsuitability to hold non-practising registration\nA National Board may decide an individual is not a suitable person to hold non‑practising registration in a health profession if—\n\t(a)\thaving regard to the individual's criminal history to the extent that is relevant to the individual's practise of the profession, the individual is not, in the Board's opinion, an appropriate person to hold registration in the profession or it is not in the public interest for the individual to hold registration in the profession; or\n\t(aa)\tthe person's registration has been withdrawn by a National Board under section 85A; or\n\t(b)\tin the Board's opinion, the individual is for any other reason not a fit and proper person to hold non‑practising registration in the profession.\n75—Registered health practitioner who holds non‑practising registration must not practise the profession\n\t(1)\tA registered health practitioner who holds non‑practising registration in a health profession must not practise the profession.\n\t(2)\tA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n76—Period of non‑practising registration\n\t(1)\tThe period of registration that is to apply to a health practitioner granted non‑practising registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board's website.\n\t(2)\tIf the National Board decides to register a health practitioner in the health profession during a registration period, the registration—\nDivision 6—Application for registration\n77—Application for registration\n\t(1)\tAn individual may apply to a National Board for registration in a health profession for which the Board is established.\n\t(2)\tAn application must—\n\t(c)\tbe accompanied by proof of the applicant's identity; and\n\t(d)\tbe accompanied by any other information reasonably required by the Board.\n\t(3)\tWithout limiting subsection (2)(a), a form approved by a National Board for the purposes of that subsection must require an applicant—\n\t(a)\tto provide a declaration about—\n\t(i)\tthe address at which the applicant will predominantly practise the profession; or\n\t(ii)\tif the applicant will not be practising the profession or will not predominantly practise the profession at one address, the address that is the applicant's principal place of residence; and\n\t(b)\tto provide an address to be used by the Board in corresponding with the applicant; and\n\t(c)\tto disclose the applicant's criminal history; and\n\t(d)\tto authorise the Board to obtain the applicant's criminal history.\nSee the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.\n\t(4)\tA criminal history law does not apply to the requirement under subsection (3)(c) for the applicant to disclose the applicant's criminal history.\n\t(5)\tInformation in the application must, if the approved form requires, be verified by a statutory declaration.\n78—Power to check applicant's proof of identity\n\t(1)\tIf an applicant for registration gives a National Board a document as evidence of the applicant's identity under this section, the Board may, by written notice, ask the entity that issued the document—\n\t(a)\tto confirm the validity of the document; or\n\t(b)\tto give the Board other information relevant to the applicant's identity.\n\t(2)\tAn entity given a notice under subsection (1) is authorised to give the National Board the information requested in the notice.\n79—Power to check applicant's criminal history\n\t(1)\tBefore deciding an application for registration, a National Board must check the applicant's criminal history.\n\t(2)\tFor the purposes of checking an applicant's criminal history, a National Board may obtain a written report about the criminal history of the applicant from any of the following—\n\t(a)\tACC;\n\t(b)\ta police commissioner;\n\t(c)\tan entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.\n\t(3)\tA criminal history law does not apply to a report about an applicant's criminal history under subsection (2).\n80—Boards' other powers before deciding application for registration\n\t(1)\tBefore deciding an application for registration, a National Board may—\n\t(a)\tinvestigate the applicant, including, for example, by asking an entity—\n\t(i)\tto give the Board information about the applicant; or\n\t(ii)\tto verify information or a document that relates to the applicant;\nIf the applicant is or has been registered by another registration authority, the National Board may ask the registration authority for information about the applicant's registration status.\nThe National Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant.\n\t(b)\tby written notice given to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; and\n\t(c)\tby written notice given to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; and\n\t(d)\tby written notice given to the applicant, require the applicant to undergo an examination or assessment, within a reasonable time stated in the notice and at a reasonable place, to assess the applicant's ability to practise the health profession in which registration is sought; and\n\t(e)\tby written notice given to the applicant, require the applicant to undergo a health assessment, within a reasonable time stated in the notice and at a reasonable place.\n\t(2)\tThe National Board may require the information or document referred to in subsection (1)(b) to be verified by a statutory declaration.\n\t(3)\tIf the National Board requires an applicant to undertake an examination or assessment under subsection (1)(d) to assess the applicant's ability to practise the health profession—\n\t(a)\tthe examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise; and\n\t(b)\tthe National Agency may require the applicant to pay the relevant fee.\n\t(4)\tA notice under subsection (1)(d) or (e) must state—\n\t(a)\tthe reason for the examination or assessment; and\n\t(b)\tthe name and qualifications of the person appointed by the National Board to conduct the examination or assessment; and\n\t(c)\tthe place where, and the day and time at which, the examination or assessment is to be conducted.\n\t(5)\tThe applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1).\n81—Applicant may make submissions about proposed refusal of application or imposition of condition\n\t(1)\tIf, after considering an application for registration, a National Board is proposing to refuse to register the applicant or to register the applicant subject to a condition, the Board must give the applicant written notice of the proposal.\n\t(b)\tinvite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.\n82—Decision about application\n\t(1)\tAfter considering an application for registration and any submissions made in accordance with a notice under section 81, a National Board established for a health profession must—\n\t(a)\tdecide to grant the applicant the type of registration in the health profession applied for if the applicant is eligible for that type of registration under a relevant section; or\n\t(b)\tdecide to grant the applicant a type of registration in the health profession, other than the type of registration applied for, for which the applicant is eligible under a relevant section; or\n\t(c)\tdecide to refuse to grant the applicant registration in the health profession if—\n\t(i)\tthe applicant is ineligible for registration in the profession under a relevant section because the applicant—\n\t(A)\tis not qualified for registration; or\n\t(B)\thas not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual's ability to practise the profession; or\n\t(C)\tis not a suitable person to hold registration; or\n\t(D)\tis disqualified under this Law from applying for registration, or being registered, in the health profession; or\n\t(E)\tdoes not meet a requirement for registration stated in an approved registration standard for the profession; or\n\t(ii)\tit would be improper to register the applicant because the applicant or someone else gave the National Board information or a document in relation to the application that was false or misleading in a material particular.\nrelevant section means section 52, 57, 62, 65 or 73.\n83—Conditions of registration\n\t(1)\tIf a National Board decides to register a person in a health profession for which the Board is established, the registration is subject to any condition the Board considers necessary or desirable in the circumstances.\nA failure by a registered health practitioner to comply with a condition of the practitioner's registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\t(2)\tIf the National Board decides to register the person subject to a condition referred to in subsection (1), the Board must decide a review period for the condition.\n83A—Undertakings at registration\nIf a National Board decides to register a person in a health profession for which the Board is established, the Board may accept any undertaking from the person the Board considers necessary or desirable in the circumstances.\n84—Notice to be given to applicant\n\t(1)\tWithin 30 days after making the decision under section 82, the National Board must—\n\t(a)\tgive the applicant written notice of the Board's decision; and\n\t(b)\tif the Board decides to register the applicant, give the applicant a certificate of registration.\n\t(2)\tIf the Board decides not to register the applicant, or decides to register the applicant in a type of registration other than the registration applied for or subject to a condition, the notice under subsection (1)(a) must state—\n\t(b)\tthat the applicant may appeal against the decision; and\n85—Failure to decide application\nIf a National Board fails to decide an application for registration within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to register the applicant.\n","sortOrder":26},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Withdrawal of registration","content":"Division 6A—Withdrawal of registration\n85A—Power to withdraw registration\nA National Board may withdraw the registration of a registered health practitioner registered in a health profession for which the Board is established if the Board reasonably believes the practitioner's registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.\n85B—Registered health practitioner may make submissions about proposed withdrawal of registration\n\t(1)\tIf a National Board is proposing to withdraw a registered health practitioner's registration under section 85A, the Board must give the practitioner written notice of the proposal.\n\t(b)\tinvite the registered health practitioner to make a written or verbal submission to the National Board, within the reasonable time stated in the notice, about the proposal.\n\t(3)\tThis section does not prevent a National Board from taking immediate action under Division 7 of Part 8 in relation to the registered health practitioner.\n85C—Decision about withdrawal of registration\nAfter considering any submissions made in accordance with a notice under section 85B, the National Board must—\n\t(a)\tdecide—\n\t(i)\tthe registration was not improperly obtained on the ground the registered health practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and\n\t(ii)\tno further action is to be taken; or\n\t(b)\tdecide the registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular and do one or more of the following—\n\t(i)\twithdraw the practitioner's registration;\n\t(ii)\trefer the matter to a responsible tribunal;\n\t(iii)\ttake other appropriate action under Part 8.\n85D—Notice to be given to registered health practitioner\n\t(1)\tThe National Board must give the registered health practitioner written notice of the Board's decision under section 85C as soon as practicable, but no later than 30 days after making the decision.\n\t(2)\tIf the National Board decides to withdraw the registered health practitioner's registration, the notice must state—\n\t(b)\tthat the practitioner may appeal against the decision; and\n\t(c)\thow the application for appeal may be made and the period within which the application must be made.\nIf, under section 85C(b)(ii) or (iii), the National Board decides to refer the matter to a responsible tribunal or take other appropriate action under Part 8, notice of the referral or other action will be given to the registered health practitioner under the relevant provision of Part 8.\n85E—When decision takes effect\nThe decision by the National Board to withdraw a person's registration takes effect on—\n\t(a)\tthe day notice of the Board's decision is given to the person; or\nDivision 7—Student registration\nSubdivision 1—Persons undertaking approved programs of study\n86—Definitions\nIn this Subdivision—\napproved program of study, for a health profession, does not include an approved program of study that provides a qualification for endorsement of registration in the profession but does not qualify a person for registration in the profession.\nparticulars means particulars required to be included in the student register.\n87—National Board must register persons undertaking approved program of study\n\t(1)\tThe National Board established for a health profession must decide whether persons who are undertaking an approved program of study for the health profession must be registered—\n\t(a)\tfor the entire period during which the persons are enrolled in the approved program of study; or\n\t(b)\tfor the period starting when the persons begin a particular part of the approved program of study and ending when the persons complete, or otherwise cease to be enrolled in, the program.\n\t(2)\tIn deciding whether to register persons undertaking an approved program of study for the entire period of the program of study or only part of the period, the National Board must have regard to—\n\t(a)\tthe likelihood that persons undertaking the approved program of study will, in the course of undertaking the program, have contact with members of the public; and\n\t(b)\tif it is likely that the persons undertaking the approved program of study will have contact with members of the public—\n\t(i)\twhen in the approved program of study it is likely the persons will have contact with members of the public; and\n\t(ii)\tthe potential risk that contact may pose to members of the public.\n88—National Board may ask education provider for list of persons undertaking approved program of study\n\t(1)\tFor the purposes of registering persons as required by section 87, a National Board may, at any time by written notice given to an education provider, ask the provider for the following—\n\t(a)\tthe particulars of all persons who are undertaking an approved program of study for a health profession for which the Board is established;\n\t(b)\tthe particulars of all persons who will be undertaking the part of the approved program of study specified in the notice.\n\t(2)\tAn education provider given a notice under subsection (1) must not fail, without reasonable excuse, to comply with the notice.\n\t(3)\tA contravention of subsection (2) does not constitute an offence.\n\t(4)\tHowever, if an education provider does not comply with a notice under subsection (1)—\n\t(a)\tthe National Board that gave the education provider the notice must publish details of the failure to comply with the notice on the Board's website; and\n\t(b)\tthe National Agency may, on the recommendation of the National Board, include a statement about the failure to comply with the notice in the Agency's annual report.\n89—Registration of students\n\t(1)\tOn receipt of the particulars of persons undertaking an approved program of study, or part of an approved program of study, under section 88—\n\t(a)\tthe National Board may register the persons as students in the health profession by entering the persons' particulars in the student register kept by the Board; or\n\t(b)\tthe National Board may—\n\t(i)\tby written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and\n\t(ii)\ton receipt of the person's application form, register the person as a student in the health profession by entering the person's particulars in the student register kept by the Board.\n\t(2)\tThe National Board must not register a person as a student if the person is undertaking an approved program of study for a health profession in which the person already holds registration under Division 6.\n\t(3)\tThe National Board must not require a person to pay a fee for registration as a student.\n\t(4)\tAs soon as practicable after registering a person as a student, a National Board must give written notice of the registration to—\n\t(a)\tthe education provider that provided the student's particulars to the Board; and\n\t(b)\tif the Board required the person to complete an application form for registration, the student.\n\t(5)\tAs soon as practicable after receiving notice that a student has been registered under subsection (1)(a), the education provider must give written notice of the registration to the student.\n90—Period of student registration\nThe period of registration for a student—\n\t(a)\tstarts when the student is registered under section 89; and\n\t(b)\texpires at the end of the day on which the student completes, or otherwise ceases to be enrolled in, the approved program of study.\nSubdivision 2—Other persons to be registered as students\n91—Education provider to provide lists of persons\n\t(1)\tIf an education provider arranges clinical training in a health profession for a person who is not enrolled in an approved program of study for the profession, the education provider must give the National Board established for the profession written notice about the arrangement.\n\t(2)\tSubsection (1) does not apply if the person is a registered health practitioner who is registered in the health profession in which the clinical training is being undertaken.\n\t(3)\tA notice under subsection (1) must include—\n\t(a)\tthe particulars of the person undertaking the clinical training; and\n\t(b)\tparticulars of the arrangement for the person to undertake the clinical training.\n\t(4)\tOn receipt of a notice under subsection (1)—\n\t(a)\tthe National Board may register the persons as students in the health profession by entering the persons' particulars in the student register kept by the Board; or\n\t(b)\tthe National Board may—\n\t(i)\tby written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and\n\t(ii)\ton receipt of the person's application form, register the person as a student in the health profession by entering the person's particulars in the student register kept by the Board.\n\t(5)\tAs soon as practicable after registering a person as a student under subsection (4), a National Board must give written notice of the registration to the education provider that provided the student's particulars to the Board.\n\t(6)\tThe National Board must not require a person to pay a fee for registration as a student.\n\t(7)\tA student's period of registration under this section—\n\t(a)\tstarts when the student is registered under subsection (4); and\n\t(b)\texpires at the end of the day on which the person completes, or otherwise ceases to undertake, the period of clinical training.\nSubdivision 3—General provisions applicable to students\n92—Notice to be given if student registration suspended or conditions imposed\n\t(1)\tThis section applies if, at any time, any of the following events occurs—\n\t(a)\ta person's registration as a student under this Law is suspended;\n\t(b)\ta condition is imposed on a person's registration as a student under this Law or a condition to which a person's registration is subject is changed or removed;\n\t(c)\ta National Board accepts an undertaking from a person who is a student.\n\t(2)\tThe National Board established for the person's health profession must, as soon as practicable after the event occurs, give written notice of the event to the education provider with which the person is undertaking the approved program of study.\n\t(3)\tIf an education provider is given a notice under subsection (2) about a person, the education provider must, as soon as practicable after receiving the notice, give notice of the event to any entity with whom the person is undertaking training as part of the approved program of study.\n93—Report to National Board of cessation of status as student\n\t(a)\ta student completes, or otherwise ceases to be enrolled in, an approved program of study for a health profession provided by an education provider; or\n\t(b)\ta student completes, or otherwise ceases to undertake, clinical training in a health profession arranged by an education provider.\n\t(2)\tThe education provider must give written notice of the student ceasing to be enrolled in the program of study, or to undertake the clinical training, to the National Board established for the health profession within 60 days of it occurring.\n\t(3)\tA contravention of subsection (2) does not constitute an offence.\n\t(4)\tHowever, if an education provider contravenes subsection (2)—\n\t(a)\tthe National Board must publish details of the contravention on the Board's website; and\n\t(b)\tthe National Agency may, on the recommendation of the National Board, include a statement about the contravention in the Agency's annual report.\n","sortOrder":27},{"sectionNumber":"Div 8","sectionType":"division","heading":"Endorsement of registration","content":"Division 8—Endorsement of registration\nSubdivision 1—Endorsement in relation to scheduled medicines\n94—Endorsement for scheduled medicines\n\t(1)\tA National Board may, in accordance with an approval given by the Ministerial Council under section 14, endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines if the practitioner—\n\t(ii)\tanother qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n\t(b)\tcomplies with any approved registration standard relevant to the endorsement.\nThe endorsement of a health practitioner's registration under this section indicates the practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of medicines specified in the endorsement but does not authorise the practitioner to do so. The authorisation of a health practitioner to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines in a participating jurisdiction will be provided for by or under another Act of that jurisdiction.\nHealth practitioners registered in certain health professions will be authorised to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines by or under an Act of a participating jurisdiction without the need for the health practitioners to hold an endorsement under this Law.\n\t(a)\tthe scheduled medicine or class of scheduled medicines to which the endorsement relates; and\n\t(b)\twhether the registered health practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of scheduled medicines; and\n\t(c)\tif the endorsement is for a limited period, the date the endorsement expires.\nSubdivision 2—Endorsement in relation to nurse practitioners\n95—Endorsement as nurse practitioner\n\t(1)\tThe National Board for the nursing profession may endorse the registration of a registered health practitioner whose name is included in the Register of Nurses as being qualified to practise as a nurse practitioner if the practitioner—\n\t(ii)\tanother qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n\t(b)\tcomplies with any approved registration standard relevant to the endorsement.\n\t(a)\tthat the registered health practitioner is entitled to use the title \"nurse practitioner\"; and\n\t(b)\tany conditions applicable to the practice by the registered health practitioner as a nurse practitioner.\nSubdivision 4—Endorsement in relation to acupuncture\n97—Endorsement for acupuncture\n\t(1)\tA National Board may endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise as an acupuncturist if the practitioner—\n\t(ii)\tanother qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n\t(b)\tcomplies with an approved registration standard relevant to the endorsement.\n\t(a)\tthat the registered health practitioner is entitled to use the title \"acupuncturist\"; and\n\t(b)\tany conditions applicable to the practice of acupuncture by the registered health practitioner.\nSubdivision 5—Endorsements in relation to approved areas of practice\n98—Endorsement for approved area of practice\n\t(1)\tA National Board established for a health profession may, in accordance with an approval given by the Ministerial Council under section 15, endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise in an approved area of practice for the health profession if the practitioner—\n\t(ii)\tanother qualification that, in the Board's opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and\n\t(b)\tcomplies with an approved registration standard relevant to the endorsement.\n\t(a)\tthe approved area of practice to which the endorsement relates; and\n\t(b)\tany conditions applicable to the practice by the registered health practitioner in the approved area of practice.\nSubdivision 6—Application for endorsement\n99—Application for endorsement\n\t(1)\tAn individual may apply to a National Board for endorsement of the individual's registration.\n\t(2)\tThe application must—\n\t(c)\tbe accompanied by any other information reasonably required by the Board.\n\t(3)\tFor the purposes of subsection (2)(c), the information a National Board may require an applicant to provide includes—\n\t(a)\tevidence of the qualifications in the health profession the applicant believes qualifies the applicant for endorsement; and\n\t(b)\tevidence of successful completion of any period of supervised practice required by an approved registration standard; and\n\t(c)\tif the applicant is required to complete an examination or assessment set by or on behalf of the Board, evidence of the successful completion of the examination or assessment.\n100—Boards' other powers before deciding application for endorsement\n\t(1)\tBefore deciding an application for endorsement, a National Board may—\n\t(a)\tinvestigate the applicant, including, for example, by asking an entity—\n\t(i)\tto give the Board information about the applicant; or\n\t(ii)\tto verify information or a document that relates to the applicant; or\n\t(b)\tby written notice to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; or\n\t(c)\tby written notice to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; or\n\t(d)\tby written notice to the applicant, require the applicant to undergo a written, oral or practical examination, within a reasonable time stated in the notice and at a reasonable place.\n\t(2)\tThe purpose of an examination under subsection (1)(d) must be to assess the applicant's ability to practise the health profession in accordance with the endorsement sought.\n\t(3)\tThe applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1).\n101—Applicant may make submissions about proposed refusal of application or imposition of condition\n\t(1)\tIf, after considering an application for endorsement of a registration, a National Board is proposing to refuse to endorse the applicant's registration or to endorse the applicant's registration subject to a condition, the Board must give the applicant written notice of the proposal.\n\t(b)\tinvite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.\n102—Decision about application\n\t(1)\tAfter considering an application for endorsement and any submissions made in accordance with a notice under section 101, a National Board must decide to endorse, or refuse to endorse, the applicant's registration as sought.\n\t(2)\tWithout limiting subsection (1), a National Board may refuse to endorse an applicant's registration if—\n\t(a)\tthe applicant is not qualified for the endorsement under a relevant section; or\n\t(b)\tthe Board considers the applicant is not competent to practise the health profession in accordance with the endorsement sought.\nrelevant section means section 94, 95, 97 or 98.\n103—Conditions of endorsement\n\t(1)\tIf a National Board decides to endorse the applicant's registration under section 102, the Board may decide to impose on the endorsement the conditions the Board considers necessary or desirable in the circumstances.\nA failure by a registered health practitioner to comply with a condition of the practitioner's registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\t(2)\tIf the National Board decides to impose a condition on the endorsement, the Board must also decide a review period for the condition.\n103A—Undertakings at endorsement\nIf a National Board decides to endorse the applicant's registration under section 102, the Board may accept any undertaking from the applicant the Board considers necessary or desirable in the circumstances.\n104—Notice of decision to be given to applicant\n\t(1)\tAs soon as practicable after making the decision under section 102, the National Board must—\n\t(a)\tgive the applicant written notice of the Board's decision; and\n\t(b)\tif the Board decides to endorse the applicant's registration, give the applicant a new certificate of registration.\n\t(2)\tIf the Board decides not to endorse the applicant's registration or decides to endorse the applicant's registration subject to a condition, the notice under subsection (1)(a) must state—\n\t(b)\tthat the applicant may appeal against the decision; and\n105—Period of endorsement\nIf a National Board decides to endorse a registered health practitioner's registration, the endorsement—\n\t(a)\tstarts when the Board makes the decision; and\n\t(b)\texpires when the practitioner's registration ends.\n106—Failure to decide application for endorsement\nIf a National Board fails to decide an application for endorsement within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to endorse the applicant's registration.\n","sortOrder":28},{"sectionNumber":"Div 9","sectionType":"division","heading":"Renewal of registration","content":"Division 9—Renewal of registration\nSubdivision 1—Renewal of registration of registered health practitioner\n107—Application for renewal of registration or endorsement\n\t(1)\tA registered health practitioner may apply to the National Board established for the practitioner's health profession for renewal of the health practitioner's registration.\n\t(2)\tAn application for renewal of a registered health practitioner's registration must be made not later than one month after the practitioner's period of registration ends.\n\t(3)\tIf the registered health practitioner's registration has been endorsed by the National Board, the application for renewal of the practitioner's registration is taken to also be an application for a renewal of the endorsement.\n\t(4)\tThe application for renewal of registration must—\n\t(c)\tif the application for renewal is made after the registered health practitioner's period of registration ends, be accompanied by the relevant fee for a late application; and\n\t(d)\tbe accompanied by the annual statement required under section 109; and\n\t(e)\tbe accompanied by any other information reasonably required by the Board.\n108—Registration taken to continue in force\n\t(1)\tIf a registered health practitioner applies under section 107 to renew the practitioner's registration, the applicant's registration, including any endorsement of the registration, is taken to continue in force from the day it would, apart from this section, have ended until—\n\t(a)\tif the National Board decides to renew the applicant's registration, the day a new certificate of registration is issued to the applicant; or\n\t(b)\tif the National Board decides to refuse to renew the applicant's registration, the day the applicant is given notice of the decision.\n\t(2)\tIf a health practitioner does not apply to renew the practitioner's registration before the practitioner's period of registration ends, the registration, including any endorsement of the registration, is taken to continue in force until—\n\t(a)\tthe end of the day that is one month after the day the period of registration would, apart from this subsection, have ended; or\n\t(b)\tif the health practitioner applies for renewal of the registration not later than one month after the practitioner's period of registration ends, the day referred to in subsection (1)(a) or (b).\n\t(3)\tSubsection (1) or (2) does not apply if the registration is earlier cancelled under this Law.\n109—Annual statement\n\t(1)\tAn application for renewal of registration must include or be accompanied by a statement that includes the following—\n\t(a)\ta declaration by the applicant that—\n\t(i)\tthe applicant does not have an impairment; and\n\t(ii)\tthe applicant has met any recency of practice requirements stated in an approved registration standard for the health profession; and\n\t(iii)\tthe applicant has completed the continuing professional development the applicant was required by an approved registration standard to undertake during the applicant's preceding period of registration; and\n\t(iv)\tthe applicant has not practised the health profession during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place in relation to the applicant; and\n\t(v)\tif the applicant's registration is renewed the applicant will not practise the health profession unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant;\n\t(b)\tdetails of any change in the applicant's criminal history that occurred during the applicant's preceding period of registration;\nSee the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.\n\t(c)\tif the applicant's right to practise at a hospital or another facility at which health services are provided was withdrawn or restricted during the applicant's preceding period of registration because of the applicant's conduct, professional performance or health, details of the withdrawal or restriction of the right to practise;\n\t(d)\tif, during the applicant's preceding period of registration and because of the applicant's conduct, professional performance or health, the applicant was—\n\t(i)\tdisqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth; or\n\t(ii)\tsubject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contained a direction under section 106U(1)(g) or (h) of that Act that the applicant be disqualified;\n\t(e)\tdetails of any complaint made about the applicant to a registration authority or another entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners;\n\t(f)\tany other information required by an approved registration standard.\n\t(1A)\tTo avoid doubt, subsection (1)(d) applies only to the extent the applicant is not prohibited from disclosing information about the disqualification or final determination by the Health Insurance Act 1973 of the Commonwealth.\n\t(2)\tSubsection (1)(a)(ii), (iii) and (iv), (c) and (d) does not apply to an applicant who is applying for the renewal of non‑practising registration.\n110—National Board's powers before making decision\nBefore deciding an application for renewal of registration, a National Board may exercise a power under section 80 as if the application were an application for registration made under section 77.\n111—Applicant may make submissions about proposed refusal of application for renewal or imposition of condition\n\t(1)\tIf, after considering an application for renewal of registration, a National Board is proposing to refuse to renew the applicant's registration or to renew the applicant's registration subject to a new condition, the Board must give the applicant written notice of the proposal.\n\t(b)\tinvite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.\n112—Decision about application for renewal\n\t(1)\tAfter considering an application for renewal of registration and any submissions made in accordance with a notice under section 111, a National Board may decide to renew, or refuse to renew, the applicant's registration or the endorsement.\n\t(2)\tThe National Board may refuse to renew the applicant's registration or any endorsement on the applicant's registration—\n\t(a)\ton any ground on which the Board could refuse to grant the registration or endorsement under section 82 or 102 if the application were for a grant of registration or endorsement; or\n\t(b)\tif the applicant contravened any condition to which the applicant's previous registration or endorsement was subject; or\n\t(ba)\tif the applicant failed to comply with any undertaking given by the applicant to the Board that was in effect during the applicant's previous period of registration or endorsement; or\n\t(c)\tif, during the applicant's previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements or failed to complete the continuing professional development required by an approved registration standard for the profession; or\n\t(d)\tif a statement made by the applicant in the applicant's annual statement was false or misleading in a material particular; or\n\t(e)\tif the application is for the renewal of provisional registration and the applicant's provisional registration has previously been renewed twice; or\n\t(f)\tif the application is for the renewal of limited application and the applicant's limited registration has previously been renewed 3 times.\n\t(3)\tIf the National Board renews a registration, including any endorsement on the registration, the registration or endorsement is subject to—\n\t(a)\tany condition to which the registration was subject immediately before the renewal; and\n\t(b)\tany condition the Board considers necessary or desirable in the circumstances; and\n\t(c)\tany undertaking given by the applicant to the Board that was in effect immediately before the renewal; and\n\t(d)\tany undertaking given by the applicant to the Board that the Board considers necessary or desirable in the circumstances.\nA failure by a registered health practitioner to comply with a condition of the practitioner's registration, or an undertaking given by the practitioner to the Board, does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\t(4)\tIf the National Board decides to renew a registered health practitioner's registration or an endorsement of the registration subject to a condition under subsection (3)(b), the Board must decide a review period for the condition.\n\t(5)\tIf a National Board decides to refuse to renew an applicant's registration or the endorsement of the applicant's registration, or to renew the registration or the endorsement subject to a condition under subsection (3)(b), the Board must give the applicant a notice that states—\n\t(c)\tthat the applicant may appeal against the decision; and\n\t(d)\thow an application for appeal may be made and the period within which the application must be made.\n\t(6)\tA registration, including any endorsement of the registration, renewed under this Subdivision—\n\t(a)\tstarts on the day immediately after the applicant's previous period of registration ends or ended; and\n\t(b)\texpires at the end of the day that is 12 months after the day it starts.\nSubdivision 2—Renewal of registration after suspension period\n112A—Application of Subdivision\n\t(1)\tThis Subdivision applies if, during a period (the suspension period) in which a person's registration in a health profession is suspended under this Law, the person's registration would have ended if the person were not suspended.\n\t(2)\tSection 108(2) does not apply to a registration to which this Subdivision applies.\n112B—Application for renewal of registration\n\t(1)\tThe person's registration as a registered health practitioner is reinstated on the day the suspension period ends.\n\t(2)\tIf the registered health practitioner intends to renew the practitioner's registration in the profession, the practitioner must apply to the National Board established for the practitioner's health profession within one month after the suspension period ends.\n\t(3)\tIf the practitioner's registration has been endorsed by the National Board, the application for renewal of the practitioner's registration is taken to also be an application for a renewal of the endorsement.\n\t(4)\tThe application for renewal of registration must be—\n\t(a)\tin the form approved by the National Board; and\n\t(b)\taccompanied by the relevant fee; and\n\t(c)\taccompanied by the annual statement required under section 109, as applied by section 112D; and\n\t(d)\taccompanied by any other information reasonably required by the Board.\n112C—End of registration\n\t(1)\tIf a registered health practitioner applies to renew the practitioner's registration under section 112B, the applicant's registration, including any endorsement of the registration, continues in force from the day the suspension period ends until—\n\t(a)\tif the National Board decides to renew the applicant's registration—the day a new certificate of registration is issued to the applicant; or\n\t(b)\tif the National Board decides to refuse to renew the applicant's registration—the day the applicant is given notice of the decision.\n\t(2)\tIf a registered health practitioner does not apply to renew the practitioner's registration under section 112B, the practitioner's registration, including any endorsement of the registration, continues in force from the day the suspension period ends until the end of the day that is one month after the day on which the suspension period ends.\n112D—Sections 109 to 112 apply to application for renewal under this Subdivision\n\t(1)\tSections 109 to 112 apply to an application for renewal of registration made under this Subdivision as if the application had been made under section 107 for renewal of registration under Subdivision 1.\n\t(2)\tFor the purposes of subsection (1)—\n\t(a)\tsection 109 applies as if a reference in that section to the applicant's preceding period of registration were a reference to both the applicant's period of registration preceding the suspension period and the suspension period; and\n\t(b)\tsection 112(2)(c) applies as if a reference in that paragraph to the applicant's previous period of registration were a reference to both the applicant's period of registration preceding the suspension period and the suspension period; and\n\t(c)\tsection 112(3)(a) applies as if a reference in that paragraph to immediately before the renewal were a reference to immediately before the start of the suspension period; and\n\t(d)\tsection 112(6) applies as if a reference in that subsection to this Subdivision were a reference to Subdivision 2.\n","sortOrder":29},{"sectionNumber":"Div 10","sectionType":"division","heading":"Title and practice protections","content":"Division 10—Title and practice protections\nSubdivision 1—Title protections\n113—Restriction on use of protected titles\n\t(1)\tA person must not knowingly or recklessly—\n\t(a)\ttake or use a title in the Table to this section, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the health profession listed beside the title in the Table, unless the person is registered in the profession; or\n\t(b)\ttake or use a prescribed title for a health profession, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the profession, unless the person is registered in the profession.\n\t(a)\ttake or use a title in the Table in relation to another person (the second person), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or\n\t(b)\ttake or use a prescribed title for a health profession in relation to another person (the second person), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession.\n\t(3)\tSubsections (1) and (2) apply whether or not the title is taken or used with or without any other words and whether in English or any other language.\n\nTable—Protected titles\nProfession\nTitle\nAboriginal and Torres Strait Islander Health Practice\nAboriginal and Torres Strait Islander health practitioner, Aboriginal health practitioner, Torres Strait Islander health practitioner\nChinese Medicine\nChinese medicine practitioner, Chinese herbal dispenser, Chinese herbal medicine practitioner, Oriental medicine practitioner, acupuncturist\nChiropractic\nchiropractor\nDental\ndentist, dental therapist, dental hygienist, dental prosthetist, oral health therapist\nMedical\nmedical practitioner\nMedical Radiation Practice\nmedical radiation practitioner, diagnostic radiographer, medical imaging technologist, radiographer, nuclear medicine scientist, nuclear medicine technologist, radiation therapist\nMidwifery\nmidwife, midwife practitioner\nNursing\nnurse, registered nurse, nurse practitioner, enrolled nurse\nOccupational Therapy\noccupational therapist\nOptometry\noptometrist, optician\nOsteopathy\nosteopath\nParamedicine\nparamedic\nPharmacy\npharmacist, pharmaceutical chemist\nPhysiotherapy\nphysiotherapist, physical therapist\nPodiatry\npodiatrist, chiropodist\nPsychology\npsychologist\n114—Use of title \"acupuncturist\"\n\t(1)\tA registered health practitioner whose registration is endorsed under section 97 by a National Board as being qualified to practise as an acupuncturist does not commit an offence against section 113(1)(a) merely because the individual takes or uses the title \"acupuncturist\".\n\t(2)\tA person does not commit an offence against section 113(2)(a) merely because the person takes or uses the title \"acupuncturist\" in relation to another person who is a registered health practitioner whose registration is endorsed under section 97 by a National Board as being qualified to practise as an acupuncturist.\n115—Restriction on use of specialist titles\n\t(1)\tA person must not knowingly or recklessly take or use—\n\t(a)\tthe title \"dental specialist\" unless the person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or\n\t(b)\tthe title \"medical specialist\" unless the person is registered in a recognised specialty in the medical profession; or\n\t(c)\ta specialist title for a recognised specialty unless the person is registered under this Law in the specialty.\n\t(2)\tA person must not knowingly or recklessly take or use—\n\t(a)\tthe title \"dental specialist\" in relation to another person unless the other person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or\n\t(b)\tthe title \"medical specialist\" in relation to another person unless the person is registered in a recognised specialty in the medical profession; or\n\t(c)\ta specialist title for a recognised specialty in relation to another person unless the person is registered under this Law in the specialty.\n\t(3)\tSubsection (1) applies whether or not the title is taken or used with or without any other words and whether in English or any other language.\n115A—Claims by persons as to membership of surgical class\n\t(1)\tA medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following—\n\t(a)\ttake or use the title \"surgeon\";\n\t(b)\ttake or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class;\n\t(c)\tclaim to be, or hold out as being, a member of a surgical class.\nMaximum penalty: $60 000 or 3 years imprisonment or both.\n\t(2)\tA person must not knowingly or recklessly do any of the following in relation to a medical practitioner who is not a member of a surgical class—\n\t(a)\ttake or use the title \"surgeon\" in relation to the practitioner;\n\t(b)\ttake or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class;\n\t(c)\tclaim the practitioner is, or hold the practitioner out as being, a member of a surgical class.\n\t(a)\tin the case of an individual—$60 000 or 3 years imprisonment or both; or\n\t(b)\tin the case of a body corporate—$120 000.\n\t(3)\tSubsections (1)(a) and (2)(a)—\n\t(a)\tapply whether or not the title \"surgeon\" is taken or used with or without any other words and whether in English or any other language; but\n\t(b)\tdo not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner—\n\t(i)\tholds registration in the dentists division of the dental profession; or\n\t(ii)\tis permitted under this Law, or another law of a State or Territory, to take or use the title \"surgeon\" for practising a profession other than the medical profession.\n\t(4)\tBefore making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to—\n\t(a)\tany advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and\n\t(b)\tthe surgical training required to be undertaken by members of the proposed class.\nsurgical class means the following classes of medical practitioners—\n\t(a)\ta medical practitioner holding specialist registration in the recognised specialty of surgery;\n\t(b)\ta medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology;\n\t(c)\ta medical practitioner holding specialist registration in the recognised specialty of ophthalmology;\n\t(d)\ta medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word \"surgeon\" in a specialist title for the specialty;\n\t(e)\tanother class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council.\n116—Claims by persons as to registration as health practitioner\n\t(1)\tA person who is not a registered health practitioner must not knowingly or recklessly—\n\t(a)\ttake or use the title of \"registered health practitioner\", whether with or without any other words; or\n\t(b)\ttake or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—\n\t(i)\tthe person is a health practitioner; or\n\t(ii)\tthe person is authorised or qualified to practise in a health profession; or\n\t(c)\tclaim to be registered under this Law or hold himself or herself out as being registered under this Law; or\n\t(d)\tclaim to be qualified to practise as a health practitioner.\n\t(a)\ttake or use the title of \"registered health practitioner\", whether with or without any other words, in relation to another person who is not a registered health practitioner; or\n\t(b)\ttake or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—\n\t(i)\tanother person is a health practitioner if the other person is not a health practitioner; or\n\t(ii)\tanother person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or\n\t(c)\tclaim another person is registered under this Law, or hold the other person out as being registered under this Law, if the other person is not registered under this Law; or\n\t(d)\tclaim another person is qualified to practise as a health practitioner if the other person is not a registered health practitioner.\n117—Claims by persons as to registration in particular profession or division\n\t(1)\tA registered health practitioner must not knowingly or recklessly—\n\t(a)\tclaim to be registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered, or hold himself or herself out as being registered in a health profession or a division of a health profession if the person is not registered in that health profession or division; or\n\t(b)\tclaim to be qualified to practise as a practitioner in a health profession or a division of a health profession in which the practitioner is not registered; or\n\t(c)\ttake or use any title that could be reasonably understood to induce a belief the practitioner is registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered.\n\t(2)\tA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\t(3)\tA person must not knowingly or recklessly—\n\t(a)\tclaim another person is registered under this Law in a health profession or a division of a health profession in which the other person is not registered, or hold the other person out as being registered in a health profession or a division of a health profession if the other person is not registered in that health profession or division; or\n\t(b)\tclaim another person is qualified to practise as a health practitioner in a health profession or division of a health profession in which the other person is not registered; or\n\t(c)\ttake or use any title in relation to another person that could be reasonably understood to induce a belief the other person is registered under this Law in a health profession or a division of a health profession in which the person is not registered.\nA contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.\n118—Claims by persons as to specialist registration\n\t(1)\tA person who is not a specialist health practitioner must not knowingly or recklessly—\n\t(a)\ttake or use the title of \"specialist health practitioner\", whether with or without any other words; or\n\t(b)\ttake or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—\n\t(i)\tthe person is a specialist health practitioner; or\n\t(ii)\tthe person is authorised or qualified to practise in a recognised specialty; or\n\t(c)\tclaim to be registered under this Law in a recognised specialty or hold himself or herself out as being registered under this Law in a recognised specialty; or\n\t(d)\tclaim to be qualified to practise as a specialist health practitioner.\n\t(a)\ttake or use the title of \"specialist health practitioner\", whether with or without any other words, in relation to another person who is not a specialist health practitioner; or\n\t(b)\ttake or use a title, name, initial, symbol, word or description in relation to another person who is not a specialist health practitioner that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—\n\t(i)\tthe other person is a specialist health practitioner; or\n\t(ii)\tthe other person is authorised or qualified to practise in a recognised specialty; or\n\t(c)\tclaim another person is registered under this Law in a recognised specialty or hold the other person out as being registered under this Law in a recognised specialty if the other person is not registered in that recognised specialty; or\n\t(d)\tclaim another person is qualified to practise as a specialist health practitioner if the person is not a specialist health practitioner.\nA contravention of this section by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.\n119—Claims about type of registration or registration in recognised specialty\n\t(1)\tA registered health practitioner must not knowingly or recklessly—\n\t(a)\tclaim to hold a type of registration or endorsement under this Law that the practitioner does not hold or hold himself or herself out as holding a type of registration or endorsement if the practitioner does not hold that type of registration; or\n\t(b)\tclaim to be qualified to hold a type of registration or endorsement the practitioner does not hold; or\n\t(c)\tclaim to hold specialist registration under this Law in a recognised specialty in which the practitioner does not hold specialist registration or hold himself or herself out as holding specialist registration in a recognised specialty if the person does not hold specialist registration in that specialty; or\n\t(d)\tclaim to be qualified to practise as a specialist health practitioner in a recognised specialty in which the practitioner is not registered.\n\t(2)\tA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\t(3)\tA person must not knowingly or recklessly—\n\t(a)\tclaim another person holds a type of registration or endorsement under this Law that the other person does not hold or hold the other person out as holding a type of registration or endorsement if the practitioner does not hold that type of registration or endorsement; or\n\t(b)\tclaim another person is qualified to hold a type of registration or endorsement that the other person does not hold; or\n\t(c)\tclaim another person holds specialist registration under this Law in a recognised specialty which the other person does not hold or hold the other person out as holding specialist registration in a recognised specialty if the other person does not hold specialist registration in that specialty; or\n\t(d)\tclaim another person is qualified to practise in a recognised specialty in which the other person is not registered.\nA contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.\n120—Registered health practitioner registered on conditions\n\t(1)\tA registered health practitioner who is registered on conditions must not knowingly or recklessly claim, or hold himself or herself out, to be registered without the conditions or any conditions.\n\t(2)\tA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nSubdivision 2—Practice protections\n121—Restricted dental acts\n\t(1)\tA person must not carry out a restricted dental act unless the person—\n\t(a)\tis registered in the dental profession or medical profession and carries out the restricted dental act in accordance with any requirements specified in an approved registration standard; or\n\t(b)\tis a student who carries out the restricted dental act in the course of activities undertaken as part of—\n\t(i)\tan approved program of study for the dental profession or medical profession; or\n\t(ii)\tclinical training in the dental profession or medical profession; or\n\t(c)\tcarries out the restricted dental act in the course of carrying out technical work on the written order of a person registered in the dentists or dental prosthetists division of the dental profession; or\n\t(d)\tis a person, or a member of a class of persons, prescribed under a regulation as being authorised to carry out the restricted dental act or restricted dental acts generally.\nrestricted dental act means any of the following acts—\n\t(a)\tperforming any irreversible procedure on the human teeth or jaw or associated structures;\n\t(b)\tcorrecting malpositions of the human teeth or jaw or associated structures;\n\t(c)\tfitting or intra-orally adjusting artificial teeth or corrective or restorative dental appliances for a person;\n\t(d)\tperforming any irreversible procedure on, or the giving of any treatment or advice to, a person that is preparatory to or for the purpose of fitting, inserting, adjusting, fixing, constructing, repairing or renewing artificial dentures or a restorative dental appliance.\ntechnical work means the mechanical construction or the renewal or repair of artificial dentures or restorative dental appliances.\n122—Restriction on prescription of optical appliances\n\t(1)\tA person must not prescribe an optical appliance unless—\n\t(a)\tthe person is an optometrist or medical practitioner; or\n\t(b)\tthe appliance is spectacles and the person is an orthoptist who—\n\t(i)\tprescribes the spectacles in the course of carrying out duties at a public health facility; or\n\t(ii)\tprescribes the spectacles under the supervision of an optometrist or medical practitioner; or\n\t(iii)\tprescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or\n\t(c)\tthe person is a person, or a member of a class of persons, prescribed under a regulation as being authorised to prescribe an optical appliance of that type or to prescribe optical appliances generally.\noptical appliance means—\n\t(a)\tany appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or\n\t(b)\tcontact lenses, whether or not designed to correct, remedy or relieve any refractive abnormality or defect of sight.\noptometrist means a person registered in the optometry profession.\northoptist means a person whose name is recorded in the Register of Orthoptists kept by the Australian Orthoptists Registration Body Pty Ltd (ACN 095 11 7 678).\n123—Restriction on spinal manipulation\n\t(1)\tA person must not perform manipulation of the cervical spine unless the person—\n\t(a)\tis registered in an appropriate health profession; or\n\t(b)\tis a student who performs manipulation of the cervical spine in the course of activities undertaken as part of—\n\t(i)\tan approved program of study in an appropriate health profession; or\n\t(ii)\tclinical training in an appropriate health profession; or\n\t(c)\tis a person, or a member of a class of persons, prescribed under a regulation as being authorised to perform manipulation of the cervical spine.\nappropriate health profession means any of the following health professions—\n\t(a)\tchiropractic;\n\t(b)\tosteopathy;\n\t(c)\tmedical;\n\t(d)\tphysiotherapy.\nmanipulation of the cervical spine means moving the joints of the cervical spine beyond a person's usual physiological range of motion using a high velocity, low amplitude thrust.\n123A—Restricted birthing practices\n\t(1)\tA person must not carry out a restricted birthing practice unless the person—\n\t(a)\tis a medical practitioner; or\n\t(b)\tis a midwife; or\n\t(c)\tis a student who carries out the restricted birthing practice in the course of activities undertaken as part of—\n\t(i)\tan approved program of study for the medical profession or the midwifery profession; or\n\t(ii)\tclinical training in the medical profession or the midwifery profession; or\n\t(d)\tis acting under the supervision of a medical practitioner or midwife and is acting in accordance with any standards, codes or guidelines issued by the National Board established for the relevant profession; or\n\t(e)\twithout limiting a preceding paragraph—is acting under a form of delegated authority transferred or conferred by a midwife that is recognised by the National Board established for the midwifery profession and is made in accordance with any standards, codes or guidelines issued by that National Board; or\n\t(f)\tis rendering assistance to a woman who is in labour or giving birth to a child, or who has given birth to a child, where the assistance is provided in an emergency.\nMaximum penalty: $30 000 or imprisonment for 12 months.\nmidwife means a person registered under this Law in the midwifery profession;\nrestricted birthing practice means an act that involves undertaking the care of a woman by managing the 3 stages (or any part of these stages) of labour or child birth and, for the purposes of this definition, the Minister may from time to time, on the joint advice of the Medical Board of Australia and the National Board established for the midwifery profession, by notice in the Gazette, specify activities that will be conclusively taken to constitute the management of any part of 1 or more of these stages of labour or child birth.\n","sortOrder":30},{"sectionNumber":"Div 11","sectionType":"division","heading":"Miscellaneous","content":"Division 11—Miscellaneous\nSubdivision 1—Certificates of registration\n124—Issue of certificate of registration\n\t(a)\ta National Board decides to register an individual in a health profession for which the Board is established; or\n\t(b)\ta National Board decides to renew an individual's registration in a health profession for which the Board is established; or\n\t(c)\ta National Board or an adjudication body decides to impose, change or remove a condition on a registered health practitioner's registration or otherwise change the practitioner's registration in a material way; or\n\t(d)\ta National Board or an adjudication body decides to accept an undertaking from a registered health practitioner or to change or revoke an undertaking given by the practitioner; or\n\t(e)\ta National Board decides to endorse a health practitioner's registration.\n\t(2)\tThe National Board must, as soon as practicable after the decision is made, give the registered health practitioner a certificate of registration in the form decided by the Board.\n\t(3)\tA certificate of registration must include the following—\n\t(a)\tthe name of the registered health practitioner;\n\t(aa)\tany alternative name for the practitioner that has been notified to the National Board under section 131A, unless—\n\t(i)\tthe alternative name is a prohibited name; and\n\t(ii)\tthe National Board has decided under section 131A(2)(b) to refuse to include the name on the registered health practitioner's certificate of registration;\n\t(b)\tthe type of registration granted and, if the registration is endorsed, the type of endorsement granted;\n\t(c)\tthe date the registration or endorsement was granted;\n\t(d)\tthe division of the register, if any, in which the practitioner is registered;\n\t(e)\tany condition to which the registration or endorsement is subject;\n\t(f)\tany undertaking given by the practitioner to the National Board;\n\t(g)\tthe date the registration expires;\n\t(h)\tany other information the Board considers appropriate.\nSubdivision 2—Review of conditions and undertakings\n125—Changing or removing conditions or undertaking on application by registered health practitioner or student\n\t(1)\tA registered health practitioner or student may apply to a National Board established for the practitioner's or student's health profession—\n\t(a)\tfor a registered health practitioner—\n\t(i)\tto change or remove a condition imposed on the practitioner's registration or endorsement; or\n\t(ii)\tto change or revoke an undertaking given by the practitioner; or\n\t(b)\tfor a student—\n\t(i)\tto change or remove a condition imposed on the student's registration; or\n\t(ii)\tto change or revoke an undertaking given by the student to the Board.\n\t(2)\tHowever, the registered health practitioner or student may not make an application—\n\t(a)\tduring a review period applying to the condition or undertaking, unless the practitioner or student reasonably believes there has been a material change in the practitioner's or student's circumstances; or\n\t(b)\tfor a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.\n\t(3)\tAn application under subsection (1) must—\n\t(b)\tbe accompanied by any other information reasonably required by the Board.\n\t(4)\tFor the purposes of deciding the application, the National Board may exercise a power under section 80 as if the application were an application for registration as a registered health practitioner.\n\t(5)\tThe National Board must decide to grant the application or refuse to grant the application.\n\t(6)\tIf the National Board's decision results in the registration or endorsement being subject to a condition, or an undertaking is still in place, the Board may decide a review period for the condition or undertaking.\n\t(6A)\tAs soon as practicable after making the decision under subsection (5), the National Board must give written notice to the registered health practitioner or student of—\n\t(a)\tthe decision; and\n\t(b)\tif the Board has decided a review period for a condition or undertaking—details of the review period.\n\t(7)\tIf the National Board decides to refuse to grant the application, the notice must state—\n\t(b)\tthat the registered health practitioner or student may appeal against the decision; and\n126—Changing conditions on Board's initiative\n\t(1)\tThis section applies if a National Board established for a health profession reasonably believes it is necessary to change a condition imposed on—\n\t(a)\tfor a registered health practitioner registered in the health profession—the practitioner's registration or endorsement; or\n\t(b)\tfor a student registered in the health profession—the student's registration.\n\t(2)\tThe National Board must give the registered health practitioner or student a written notice stating—\n\t(a)\tthat the Board proposes to change the condition; and\n\t(b)\thow the Board proposes to change the condition; and\n\t(c)\tthe reason for the proposed change; and\n\t(d)\tthat the practitioner or student may, within 30 days after receipt of the notice, make written or verbal submissions to the Board about why the condition should not be changed.\n\t(3)\tHowever, the condition may not be changed—\n\t(a)\tduring a review period applying to the condition, unless the National Board reasonably believes there has been a material change in the registered health practitioner's or student's circumstances; or\n\t(b)\tif the condition was imposed by an adjudication body for a co‑regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.\n\t(4)\tThe registered health practitioner or student may make written or verbal submissions about the proposed change to the condition as stated in the notice.\n\t(5)\tThe National Board must consider any submissions made under subsection (4) and decide whether or not to change the condition.\n\t(6)\tIf the National Board's decision results in the registration or endorsement being subject to a condition, the Board may decide a review period for the condition.\n\t(6A)\tAs soon as practicable after making the decision under subsection (5), the National Board must give written notice to the registered health practitioner or student of—\n\t(a)\tthe decision; and\n\t(b)\tif the Board has decided a review period for a condition—details of the review period.\n\t(7)\tIf the National Board decides to change the condition, the notice must state—\n\t(b)\tthat the registered health practitioner or student may appeal against the decision; and\n127—Removal of condition or revocation of undertaking\n\t(1)\tThis section applies if a National Board established for a health profession reasonably believes the following is no longer necessary—\n\t(a)\tfor a registered health practitioner registered in the health profession—\n\t(i)\ta condition imposed on the practitioner's registration or endorsement; or\n\t(ii)\tan undertaking given to the Board by the practitioner;\n\t(b)\tfor a student registered in the health profession—\n\t(i)\ta condition imposed on the student's registration; or\n\t(ii)\tan undertaking given to the Board by the student.\n\t(2)\tThe National Board may decide to remove the condition or revoke the undertaking.\n\t(3)\tHowever, the condition or undertaking may not be removed or revoked—\n\t(a)\tduring a review period applying to the condition or undertaking, unless the National Board reasonably believes there has been a material change in the registered health practitioner's or student's circumstances; or\n\t(b)\tfor a condition imposed by an adjudication body for a co‑regulatory jurisdiction, unless the adjudication body decided, when imposing the condition, that this Subdivision applied to the condition.\n\t(4)\tAs soon as practicable after making the decision the National Board must give notice of the decision to the registered health practitioner or student.\n\t(5)\tThe decision takes effect on the date stated in the notice.\n127A—When matters under this Subdivision may be decided by review body of a co-regulatory jurisdiction\n\t(a)\ta condition has been imposed on a registered health practitioner's or student's registration or endorsement, or an undertaking has been given by the practitioner or student; and\n\t(b)\ta change or removal of the condition, or change or revocation of the undertaking, would usually be decided under this Subdivision; and\n\t(c)\tthe National Board that imposed the condition, or to which the undertaking was given, considers the change or removal, or change or revocation, should be decided by a review body of a co‑regulatory jurisdiction.\n\t(2)\tThe National Board may—\n\t(a)\tdecide that any change or removal, or change or revocation, may be decided by the review body of a co‑regulatory jurisdiction; and\n\t(b)\tgive any relevant documents or information held by the Board to the review body.\n\t(3)\tIf a review body of a co‑regulatory jurisdiction agrees to decide a matter instead of the Board, the review body must decide the matter under the laws of that jurisdiction.\nreview body means an entity declared by an Act or regulation of a co‑regulatory jurisdiction to be a review body for this section.\nSubdivision 3—Obligations of registered health practitioners and students\n128—Continuing professional development\n\t(1)\tA registered health practitioner must undertake the continuing professional development required by an approved registration standard for the health profession in which the practitioner is registered.\n\t(2)\tA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nregistered health practitioner does not include a registered health practitioner who holds non-practising registration in the profession.\n129—Professional indemnity insurance arrangements\n\t(1)\tA registered health practitioner must not practise the health profession in which the practitioner is registered unless appropriate professional indemnity insurance arrangements are in force in relation to the practitioner's practice of the profession.\n\t(2)\tA National Board may, at any time by written notice, require a registered health practitioner registered in a health profession for which the Board is established to give the Board evidence of the appropriate professional indemnity insurance arrangements that are in force in relation to the practitioner's practice of the profession.\n\t(3)\tA registered health practitioner must not, without reasonable excuse, fail to comply with a written notice given to the practitioner under subsection (2).\n\t(4)\tA contravention of subsection (1) or (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\nregistered health practitioner does not include a registered health practitioner who holds non-practising registration in the profession.\n130—Registered health practitioner or student to give National Board notice of certain events\n\t(1)\tA registered health practitioner or student must, within 7 days after becoming aware that a relevant event has occurred in relation to the practitioner or student, give the National Board established for the practitioner's or student's health profession written notice of the event.\n\t(2)\tA contravention of subsection (1) by a registered health practitioner or student does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\t(2A)\tTo avoid doubt, a registered health practitioner is not required to give the National Board written notice of an event within the meaning of paragraphs (e) or (f) of the definition of relevant event if the notification is prohibited by the Health Insurance Act 1973 of the Commonwealth.\nrelevant event, in relation to a registered health practitioner, means—\n\t(a)\tthe practitioner is charged with—\n\t(ii)\tan offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or\n\t(b)\tthe practitioner is convicted of or is the subject of a finding of guilt for—\n\t(ii)\tan offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or\n\t(c)\tappropriate professional indemnity insurance arrangements are no longer in place in relation to the practitioner's practice of the profession; or\n\t(d)\tthe practitioner's right to practise at a hospital or another facility at which health services are provided is withdrawn or restricted because of the practitioner's conduct, professional performance or health; or\n\t(e)\tthe practitioner is disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth because of the practitioner's conduct, professional performance or health; or\n\t(f)\tthe practitioner is subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contains a direction under section 106U(1)(g) or (h) of that Act that the practitioner be disqualified because of the practitioner's conduct, professional performance or health; or\n\t(g)\tthe practitioner's authority under a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or\n\t(h)\ta complaint is made about the practitioner to an entity referred to in section 219(1)(a) to (e); or\n\t(i)\tthe practitioner's registration under the law of another country that provides for the registration of health practitioners is suspended or cancelled or made subject to a condition or another restriction.\nrelevant event, in relation to a student, means—\n\t(a)\tthe student is charged with—\n\t(ii)\tan offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or\n\t(b)\tthe student is convicted of or is the subject of a finding of guilt for—\n\t(ii)\tan offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or\n\t(c)\tthe student's registration under the law of another country that provides for the registration of students has been suspended or cancelled.\nscheduled medicine offence means an offence against a law of a participating jurisdiction—\n\t(a)\tif—\n\t(i)\tthe law regulates the authority of registered health practitioners or students to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines; and\n\t(ii)\tthe offence relates to registered health practitioners or students administering, obtaining, possessing, prescribing, selling, supplying or using scheduled medicines; but\n\t(b)\tdoes not include an offence declared or prescribed by a law of the jurisdiction not to be a scheduled medicine offence for the purposes of this Law.\n131—Change in principal place of practice, address or name\n\t(1)\tA registered health practitioner must, within 30 days of any of the following changes happening, give the National Board established for the practitioner's health profession written notice of the change and any evidence providing proof of the change required by the Board—\n\t(a)\ta change in the practitioner's principal place of practice;\n\t(b)\ta change in the address provided by the registered health practitioner as the address the Board should use in corresponding with the practitioner;\n\t(c)\ta change in—\n\t(i)\tthe practitioner's name; or\n\t(ii)\tan alternative name for the practitioner notified to the Board under section 131A.\n\t(2)\tA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n131A—Nomination of an alternative name\n\t(1)\tA registered health practitioner registered in a health profession, or an applicant for registration in a health profession, may, by written notice given to the National Board for the health profession, nominate an alternative name.\n\t(2)\tIf the alternative name nominated by a registered health practitioner is a prohibited name, the National Board may decide to—\n\t(a)\trefuse to record the name in a National Register or Specialists Register; and\n\t(b)\trefuse to include the name on the registered health practitioner's certificate of registration.\n\t(3)\tIf the National Board makes a decision under subsection (2), it must give written notice of the decision, including the reasons for the decision, to the registered health practitioner.\nprohibited name means a name that—\n\t(a)\tis obscene or offensive; or\n\t(b)\tcould not practicably be established by repute or usage—\n\t(i)\tbecause it is too long; or\n\t(ii)\tbecause it consists of or includes symbols without phonetic significance; or\n\t(iii)\tbecause it is or includes a statement or phrase; or\n\t(iv)\tfor another reason; or\n\t(c)\tincludes or resembles—\n\t(i)\tan official title or rank; or\n\t(ii)\ta protected title specified in the Table to section 113; or\n\t(iii)\ta specialist title; or\n\t(iv)\tthe title \"dental specialist\"; or\n\t(v)\tthe title \"medical specialist\"; or\n\t(d)\tis contrary to the public interest for another reason.\n131B—Use of names\n\t(1)\tA registered health practitioner must not use a name in connection with the practitioner's provision of a health service, including advertising the provision of a health service, other than—\n\t(a)\teither or both of the following names recorded in a National Register or Specialists Register under section 225—\n\t(i)\tthe practitioner's name;\n\t(ii)\tan alternative name for the practitioner notified to the Board under section 131A; or\n\t(b)\ta business name.\n\t(2)\tA contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n132—National Board may ask registered health practitioner for practice information\n\t(1)\tA National Board may, at any time by written notice given to a health practitioner registered in a health profession for which the Board is established, ask the practitioner to give the Board a written notice containing practice information for the practitioner.\n\t(2)\tThe registered health practitioner must not, without reasonable excuse, fail to comply with the notice from the Board.\n\t(3)\tA contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\npractice information, for a registered health practitioner practising in the health profession for which the practitioner is registered, means each of the following, as it applies to the current practice, and all previous practices, of the profession by the practitioner—\n\t(a)\tif the practitioner is, or was, self-employed—\n\t(i)\tthat the practitioner is, or was, self-employed; and\n\t(ii)\tthe address of each of the premises at which the practitioner practises, or practised; and\n\t(iii)\tif the practitioner practises, or practised, under a business name or names—each business name; and\n\t(iv)\tif the practitioner shares, or shared, premises and the cost of the premises with other registered health practitioners—the names of the other registered health practitioners;\n\t(b)\tif the practitioner has, or had, a practice arrangement with one or more entities—the name, address and contact details of each entity;\nExample of practice arrangement—\nA physiotherapist practises, or practised, physiotherapy as a volunteer at a sporting club or charity under an arrangement with that entity.\n\t(c)\tif the practitioner practises, or practised, under a name or names that are not the same as the name under which the practitioner is registered under this Law—the other name or names.\npremises at which the practitioner practises does not include the residential premises of a patient of the practitioner.\nSubdivision 4—Advertising\n133—Advertising\n\t(1)\tA person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that—\n\t(a)\tis false, misleading or deceptive or is likely to be misleading or deceptive; or\n\t(b)\toffers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer; or\n\t(c)\tuses testimonials or purported testimonials about the service or business; or\n\t(d)\tcreates an unreasonable expectation of beneficial treatment; or\n\t(e)\tdirectly or indirectly encourages the indiscriminate or unnecessary use of regulated health services.\n\t(a)\tin the case of an individual—$60 000; or\n\t(2)\tA person does not commit an offence against subsection (1) merely because the person, as part of the person's business, prints or publishes an advertisement for another person.\n\t(3)\tIn proceedings for an offence against this section, a court may have regard to a guideline approved by a National Board about the advertising of regulated health services.\nregulated health service means a service provided by, or usually provided by, a health practitioner.\nSubdivision 5—Board's powers to check identity and criminal history\n134—Evidence of identity\n\t(1)\tA National Board may, at any time, require a registered health practitioner to provide evidence of the practitioner's identity.\n\t(2)\tA requirement under subsection (1) must be made by written notice given to the registered health practitioner.\n\t(3)\tThe registered health practitioner must not, without reasonable excuse, fail to comply with the notice.\n\t(4)\tA contravention of subsection (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.\n\t(5)\tIf a registered health practitioner gives a National Board a document as evidence of the practitioner's identity under this section, the Board may, by written notice, ask the entity that issued the document—\n\t(a)\tto confirm the validity of the document; or\n\t(b)\tto give the Board other information relevant to the practitioner's identity.\n\t(6)\tAn entity given a notice under subsection (5) is authorised to provide the information requested.\n135—Criminal history check\n\t(1)\tA National Board may, at any time, obtain a written report about a registered health practitioner's criminal history from any of the following—\n\t(a)\tACC;\n\t(b)\ta police commissioner;\n\t(c)\tan entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.\n\t(2)\tWithout limiting subsection (1), a report may be obtained under that subsection—\n\t(a)\tto check a statement made by a registered health practitioner in the practitioner's application for renewal of registration; or\n\t(b)\tas part of an audit carried out by a National Board, to check statements made by registered health practitioners.\n\t(3)\tA criminal history law does not apply to a report under subsection (1).\nSubdivision 6—General\n136—Directing or inciting unprofessional conduct or professional misconduct\n\t(1)\tA person must not direct or incite a registered health practitioner to do anything, in the course of the practitioner's practice of the health profession, that amounts to unprofessional conduct or professional misconduct.\n\t(a)\tin the case of an individual—$60 000; or\n\t(2)\tSubsection (1) does not apply to a person who is the owner or operator of a public health facility.\n137—Surrender of registration\n\t(1)\tA registered health practitioner may, by written notice given to the National Board established for the practitioner's health profession, surrender the practitioner's registration.\n\t(2)\tThe surrender of the registration takes effect on—\n\t(a)\tthe day the National Board receives the notice under subsection (1); or\nPart 8—Health, performance and conduct\n138—Application of Part to persons who are registered health practitioners\n\t(1)\tA notification may be made under this Part about, and proceedings may be taken under this Part against, a person who is a registered health practitioner in relation to behaviour that—\n\t(a)\toccurs while the practitioner is registered in a health profession under this Law; or\n\t(b)\toccurred before the practitioner was registered in a health profession under this Law; or\n\t(c)\toccurred during any other period in which the practitioner was not registered in a health profession under this Law, including, for example, if the registration had ended or was cancelled, suspended or withdrawn.\n\t(2)\tA registered health practitioner's behaviour that occurred at a time specified in subsection (1)(b)) or (c) may not constitute—\n\t(a)\tunsatisfactory professional performance; or\n\t(b)\tunprofessional conduct, except as provided by section 139.\n139—Proceedings in relation to practitioner's behaviour while temporarily unregistered\n\t(a)\tproceedings are taken under this Part against a person who is a registered health practitioner; and\n\t(b)\tthe panel or tribunal is satisfied the behaviour to which the proceedings relate occurred—\n\t(i)\tafter the practitioner's registration ended under section 108(2)(a); and\n\t(ii)\twhile the practitioner continued to practise the health profession.\n\t(2)\tThe proceedings may be taken and findings may be made as if the practitioner were registered at the time the behaviour occurred.\n\t(3)\tSubsection (2) does not prevent a finding of unprofessional conduct on the basis the person was contravening a provision of Division 10 of Part 7, whether or not the person has been prosecuted for, or convicted of, an offence in relation to the contravention.\nbehaviour includes—\n\t(a)\tcontinuing to take or use a title protected under Subdivision 1 of Division 10 of Part 7 for a health profession; or\n\t(b)\tcontinuing to undertake a practice protected under Subdivision 2 of Division 10 of Part 7 for a health profession.\n139A—Application of Part to persons who were registered health practitioners\n\t(1)\tThis section applies to a person who was, but is no longer, registered in a health profession under this Law.\n\t(2)\tA notification may be made under this Part about, and proceedings may be taken under this Part against, the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered.\n\t(3)\tFor the purposes of subsection (2), this Part (other than Divisions 2 and 6) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person.\n139B—Application of Part to persons who were registered under corresponding prior Act\n\t(1)\tThis section applies to a person who—\n\t(a)\twas registered in a health profession under a corresponding prior Act; and\n\t(b)\tis not, and has not been, registered in a health profession under this Law.\n\t(2)\tA notification may be made under this Part about, and proceedings may be taken under this Part against, the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act.\n\t(3)\tHowever, subsection (2) applies only to the extent—\n\t(a)\ta notification about the person's behaviour could have been made under the corresponding prior Act; and\n\t(b)\tproceedings could have been taken under the corresponding prior Act.\n\t(4)\tFor the purposes of subsection (2), this Part (other than Divisions 2 and 7) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person.\nDivision 2—Mandatory notifications\n140—Definition of notifiable conduct\nnotifiable conduct, in relation to a registered health practitioner, means—\n\t(a)\tpractising the practitioner's profession while intoxicated by alcohol or drugs; or\n\t(b)\tengaging in sexual misconduct in connection with the practice of the practitioner's profession; or\n\t(c)\tplacing the public at risk of substantial harm in the practitioner's practice of the profession because the practitioner has an impairment; or\n\t(d)\tplacing the public at risk of harm by practising the profession in a way that constitutes a significant departure from accepted professional standards.\n141—Mandatory notifications by health practitioners other than treating practitioners\n\t(1)\tThis section applies to a registered health practitioner (the first health practitioner) who, in the course of practising the first health practitioner's profession, forms a reasonable belief that—\n\t(a)\tanother registered health practitioner (the second health practitioner) has behaved in a way that constitutes notifiable conduct; or\n\t(b)\ta student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.\n\t(2)\tThe first health practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner's notifiable conduct or the student's impairment.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237(3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.\n\t(2A)\tHowever, subsection (2) does not apply if the first health practitioner forms the reasonable belief in the course of providing a health service to the second health practitioner or student.\n\t(3)\tA contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.\n\t(4)\tFor the purposes of subsection (1), the first health practitioner does not form the reasonable belief in the course of practising the profession if—\n\t(a)\tthe first health practitioner—\n\t(i)\tis employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and\n\t(ii)\tforms the reasonable belief the second health practitioner has behaved in a way that constitutes notifiable conduct, or the student has an impairment, as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or\n\t(b)\tthe first health practitioner forms the reasonable belief in the course of providing advice in relation to the notifiable conduct or impairment for the purposes of a legal proceeding or the preparation of legal advice; or\n\t(c)\tthe first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the notifiable conduct or impairment is an issue; or\n\t(d)\tthe first health practitioner—\n\t(i)\tforms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and\n\t(ii)\tis unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or\n\t(e)\tthe first health practitioner knows, or reasonably believes, the National Agency has been notified of the notifiable conduct or impairment that forms the basis of the reasonable belief.\n141A—Mandatory notifications by treating practitioners of sexual misconduct\n\t(1)\tThis section applies to a registered health practitioner (the treating practitioner) who, in the course of providing a health service to another registered health practitioner (the second health practitioner), forms a reasonable belief that the second health practitioner has engaged, is engaging, or is at risk of engaging, in sexual misconduct in connection with the practice of the practitioner's profession.\n\t(2)\tThe treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner's conduct that forms the basis of the reasonable belief.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.\n\t(3)\tA contravention of subsection (2) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.\n\t(4)\tThis section applies subject to section 141C.\n141B—Mandatory notifications by treating practitioners of substantial risk of harm to public\n\t(1)\tSubsection (2) applies to a registered health practitioner (the treating practitioner) who, in the course of providing a health service to another registered health practitioner (the second health practitioner), forms a reasonable belief that the second health practitioner is placing the public at substantial risk of harm by practising the profession—\n\t(a)\twhile the practitioner has an impairment; or\n\t(b)\twhile intoxicated by alcohol or drugs; or\n\t(c)\tin a way that constitutes a significant departure from accepted professional standards.\n\t(2)\tThe treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner's conduct that forms the basis of the reasonable belief.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.\n\t(3)\tSubsection (4) applies to a registered health practitioner (also the treating practitioner) who, in the course of providing a health service to a student, forms a reasonable belief that the student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.\n\t(4)\tThe treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the student's impairment.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.\n\t(5)\tIn considering whether the public is being, or may be, placed at substantial risk of harm, the treating practitioner may consider the following matters relating to an impairment of the second health practitioner or student—\n\t(a)\tthe nature, extent and severity of the impairment;\n\t(b)\tthe extent to which the second health practitioner or student is taking, or is willing to take, steps to manage the impairment;\n\t(c)\tthe extent to which the impairment can be managed with appropriate treatment;\n\t(d)\tany other matter the treating practitioner considers is relevant to the risk of harm the impairment poses to the public.\n\t(6)\tA contravention of subsection (2) or (4) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.\n\t(7)\tThis section applies subject to section 141C.\n141C—When practitioner does not form reasonable belief in course of providing health service\n\t(1)\tThis section applies if a registered health practitioner (the first health practitioner) forms a reasonable belief about—\n\t(a)\ta matter, relating to another registered health practitioner (the second health practitioner), mentioned in section 141A(1) or 141B(1); or\n\t(b)\ta matter, relating to a student, mentioned in section 141B(3).\n\t(2)\tFor this Division, the first health practitioner is taken not to form the reasonable belief in the course of providing a health service to the second health practitioner or student if—\n\t(a)\tthe first health practitioner—\n\t(i)\tis employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and\n\t(ii)\tforms the reasonable belief about the matter as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or\n\t(b)\tthe first health practitioner forms the reasonable belief in the course of providing advice in relation to the matter for the purposes of a legal proceeding or the preparation of legal advice; or\n\t(c)\tthe first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the matter is an issue; or\n\t(d)\tthe first health practitioner—\n\t(i)\tforms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and\n\t(ii)\tis unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or\n\t(e)\tthe first health practitioner knows, or reasonably believes, the National Agency has been notified of the matter that forms the basis of the reasonable belief.\n142—Mandatory notifications by employers\n\t(1)\tIf an employer of a registered health practitioner reasonably believes the health practitioner has behaved in a way that constitutes notifiable conduct, the employer must notify the National Agency of the notifiable conduct.\nAn employer takes action against a registered health practitioner by withdrawing or restricting the practitioner's clinical privileges at a hospital because the employer reasonably believes the public is at risk of harm by the practitioner practising the profession in a way that constitutes a significant departure from accepted professional standards—see paragraph (d) of the definition of notifiable conduct in section 140. The employer must notify the National Agency of the notifiable conduct.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237(3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.\n\t(2)\tIf the National Agency becomes aware that an employer of a registered health practitioner has failed to notify the Agency of notifiable conduct as required by subsection (1), the Agency must give a written report about the failure to the responsible Minister for the participating jurisdiction in which the notifiable conduct occurred.\n\t(3)\tAs soon as practicable after receiving a report under subsection (2), the responsible Minister must report the employer's failure to notify the Agency of the notifiable conduct to a health complaints entity, the employer's licensing authority or another appropriate entity in that participating jurisdiction.\nemployer, of a registered health practitioner, means an entity that employs the health practitioner under a contract of employment or a contract for services.\nlicensing authority, of an employer, means an entity that under a law of a participating jurisdiction is responsible for licensing, registering or authorising the employer to conduct the employer's business.\n143—Mandatory notification by education providers\n\t(1)\tAn education provider must notify the National Agency if the provider reasonably believes—\n\t(a)\ta student enrolled in a program of study provided by the provider has an impairment that, in the course of the student undertaking clinical training as part of the program of study, may place the public at substantial risk of harm; or\n\t(b)\ta student for whom the education provider has arranged clinical training has an impairment that, in the course of the student undertaking the clinical training, may place the public at substantial risk of harm.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who make a notification under this Law. Section 237(3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.\n\t(2)\tA contravention of subsection (1) does not constitute an offence.\n\t(3)\tHowever, if an education provider does not comply with subsection (1)—\n\t(a)\tthe National Board established for the student's health profession must publish details of the failure on the Board's website; and\n\t(b)\tthe National Agency may, on the recommendation of the National Board, include a statement about the failure in the Agency's annual report.\nDivision 3—Voluntary notifications\n144—Grounds for voluntary notification\n\t(1)\tA voluntary notification about a registered health practitioner may be made to the National Agency on any of the following grounds—\n\t(a)\tthat the practitioner's professional conduct is, or may be, of a lesser standard than that which might reasonably be expected of the practitioner by the public or the practitioner's professional peers;\n\t(b)\tthat the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the practitioner's health profession is, or may be, below the standard reasonably expected;\n\t(c)\tthat the practitioner is not, or may not be, a suitable person to hold registration in the health profession, including, for example, that the practitioner is not a fit and proper person to be registered in the profession;\n\t(d)\tthat the practitioner has, or may have, an impairment;\n\t(e)\tthat the practitioner has, or may have, contravened this Law;\n\t(f)\tthat the practitioner has, or may have, contravened a condition of the practitioner's registration or an undertaking given by the practitioner to a National Board;\n\t(g)\tthat the practitioner's registration was, or may have been, improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular.\n\t(2)\tA voluntary notification about a student may be made to the National Agency on the grounds that—\n\t(a)\tthe student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or\n\t(b)\tthe student has, or may have, an impairment; or\n\t(c)\tthat the student has, or may have, contravened a condition of the student's registration or an undertaking given by the student to a National Board.\n145—Who may make voluntary notification\nAny entity that believes that a ground on which a voluntary notification may be made exists in relation to a registered health practitioner or a student may notify the National Agency.\nSee section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.\nDivision 4—Making a notification\n146—How notification is made\n\t(1)\tA notification may be made to the National Agency—\n\t(a)\tverbally, including by telephone; or\n\t(b)\tin writing, including by email or other electronic means.\n\t(2)\tA notification must include particulars of the basis on which it is made.\n\t(3)\tIf a notification is made verbally, the National Agency must make a record of the notification.\n147—National Agency to provide reasonable assistance to notifier\n\t(1)\tThe National Agency must, if asked by an entity, give the entity reasonable assistance to make a notification about a registered health practitioner or student.\n\t(2)\tWithout limiting subsection (1), the National Agency may assist an entity to make a notification if—\n\t(a)\tthe entity is not able to put the entity's notification in writing without assistance; or\n\t(b)\tthe entity needs assistance to clarify the nature of the individual's notification.\nDivision 5—Preliminary assessment\n148—Referral of notification to National Board or co‑regulatory authority\n\t(1)\tSubject to subsections (2) and (3), the National Agency must, as soon as practicable after receiving a notification about a registered health practitioner or a student, refer the notification to the National Board established for the practitioner's or student's health profession.\n\t(2)\tIf the behaviour that is the basis for the ground for the notification occurred, or is reasonably believed to have occurred, in a co‑regulatory jurisdiction, the National Agency—\n\t(a)\tmust not deal with the notification; and\n\t(b)\tmust, as soon as practicable after receiving the notification, refer the notification to the co‑regulatory authority for the co‑regulatory jurisdiction.\n\t(3)\tIf the behaviour that is the basis for the ground for the notification occurred, or is reasonably believed to have occurred, in more than one jurisdiction and one of the jurisdictions is a co‑regulatory jurisdiction, the National Agency must—\n\t(a)\tif the registered health practitioner's principal place of practice is in the co‑regulatory jurisdiction, refer the notification under subsection (2); or\n\t(b)\totherwise, refer the notification under subsection (1).\n149—Preliminary assessment\n\t(1)\tA National Board must, within 60 days after receipt of a notification, conduct a preliminary assessment of the notification and decide—\n\t(a)\twhether or not the notification relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and\n\t(b)\twhether or not the notification relates to a matter that is a ground for notification; and\n\t(c)\tif the notification is a notification referred to in paragraphs (a) and (b), whether or not it is a notification that could also be made to a health complaints entity.\n\t(2)\tWithout limiting subsection (1)(b), the National Board may decide the notification relates to a matter that is a ground for notification under section 144 on the basis of—\n\t(a)\ta single notification about a person; or\n\t(b)\ta number of notifications about a person including—\n\t(i)\ta number of notifications that suggest a pattern of conduct; and\n\t(ii)\tnotifications made to a health complaints entity.\n\t(3)\tIf the National Board decides the notification relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the notification to that other Board.\n149A—Power to require information\n\t(1)\tFor the purpose of conducting the preliminary assessment of a notification, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way.\n\t(2)\tThe person must comply with the notice unless the person has a reasonable excuse.\n\t(3)\tWithout limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual.\n149B—Inspection of documents\n\t(1)\tIf a document is produced to a National Board, the Board may—\n\t(c)\tkeep the document while it is necessary for the preliminary assessment of a notification.\n\t(2)\tIf the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board.\n150—Relationship with health complaints entity\n\t(1)\tIf the subject matter of a notification would also provide a ground for a complaint to a health complaints entity under a law of a participating jurisdiction, the National Board that received the notification must, as soon as practicable after its receipt—\n\t(a)\tnotify the health complaints entity that the Board has received the notification; and\n\t(b)\tgive to the health complaints entity—\n\t(i)\ta copy of the notification or, if the notification was not made in writing, a copy of the National Agency's record of the details of the notification; and\n\t(ii)\tany other information the Board has that is relevant to the notification.\n\t(2)\tIf a health complaints entity receives a complaint about a health practitioner, the health complaints entity must, as soon as practicable after its receipt—\n\t(a)\tnotify the National Board established for the practitioner's health profession that the health complaints entity has received the complaint; and\n\t(b)\tgive to the National Board—\n\t(i)\ta copy of the complaint or, if the complaint was not made in writing, a copy of the health complaints entity's record of the details of the complaint; and\n\t(ii)\tany other information the health complaints entity has that is relevant to the complaint.\n\t(3)\tThe National Board and the health complaints entity must attempt to reach agreement about how the notification or complaint is to be dealt with, including—\n\t(a)\twhether the Board is to deal with the notification or complaint, or part of the notification or complaint, or to decide to take no further action in relation to it; and\n\t(b)\tif the Board is to deal with the notification or complaint or part of the notification or complaint, the action the Board is to take.\n\t(4)\tIf the National Board and the health complaints entity are not able to reach agreement on how the notification or complaint, or part of the notification or complaint, is to be dealt with, the most serious action proposed by either must be taken.\n\t(5)\tIf an investigation, conciliation or other action taken by a health complaints entity raises issues about the health, conduct or performance of a registered health practitioner, the health complaints entity must give the National Board established for the practitioner's health profession written notice of the issues.\n\t(6)\tIf a notification, or part of a notification, received by a National Board is referred to a health complaints entity, the Board may decide to take no further action in relation to the notification or the part of the notification until the entity gives the Board written notice that the entity has finished dealing with it.\n\t(7)\tIf a National Board or an adjudication body takes health, conduct or performance action in relation to a registered health practitioner, the Board established for the practitioner's health profession must give written notice of the action to the health complaints entity for the participating jurisdiction in which the behaviour that provided the basis for the action occurred.\n\t(8)\tA written notice under subsection (5) or (7) must include—\n\t(a)\tsufficient particulars to identify the registered health practitioner; and\n\t(b)\tdetails of—\n\t(i)\tthe issues raised about the health, conduct or performance of the registered health practitioner; or\n\t(ii)\tthe health, conduct or performance action taken in relation to the registered health practitioner.\n150A—Referral to other entities\n\t(1)\tIf, after conducting the preliminary assessment of a notification, the National Board decides the subject matter, or part of the subject matter, of the notification may be dealt with by another entity, the Board may refer the notification or part of the notification to the other entity.\n\t(2)\tA decision by the National Board to refer a notification or part of a notification to another entity does not prevent the Board from continuing to deal with the notification or part of the notification.\n\t(3)\tIf the National Board decides to refer a notification or part of a notification to another entity, it must give the other entity—\n\t(a)\ta copy of the notification or, if the notification was not made in writing, a copy of the Board's record of the details of the notification; and\n\t(b)\tany other information the Board has that is relevant to the notification.\n\t(4)\tThe National Board may ask the other entity to give the Board information about how the subject matter of the notification or the part of the notification was resolved.\n\t(5)\tThe other entity may provide the information requested by the National Board.\n151—When National Board may decide to take no further action\n\t(1)\tA National Board may decide to take no further action in relation to a notification if—\n\t(a)\tthe Board reasonably believes the notification is frivolous, vexatious, misconceived or lacking in substance; or\n\t(b)\tgiven the amount of time that has elapsed since the matter the subject of the notification occurred, it is not practicable for the Board to investigate or otherwise deal with the notification; or\n\t(c)\tthe person to whom the notification relates has not been, or is no longer, registered in a health profession for which the Board is established and it is not in the public interest for the Board to investigate or otherwise deal with the notification; or\n\t(d)\tthe subject matter of the notification has already been dealt with adequately by the Board; or\n\t(e)\tthe subject matter of the notification—\n\t(i)\tis being dealt with, or has already been dealt with, by another entity; or\n\t(ii)\thas been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or\n\t(f)\tthe health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification.\n\t(1A)\tA National Board may decide to take no further action in relation to part of a notification if the subject matter of the part of the notification has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity.\n\t(2)\tA decision by a National Board to decide to take no further action in relation to a notification does not prevent a National Board or adjudication body taking the notification into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.\n\t(3)\tIf a National Board decides to take no further action in relation to a notification it must give written notice of the decision to the notifier.\n\t(4)\tA notice under subsection (3) must state—\n\t(a)\tthat the National Board has decided to take no further action in relation to the notification; and\n\t(b)\tthe reason the Board has decided to take no further action.\n152—National Board to give notice of receipt of notification\n\t(1)\tA National Board must, as soon as practicable after receiving a notification about a registered health practitioner or student, give written notice of the notification to the practitioner or student.\n\t(2)\tThe notice must advise the registered health practitioner or student of the nature of the notification.\n\t(3)\tDespite subsection (1), the National Board is not required to give the registered health practitioner or student notice of the notification if the Board reasonably believes doing so would—\n\t(a)\tprejudice an investigation of the notification; or\n\t(b)\tplace at risk a person's health or safety or place a person at risk of intimidation or harassment.\nDivision 6—Other matters\n153—National Board may deal with notifications about same person together\nIf the National Agency receives more than one notification about a registered health practitioner or student, the National Board established for the health profession in which the practitioner or student is registered may deal with the notifications together.\n154—National Boards may deal with notifications collaboratively\n\t(1)\tThis section applies if a notification received by a National Board relates to—\n\t(a)\ta registered health practitioner who is registered in more than one health profession; or\n\t(b)\tmore than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or\n\t(c)\ta person who is registered as a student in more than one health profession; or\n\t(d)\tmore than one student and the students are registered in 2 or more different health professions.\n\t(2)\tThe National Board may deal with the notification in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered.\nDivision 7—Immediate action\n155—Definition\nimmediate action, in relation to a registered health practitioner or student, means—\n\t(a)\tthe suspension, or imposition of a condition on, the health practitioner's or student's registration; or\n\t(b)\taccepting an undertaking from the health practitioner or student; or\n\t(c)\taccepting the surrender of the health practitioner's or student's registration; or\n\t(d)\tif immediate action has previously been taken suspending a health practitioner's or student's registration—the revocation of the suspension and the imposition of a condition on the registration; or\n\t(e)\tif immediate action has previously been taken imposing a condition on a health practitioner's or student's registration—the suspension of the registration instead of the condition.\n156—Power to take immediate action\n\t(1)\tA National Board may take immediate action in relation to a registered health practitioner or student registered in a health profession for which the Board is established if—\n\t(a)\tthe National Board reasonably believes that—\n\t(i)\tbecause of the registered health practitioner's health, conduct or performance, the practitioner poses a serious risk to persons; and\n\t(ii)\tit is necessary to take immediate action to protect public health or safety; or\n\t(b)\tthe National Board reasonably believes that—\n\t(i)\tthe student poses a serious risk to persons because the student—\n\t(A)\thas been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or\n\t(B)\thas, or may have, an impairment; or\n\t(C)\thas, or may have, contravened a condition of the student's registration or an undertaking given by the student to a National Board; and\n\t(ii)\tit is necessary to take immediate action to protect public health or safety; or\n\t(c)\tthe registered health practitioner's registration was improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular; or\n\t(d)\tthe registered health practitioner's or student's registration has been cancelled or suspended under the law of a jurisdiction, whether in Australia or elsewhere, that is not a participating jurisdiction; or\n\t(e)\tthe National Board reasonably believes the action is otherwise in the public interest.\nExample of when action may be taken in the public interest—\nA registered health practitioner is charged with a serious criminal offence, unrelated to the practitioner's practice, for which immediate action is required to be taken to maintain public confidence in the provision of services by health practitioners.\n\t(2)\tHowever, the National Board may take immediate action that consists of suspending, or imposing a condition on, the health practitioner's or student's registration only if the Board has complied with section 157.\n157—Show cause process\n\t(1)\tIf a National Board is proposing to take immediate action that consists of suspending, or imposing a condition on, a registered health practitioner's or student's registration under section 156, the Board must—\n\t(a)\tgive the practitioner or student notice of the proposed immediate action; and\n\t(b)\tinvite the practitioner or student to make a submission to the Board, within the time stated in the notice about the proposed immediate action.\n\t(2)\tA notice given to a registered health practitioner or student under subsection (1), and any submissions made by the practitioner or student in accordance with the notice, may be written or verbal.\n\t(3)\tThe National Board must have regard to any submissions made by the registered health practitioner or student in accordance with this section in deciding whether to take immediate action in relation to the practitioner or student.\n158—Notice to be given to registered health practitioner or student about immediate action\n\t(1)\tImmediately after deciding to take immediate action in relation to a registered health practitioner or student, the National Board must—\n\t(a)\tgive written notice of the Board's decision to the health practitioner or student; and\n\t(b)\ttake the further action under this Part the Board considers appropriate, including, for example, investigating the practitioner or student or requiring the practitioner or student to undergo a health or performance assessment.\n\t(a)\tthe immediate action the National Board has decided to take; and\n\t(b)\tthe reasons for the decision to take the immediate action; and\n\t(c)\tthe further action the National Board proposes to take under this Part in relation to the health practitioner or student; and\n\t(d)\tthat the registered health practitioner or student may appeal against the decision to take the immediate action if the action is to suspend, or impose a condition on, the practitioner's or student's registration; and\n\t(e)\thow an application for appeal may be made and the period within which the application must be made.\n159—Period of immediate action\n\t(1)\tThe decision by the National Board to take immediate action in relation to the registered health practitioner or student takes effect on—\n\t(a)\tthe day the notice is given to the practitioner or student; or\n\t(2)\tThe decision continues to have effect until the earlier of the following occurs—\n\t(a)\tthe decision is set aside on appeal;\n\t(b)\tfor the suspension of, or imposition of conditions on, the registered health practitioner's or student's registration, the suspension is revoked, or the conditions are removed, by the National Board; or\n\t(c)\tfor an undertaking, the National Board and the registered health practitioner or student agree to end the undertaking.\n159A—Board may give information to notifier about immediate action\n\t(1)\tThis section applies if a notification about a registered health practitioner or student results in immediate action by a National Board under this division in relation to the practitioner or student.\n\t(2)\tAfter deciding to take the immediate action, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.\n","sortOrder":31},{"sectionNumber":"Div 7A","sectionType":"division","heading":"Interim prohibition orders","content":"Division 7A—Interim prohibition orders\n159B—Definitions\ninterim prohibition order, in relation to an individual named in the order, means an order in relation to any or all of the following—\n\t(a)\tprohibiting the individual from doing either or both of the following—\n\t(i)\tproviding a specified health service or all health services;\n\t(ii)\ttaking or using a specified title or any title protected under Subdivision 1 of Division 10 of Part 7;\n\t(b)\timposing restrictions on the provision of a specified health service or all health services by the individual.\nrelevant provision means any of the following provisions—\n\t(a)\tsection 113;\n\t(b)\tsections 115 to 119;\n\t(c)\tsections 121 to 123;\n\t(d)\tsection 133;\n\t(e)\tsection 136.\n159C—Issuing of interim prohibition order\n\t(1)\tA regulatory body may issue an interim prohibition order to an unregistered person if—\n\t(a)\tthe person—\n\t(i)\thas, in the regulatory body's reasonable belief, contravened a relevant provision; or\n\t(ii)\tis the subject of an assessment, investigation or other proceedings under this Part; and\n\t(b)\tthe regulatory body reasonably believes that—\n\t(i)\tthe person poses a serious risk to persons; and\n\t(ii)\tit is necessary that the person be subject to an interim prohibition order to protect public health or safety.\n\t(2)\tSubsection (1)(a) extends to an unregistered person who—\n\t(a)\tcontravened a relevant provision while the person was a registered health practitioner; or\n\t(b)\tis the subject of an assessment, investigation or other proceedings under this Part in relation to the person's conduct while the person was a registered health practitioner.\n159D—Show cause process for interim prohibition orders\n\t(1)\tIf a regulatory body proposes to issue an interim prohibition order to an unregistered person, the body must give the person notice of the proposed order.\n\t(2)\tNotice under subsection (1)—\n\t(a)\tmay be given in writing or verbally; and\n\t(b)\tmust invite the unregistered person to make written or verbal submissions to the regulatory body, within the stated time, about the proposed interim prohibition order.\n\t(3)\tAfter considering any submission made by the unregistered person in accordance with the notice, the regulatory body must—\n\t(a)\tdecide whether or not to issue the interim prohibition order; and\n\t(b)\timmediately after making the decision, give the unregistered person written notice of the body's decision.\n\t(4)\tThe notice of the regulatory body's decision must include the following—\n\t(c)\tif the decision is to issue the interim prohibition order—\n\t(i)\tthat the unregistered person may appeal against the decision; and\n159E—Decision to take urgent action to issue interim prohibition order\n\t(1)\tThis section applies if a regulatory body—\n\t(a)\tproposes to issue an interim prohibition order to an unregistered person under section 159C; and\n\t(b)\treasonably believes it is necessary to take urgent action to issue the interim prohibition order to protect public health or safety.\n\t(2)\tDespite section 159D, the regulatory body may issue the unregistered person with an interim prohibition order without complying with the requirements of that section.\n\t(3)\tThe interim prohibition order must be accompanied by a notice inviting the unregistered person to make a written or verbal submission to the regulatory body, within the time stated in the notice, about the interim prohibition order.\n\t(4)\tThe time stated in the notice for the making of the submission must not be less than 7 days after the notice is given to the unregistered person.\n\t(5)\tThe regulatory body must consider any submissions made by the unregistered person within a reasonable time.\n\t(6)\tAfter considering any submission made by the unregistered person in accordance with the notice, the regulatory body must—\n\t(a)\tdecide to confirm the issue of the interim prohibition order or revoke it; and\n\t(b)\tgive the unregistered person written notice of the body's decision.\n\t(7)\tThe notice of the regulatory body's decision must include the following—\n\t(c)\tif the decision is to confirm the issue of the interim prohibition order—\n\t(i)\tthat the unregistered person may appeal against the decision; and\n159F—Duration of interim prohibition order\n\t(1)\tAn interim prohibition order starts on the later of the following days—\n\t(a)\tthe day the order is issued to the unregistered person the subject of the order;\n\t(b)\tthe day, if any, stated in the order.\n\t(2)\tSubject to section 159J(3), an interim prohibition order ends on—\n\t(a)\tunless the order is revoked or extended by a regulatory body—\n\t(i)\tthe day that is 60 days after the day on which the order starts; or\n\t(ii)\tthe day stated in the order, which cannot be more than 60 days after the day on which the order starts; or\n\t(b)\tthe day the order is revoked under section 159G; or\n\t(c)\tif the order is extended by a regulatory body under section 159H—the day decided by the regulatory body.\n159G—Revocation or variation of interim prohibition order\n\t(1)\tA regulatory body must, as soon as practicable, revoke an interim prohibition order issued by the regulatory body to an unregistered person if the regulatory body is satisfied the grounds on which the order was issued—\n\t(a)\tno longer exist in relation to the person; or\n\t(b)\tdid not exist at the time the interim prohibition order was issued to the person.\n\t(2)\tDespite subsection (1), a regulatory body may vary the grounds on which an interim prohibition order was issued to an unregistered person (a varied interim prohibition order) if the regulatory body—\n\t(a)\tis satisfied a different or additional ground specified in section 159C(1)(a) exists in relation to the person; and\n\t(b)\tcontinues to reasonably believe the ground specified in section 159C(1)(b) exists in relation to the person.\n\t(3)\tSection 159E(3) to (7) applies to the varied interim prohibition order, with any necessary modifications, as if it were the issue of an interim prohibition order.\n\t(4)\tDespite subsections (1) and (2), an interim prohibition order that has been extended or substituted by a responsible tribunal may only be revoked or varied by the tribunal.\nSee sections 159L and 159M.\n159H—Extension of interim prohibition order by regulatory body\n\t(1)\tA regulatory body may extend an interim prohibition order, by a period of not more than 60 days, if the body reasonably believes it is necessary in the circumstances.\n\t(2)\tSections 159C to 159E apply to the proposed extension of an interim prohibition order, with any necessary modifications, as if it were the proposed issue of an interim prohibition order.\n\t(3)\tA regulatory body may extend an interim prohibition order under this section only once.\n159I—Regulatory body may give information to notifier about interim prohibition order\n\t(1)\tThis section applies if either of the following results in the issue of an interim prohibition order to an unregistered person—\n\t(a)\ta notification about an unregistered person who was, but is no longer, a registered health practitioner;\n\t(b)\ta complaint about an unregistered person.\n\t(2)\tAfter issuing or extending the interim prohibition order, the regulatory body may inform the following persons of the decision to issue or extend the order and the reasons for the decision—\n\t(a)\tthe notifier who made the notification;\n\t(b)\tthe person who made the complaint.\n159J—Application for extension of interim prohibition order by regulatory body\n\t(1)\tThis section applies if a regulatory body reasonably believes either of the following grounds still exist and will continue to exist beyond the day on which the interim prohibition order will expire—\n\t(a)\tthe grounds on which the order was issued;\n\t(b)\tthe grounds on which the order was varied.\n\t(2)\tThe regulatory body may, before the interim prohibition order expires, apply to a responsible tribunal to extend the order.\n\t(3)\tIf the regulatory body applies to a responsible tribunal for an extension of the interim prohibition order, the order continues until—\n\t(a)\tif the tribunal confirms the order—the day the order would have ended under section 159F; or\n\t(b)\tif the tribunal extends the order—the day the tribunal decides the order will end; or\n\t(c)\tif the tribunal substitutes another interim prohibition order for the order issued by the regulatory body—the day the substituted order starts; or\n\t(d)\tif the order is set aside—the day the order is set aside.\n159K—Decision about extension of interim prohibition order\n\t(1)\tAfter hearing an application under section 159J about an interim prohibition order, the responsible tribunal may decide—\n\t(a)\tan interim prohibition order is necessary; or\n\t(b)\tan interim prohibition order is not necessary.\n\t(2)\tWithout limiting subsection (1), in deciding whether an interim prohibition order is necessary, the responsible tribunal must have regard to—\n\t(a)\tthe nature and extent of the risk the unregistered person, because of the person's health, conduct or performance, poses to—\n\t(i)\tpersons; or\n\t(ii)\tpublic health or safety; and\n\t(b)\twhether the regulatory body has acted, and is continuing to act, as quickly as practicable in the circumstances to deal with the matter that forms the grounds for issuing the interim prohibition order.\n\t(3)\tIf the responsible tribunal decides an interim prohibition order is necessary, it may—\n\t(a)\tconfirm the interim prohibition order issued by the regulatory body; or\n\t(b)\textend the interim prohibition order issued by the regulatory body, with or without amendment, for the period the tribunal considers appropriate in the circumstances; or\n\t(c)\tsubstitute another interim prohibition order for the order issued by the regulatory body.\n\t(4)\tIf the responsible tribunal substitutes another interim prohibition order for the order issued by the regulatory body, the substituted order continues for the period the tribunal considers appropriate in the circumstances.\n\t(5)\tIf the responsible tribunal decides an interim prohibition order is not necessary, the interim prohibition order is set aside.\n159L—Revocation of extended or substituted interim prohibition order by responsible tribunal\n\t(a)\ta responsible tribunal has extended or substituted an interim prohibition order under section 159K(3) (an extended or substituted interim prohibition order); and\n\t(b)\ta regulatory body is satisfied the grounds on which the interim prohibition order was issued—\n\t(i)\tno longer exist in relation to the person; or\n\t(ii)\tdid not exist at the time the interim prohibition order was issued.\n\t(2)\tA regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to revoke the order.\n\t(3)\tIf the regulatory body applies to the responsible tribunal for the revocation of the extended or substituted interim prohibition order, the order continues until—\n\t(a)\tif the responsible tribunal decides the order is necessary—the day on which the order ends; or\n\t(b)\tthe day the order is revoked under subsection (5).\n\t(4)\tAfter hearing a matter about an extended or substituted interim prohibition order, the responsible tribunal may decide—\n\t(a)\tan interim prohibition order is necessary; or\n\t(b)\tan interim prohibition order is not necessary.\n\t(5)\tIf the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked.\n159M—Variation of interim prohibition order by responsible tribunal\n\t(a)\ta responsible tribunal has extended or substituted an interim prohibition order under section 159K(3) (an extended or substituted interim prohibition order); and\n\t(b)\ta regulatory body—\n\t(i)\tis satisfied a different or additional ground specified in section 159C(1)(a) exists in relation to the person; and\n\t(ii)\tcontinues to reasonably believe the ground specified in section 159C(1)(b) exists in relation to the person.\n\t(2)\tA regulatory body may, before the extended or substituted interim prohibition order ends, apply to the responsible tribunal to vary the order.\n\t(3)\tAfter hearing an application under subsection (2), the responsible tribunal may decide—\n\t(a)\tnot to vary the extended or substituted interim prohibition order if the tribunal is not satisfied a different or additional ground specified in section 159C(1)(a) exists in relation to the person; or\n\t(b)\tto vary the extended or substituted interim prohibition order if the tribunal is satisfied—\n\t(i)\ta different or additional ground specified in section 159C(1)(a) exists in relation to the person; and\n\t(ii)\tthe ground specified in section 159C(1)(b) continues to exist in relation to the person; or\n\t(c)\tan interim prohibition order is not necessary.\n\t(4)\tIf the responsible tribunal decides an interim prohibition order is not necessary, the order is revoked.\n159N—Publication of information about interim prohibition orders\n\t(1)\tThe National Agency must publish the following information about a person subject to an interim prohibition order on its website—\n\t(a)\tthe person's name;\n\t(b)\tthe day the order starts;\n\t(c)\tthe action prohibited or restrictions imposed by the order.\n\t(2)\tIf the name of the person subject to an interim prohibition order is included in a National Register or Specialists Register, the requirement in subsection (1) is satisfied if the information specified in that subsection is included in the register.\n\t(3)\tThe requirement to publish the information does not apply if—\n\t(a)\tthe regulatory body that issued the order—\n\t(i)\tissued the order without complying with the requirements of section 159D; and\n\t(ii)\treasonably believes there is no overriding public interest in the publication of the information; or\n\t(b)\tthe person subject to the order asks the regulatory body that issued the order not to publish the information and the regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of—\n\t(i)\tthe person; or\n\t(ii)\ta member of the person's family or an associate of the person.\n\t(4)\tIf a regulatory body decides to confirm the issue of the interim prohibition order after considering any submission made by the unregistered person under section 159E(5), the regulatory body must publish the information specified in subsection (1).\n\t(5)\tDespite subsection (4), a regulatory body may decide not to publish the information specified in subsection (1) if—\n\t(a)\tthe person subject to the order asks the regulatory body not to publish the information; and\n\t(b)\tthe regulatory body reasonably believes the publication of the information would present a serious risk to the health or safety of—\n\t(i)\tthe person; or\n\t(ii)\ta member of the person's family or an associate of the person.\n\t(6)\tIf an interim prohibition order is revoked or set aside—\n\t(a)\ta regulatory body must remove the information specified in subsection (1) from its website; and\n\t(b)\tfor information included in a National Register or Specialists Register—the National Board must remove the information specified in subsection (1) from the register.\n\t(7)\tIn this section—\nassociate, of a person, includes a friend, neighbour or colleague of the person.\nfamily, of a person, includes—\n\t(a)\tother persons related to the person by blood, marriage or adoption, for example, the person's spouse, children and parents; and\n\t(b)\tother persons in a de facto relationship with the person; and\n\t(c)\tother persons connected to the person through Aboriginal and Torres Strait Islander kinship ties.\n159O—Offences relating to interim prohibition orders\n\t(1)\tA person must not contravene an interim prohibition order.\nMaximum penalty: $60 000 or 3 years imprisonment or both.\n\t(2)\tA person who is subject to an interim prohibition order (the prohibited person) must, before providing a health service, give written notice of the order to the following persons—\n\t(a)\tthe person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person;\n\t(b)\tif the health service is to be provided by the prohibited person as an employee—the person's employer;\n\t(c)\tif the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity;\n\t(d)\tif the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity.\n\t(3)\tA person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to an interim prohibition order.\n","sortOrder":32},{"sectionNumber":"Div 7B","sectionType":"division","heading":"Public statements","content":"Division 7B—Public statements\n159P—Definition\nrelevant provision means any of the following provisions—\n\t(a)\tsection 113;\n\t(b)\tsections 115 to 119;\n\t(c)\tsections 121 to 123;\n\t(d)\tsection 133;\n\t(e)\tsection 136.\n159Q—Making of public statement\n\t(1)\tA regulatory body may make a public statement about a person if—\n\t(a)\tthe person—\n\t(i)\thas, in the regulatory body's reasonable belief, contravened a relevant provision; or\n\t(ii)\tis the subject of an assessment, investigation or other proceedings under this Part; and\n\t(b)\tthe regulatory body reasonably believes that—\n\t(i)\tbecause of the person's conduct, performance or health, the person poses a serious risk to persons; and\n\t(ii)\tit is necessary to issue a public statement to protect public health or safety.\n\t(2)\tA public statement made by a regulatory body may be made in a way the body considers appropriate.\n\t(3)\tThe regulatory body may identify and give warnings or information about either or both of the following if the body considers it appropriate in the circumstances—\n\t(a)\ta person;\n\t(b)\thealth services provided by a person.\n\t(4)\tNo liability is incurred by the regulatory body for the making of, or for anything done for the purpose of making, a public statement under this section in good faith.\n159R—Show cause process for public statement\n\t(1)\tIf a regulatory body proposes to make a public statement about a person, the body must give the person a written notice that includes the following information—\n\t(a)\tthat the body proposes to make a public statement about the person;\n\t(b)\tthe way in which it is proposed to make the public statement;\n\t(c)\tthe content of the proposed public statement;\n\t(d)\tthat the person may make written or verbal submissions to the regulatory body, within the reasonable time stated in the notice, about the proposed public statement.\n\t(2)\tAfter considering any submission made by the person in accordance with the notice, the regulatory body must decide—\n\t(a)\tnot to make the public statement; or\n\t(b)\tto make the public statement as proposed; or\n\t(c)\tto make the public statement in a different way or with different content.\n\t(3)\tThe regulatory body must give written notice of the body's decision, that includes the following information, to the person—\n\t(c)\tif the decision is to make the public statement—\n\t(i)\tthat the person may appeal against the decision; and\n\t(4)\tThe regulatory body must give the notice to the person—\n\t(a)\tas soon as practicable after the decision is made; and\n\t(b)\tif the decision is to make the public statement—at least one business day before the statement is to be made.\n159S—Revision of public statement by regulatory body\n\t(1)\tA regulatory body that made a public statement about a person may revise the statement if the regulatory body reasonably believes it is necessary in the circumstances.\n\t(2)\tIf the proposed revision changes the public statement in a material way, sections 159Q(2) and (3) and 159R apply to the proposed revision, with any necessary modifications, as if it were the proposed making of a public statement.\n159T—Revocation of public statement\n\t(1)\tA regulatory body that made a public statement about a person must revoke the public statement if the body is satisfied the grounds on which the statement was made—\n\t(a)\tno longer exist in relation to the person; or\n\t(b)\tdid not exist at the time the statement was made.\n\t(2)\tAs soon as practicable after deciding to revoke the public statement, the regulatory body must—\n\t(a)\tgive the person a written notice stating—\n\t(i)\tthe regulatory body has decided to revoke the public statement; and\n\t(ii)\tthe date on which the public statement will be revoked; and\n\t(b)\tmake a public statement revoking the original public statement in the same way, or a similar way, to the way in which the original public statement was made.\nDivision 8—Investigations\nSubdivision 1—Preliminary\n160—When investigation may be conducted\n\t(1)\tA National Board may investigate a registered health practitioner or student registered in a health profession for which the Board is established if it decides it is necessary or appropriate—\n\t(a)\tbecause the Board has received a notification about the practitioner or student; or\n\t(b)\tbecause the Board for any other reason believes—\n\t(i)\tthe practitioner or student has or may have an impairment; or\n\t(ii)\tfor a practitioner—\n\t(A)\tthe way the practitioner practises the profession is or may be unsatisfactory; or\n\t(B)\tthe practitioner's conduct is or may be unsatisfactory; or\n\t(c)\tto ensure the practitioner or student—\n\t(i)\tis complying with conditions imposed on the practitioner's or student's registration; or\n\t(ii)\tan undertaking given by the practitioner or student to the Board.\n\t(2)\tIf a National Board decides to investigate a registered health practitioner or student it must direct an appropriate investigator to conduct the investigation.\n161—Registered health practitioner or student to be given notice of investigation\n\t(1)\tA National Board that decides to investigate a registered health practitioner or student must, as soon as practicable after making the decision, give the practitioner or student written notice about the investigation.\n\t(2)\tThe notice must advise the registered health practitioner or student of the nature of the matter being investigated.\n\t(3)\tAlso, the National Board must, at not less than 3 monthly intervals, give the written notice of the progress of the investigation to—\n\t(a)\tthe registered health practitioner or student; and\n\t(b)\tif the investigation relates to a notification made about the registered health practitioner or student, the notifier.\n\t(4)\tHowever, the National Board need not give the registered health practitioner or student a notice under subsection (1) or (3) if the Board reasonably believes giving the notice may—\n\t(a)\tseriously prejudice the investigation; or\n\t(b)\tplace at risk a person's health or safety; or\n\t(c)\tplace a person at risk of harassment or intimidation.\n162—Investigation to be conducted in timely way\nThe National Board must ensure an investigator it directs to conduct an investigation conducts the investigation as quickly as practicable, having regard to the nature of the matter to be investigated.\nSubdivision 2—Investigators\n163—Appointment of investigators\n\t(1)\tA National Board may appoint the following persons as investigators—\n\t(a)\tmembers of the National Agency's staff;\n\t(b)\tcontractors engaged by the National Agency.\n\t(2)\tAn investigator holds office on the conditions stated in the instrument of appointment.\n\t(3)\tIf an investigator's appointment provides for a term of appointment, the investigator ceases holding office at the end of the term.\n\t(4)\tAn investigator may resign by signed notice of resignation given to the National Board which appointed the investigator.\n\t(5)\tSchedule 5 sets out provisions relating to the powers of an investigator.\n164—Identity card\n\t(1)\tA National Board must give an identity card to each investigator it appoints.\n\t(2)\tThe identity card must—\n\t(a)\tcontain a recent photograph of the investigator; and\n\t(b)\tbe signed by the investigator; and\n\t(c)\tidentify the person as an investigator appointed by the National Board; and\n\t(d)\tinclude an expiry date.\n\t(3)\tThis section does not prevent the issue of a single identity card to a person—\n\t(a)\tif the person is appointed as an investigator for this Law by more than one National Board; or\n\t(b)\tfor this Law and other Acts.\n\t(4)\tA person who ceases to be an investigator must give the person's identity card to the National Board that appointed the person within 7 days after the person ceases to be an investigator, unless the person has a reasonable excuse.\n165—Display of identity card\n\t(1)\tAn investigator may exercise a power in relation to someone else (the other person) only if the investigator—\n\t(a)\tfirst produces the investigator's identity card for the other person's inspection; or\n\t(b)\thas the identity card displayed so it is clearly visible to the other person.\n\t(2)\tHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the investigator must produce the identity card for the other person's inspection at the first reasonable opportunity.\nSubdivision 3—Procedure after investigation\n166—Investigator's report about investigation\n\t(1)\tAs soon as practicable after completing an investigation under this Division, an investigator must give a written report about the investigation to the National Board that directed the investigator to carry out the investigation.\n\t(2)\tThe report must include—\n\t(a)\tthe investigator's findings about the investigation; and\n\t(b)\tthe investigator's recommendations about any action to be taken in relation to the health practitioner or student the subject of the investigation.\n167—Decision by National Board\nAfter considering the investigator's report, the National Board must decide—\n\t(a)\tto take no further action in relation to the matter; or\n\t(b)\tto do either or both of the following—\n\t(i)\ttake the action the Board considers necessary or appropriate under another Division;\n\t(ii)\trefer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\n167A—Board may give information to notifier about result of investigation\n\t(1)\tThis section applies if a notification about a registered health practitioner or student results in a decision by a National Board under section 167 in relation to the practitioner or student.\n\t(2)\tAfter making the decision, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.\nDivision 9—Health and performance assessments\n168—Definition\nassessment means—\n\t(a)\ta health assessment; or\n\t(b)\ta performance assessment.\n169—Requirement for health assessment\nA National Board may require a registered health practitioner or student to undergo a health assessment if the Board reasonably believes, because of a notification or for any other reason, that the practitioner or student has, or may have, an impairment.\n170—Requirement for performance assessment\nA National Board may require a registered health practitioner to undergo a performance assessment if the Board reasonably believes, because of a notification or for any other reason, that the way the practitioner practises the profession is or may be unsatisfactory.\n171—Appointment of assessor to carry out assessment\n\t(1)\tIf the National Board requires a registered health practitioner or student to undergo an assessment, the National Agency must appoint an assessor chosen by the Board to carry out the assessment.\n\t(2)\tThe assessor must be—\n\t(a)\tfor a health assessment, a medical practitioner or psychologist who is not a member of the National Board; or\n\t(b)\tfor a performance assessment, a registered health practitioner who—\n\t(i)\tis a member of the same health profession as the registered health practitioner or student undergoing assessment; but\n\t(ii)\tis not a member of the National Board established for that profession.\n\t(3)\tThe assessor may ask another health practitioner to assist the assessor in carrying out the assessment of the registered health practitioner or student.\n\t(4)\tThe assessor's fee for carrying out the assessment is to be paid out of the National Board's budget.\n172—Notice to be given to registered health practitioner or student about assessment\n\t(1)\tA requirement by a National Board for a registered health practitioner or student to undergo an assessment must be made by written notice given to the practitioner or student.\n\t(2)\tThe written notice must state—\n\t(a)\tthat the registered health practitioner or student is required to undergo a health assessment or performance assessment; and\n\t(b)\tthe nature of the assessment to be carried out; and\n\t(c)\tthe name and qualifications of the registered health practitioner who is to carry out the assessment; and\n\t(d)\tthat if the registered health practitioner or student does not undergo the assessment the National Board may continue to take proceedings in relation to the practitioner or student under this Part.\n173—Assessor may require information or attendance\nFor the purposes of conducting an assessment of a registered health practitioner or student, an assessor may, by written notice given to the practitioner or student, require the practitioner or student to—\n\t(a)\tgive stated information to the assessor within a stated reasonable time and in a stated reasonable way; or\n\t(b)\tattend before the assessor at a stated time and a stated place to undergo the assessment.\nExample of stated place—\nThe registered health practitioner's principal place of practice.\n174—Inspection of documents\n\t(1)\tIf a document is produced to an assessor, the assessor may—\n\t(c)\tkeep the document while it is necessary for the assessment.\n\t(2)\tIf the assessor keeps the document, the assessor must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the assessor.\n175—Report from assessor\nThe assessor must, as soon as practicable after carrying out the assessment, give to the National Board a report about the assessment.\n176—Copy of report to be given to health practitioner or student\n\t(1)\tThe National Board must, as soon as practicable after receiving the assessor's report, give a copy of the report to—\n\t(a)\tthe registered health practitioner or student to whom it relates; or\n\t(b)\tif the report contains information the Board considers may, if disclosed to the practitioner or student, be prejudicial to the practitioner's or student's physical or mental health or wellbeing, to a medical practitioner or psychologist nominated by the practitioner or student.\n\t(2)\tIf a medical practitioner or psychologist is given a copy of a report about a registered health practitioner or student under subsection (1)(b), the medical practitioner or psychologist must give a copy of the report to the practitioner or student as soon as it will no longer be prejudicial to the practitioner's or student's health or wellbeing.\n\t(3)\tAfter the registered health practitioner or student has been given a copy of the report under subsection (1)(a) or (2), a person nominated by the Board must—\n\t(a)\tdiscuss the report with the practitioner or student; and\n\t(b)\tif the report makes an adverse finding about the practitioner's practice of the profession or states that the assessor finds the practitioner has an impairment, discuss with the practitioner ways of dealing with the finding, including, for a practitioner, whether the practitioner is prepared to alter the way the practitioner practises the health profession.\n177—Decision by National Board\nAfter considering the assessor's report and the discussions held with the registered health practitioner or student under section 176(3), the National Board may decide to—\n\t(a)\ttake the action the Board considers necessary or appropriate under another Division; or\n\t(b)\trefer the matter to another entity, including, for example, a health complaints entity, for investigation or other action; or\n\t(c)\ttake no further action in relation to the matter.\n177A—Board may give information to notifier about decision following assessor's report\n\t(1)\tThis section applies if a notification about a registered health practitioner or student results in a decision by a National Board under section 177 in relation to the practitioner or student.\n\t(2)\tAfter making the decision, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.\nDivision 10—Action by National Board\n178—National Board may take action\n\t(a)\ta National Board reasonably believes, because of a notification or for any other reason—\n\t(i)\tthe way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner's professional conduct, is or may be unsatisfactory; or\n\t(ii)\ta registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or\n\t(iii)\ta student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or\n\t(iv)\ta student has or may have contravened a condition of the student's registration or an undertaking given by the student to a National Board; or\n\t(v)\ta registered health practitioner's registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and\n\t(b)\tthe matter is not required to be referred to a responsible tribunal under section 193, including because of a decision made under section 193A that it is not in the public interest; and\n\t(c)\tthe Board decides it is not necessary or appropriate to refer the matter to a panel.\n\t(2)\tThe National Board may decide to take one or more of the following actions (relevant action) in relation to the registered health practitioner or student—\n\t(a)\tcaution the registered health practitioner or student;\n\t(b)\taccept an undertaking from the registered health practitioner or student;\n\t(c)\timpose conditions on the practitioner's or student's registration, including, for example, in relation to a practitioner—\n\t(i)\ta condition requiring the practitioner to complete specified further education or training within a specified period; or\n\t(iii)\ta condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner's practice; or\n\t(v)\ta condition requiring the practitioner to report to a specified person at specified times about the practitioner's practice; or\n\t(d)\trefer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\n\t(3)\tIf the National Board decides to impose a condition on the registered health practitioner's or student's registration, the Board must also decide a review period for the condition.\n179—Show cause process\n\t(1)\tIf a National Board is proposing to take relevant action in relation to a registered health practitioner or student, the Board must—\n\t(a)\tgive the practitioner or student written notice of the proposed relevant action; and\n\t(b)\tinvite the practitioner or student to make a written or verbal submission to the Board, within the reasonable time stated in the notice, about the proposed relevant action.\n\t(2)\tAfter considering any submissions made by the registered health practitioner or student in accordance with this section, the National Board must decide to—\n\t(a)\ttake no action in relation to the matter; or\n\t(b)\tdo any of the following—\n\t(i)\ttake the proposed relevant action or other relevant action;\n\t(ii)\ttake other action under this Part;\n\t(iii)\trefer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.\n180—Notice to be given to health practitioner or student and notifier\n\t(1)\tAs soon as practicable after making a decision under section 179(2), the National Board must give written notice of the decision to—\n\t(a)\tthe registered health practitioner or student; and\n\t(b)\tif the decision was the result of a notification, the notifier.\n\t(2)\tA notice under subsection (1)(b) may also include the reasons for the decision.\nDivision 11—Panels\n181—Establishment of health panel\n\t(1)\tA National Board may establish a health panel if—\n\t(a)\tthe Board reasonably believes, because of a notification or for any other reason, that a registered health practitioner or student has or may have an impairment; and\n\t(b)\tthe Board decides it is necessary or appropriate for the matter to be referred to a panel.\n\t(1A)\tAlso, a National Board must establish a health panel if the suspension of a practitioner's or student's registration is to be reconsidered under section 191(4A) or 191A(2)(c).\n\t(2)\tA health panel must consist of the following members chosen from a list referred to in section 183—\n\t(a)\tat least one member who is a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing;\n\t(b)\tat least one member who is a medical practitioner with expertise relevant to the matter the subject of the hearing;\n\t(c)\tat least one member who is not, and has not been, a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing.\n\t(3)\tIn choosing members of the panel, the National Board must, if possible, choose a member from the jurisdiction in which the matter the subject of the hearing occurred.\n\t(4)\tNo more than half of the members of the panel may be registered health practitioners in the same health profession as the registered health practitioner or student the subject of the hearing.\n\t(5)\tHowever, for subsection (4), if the subject of the hearing is a registered health practitioner who is a medical practitioner, a member of the panel referred to in subsection (2)(b) is not to be considered to be registered in the same health profession as the registered health practitioner the subject of the hearing.\n\t(6)\tA person cannot be appointed to the panel if the person has been involved in any proceedings relating to the matter the subject of the hearing by the panel.\n182—Establishment of performance and professional standards panel\n\t(1)\tA National Board may establish a performance and professional standards panel if—\n\t(a)\tthe Board reasonably believes, because of a notification or for any other reason, that—\n\t(i)\tthe way a registered health practitioner practises the health profession is or may be unsatisfactory; or\n\t(ii)\tthe registered health practitioner's professional conduct is or may be unsatisfactory; and\n\t(b)\tthe Board decides it is necessary or appropriate for the matter to be referred to a panel.\n\t(2)\tA performance and professional standards panel must consist of at least 3 members.\n\t(3)\tIn choosing members of the panel, the National Board must, if possible, choose a member from the jurisdiction in which the matter the subject of the hearing occurred.\n\t(4)\tAt least half, but no more than two-thirds, of the members of the panel must be persons who are—\n\t(a)\tregistered health practitioners in the same health profession as the registered health practitioner the subject of the hearing; and\n\t(b)\tchosen from a list approved under section 183.\n\t(5)\tAt least one member must be a person who represents the community and chosen from a list approved under section 183.\n\t(6)\tA person may not be appointed to the panel if the person has been involved in any proceedings relating to the matter the subject of the hearing by the panel.\n183—List of approved persons for appointment to panels\n\t(1)\tA National Board may appoint individuals to a list of persons approved to be appointed as members of panels.\n\t(2)\tTo the extent practicable, individuals appointed under subsection (1) should not—\n\t(a)\tfor registered health practitioners, be individuals whose principal place of practice is in a co‑regulatory jurisdiction; or\n\t(b)\totherwise, be individuals who live in a co‑regulatory jurisdiction.\n184—Notice to be given to registered practitioner or student\n\t(1)\tA panel must give notice of its hearing of a matter to the registered health practitioner or student the subject of the hearing.\n\t(a)\tthe day, time and place at which the hearing is to be held; and\n\t(b)\tthe nature of the hearing and the matters to be considered at the hearing; and\n\t(c)\tthat the registered health practitioner or student is required to attend the hearing; and\n\t(d)\tthat the registered health practitioner may be accompanied at the hearing by an Australian legal practitioner or other person; and\n\t(e)\tthat if the registered health practitioner or student fails to attend the hearing the hearing may continue, and the panel may make a decision, in the practitioner's or student's absence; and\n\t(f)\tthe types of decision the panel may make at the end of the hearing.\n\t(3)\tFor a panel established under section 181(1A), the panel—\n\t(a)\tmay decide the hearing may be decided entirely on the basis of documents, without parties, their representatives or witnesses appearing at the hearing; and\n\t(b)\tif the hearing is to be decided entirely on the basis of documents—must give written notice of the decision to the registered health practitioner or student the subject of the hearing.\n\t(4)\tThe health practitioner or student may within 14 days after receiving the notice under subsection (3)(b) give a written notice to the panel—\n\t(a)\trequesting a hearing; and\n\t(b)\tundertaking to be available to attend the hearing within 28 days after giving the notice.\n\t(5)\tIf the health practitioner or student gives a notice under subsection (4), the panel must give the health practitioner or student notice under subsection (1) stating a day for the hearing that is not more than 28 days after the practitioner's or student's notice was given.\n\t(6)\tSubsection (1) does not apply if—\n\t(a)\tthe panel makes a decision under subsection (3); and\n\t(b)\tthe health practitioner or student does not give notice under subsection (4).\n185—Procedure of panel\n\t(1)\tSubject to this Division, a panel may decide its own procedures.\n\t(2)\tA panel is required to observe the principles of natural justice but is not bound by the rules of evidence.\n\t(3)\tA panel may have regard to—\n\t(a)\ta report prepared by an assessor about the registered health practitioner or student; and\n\t(b)\tany other information the panel considers relevant to the hearing of the matter.\n186—Legal representation\n\t(1)\tAt a hearing of a panel, the registered health practitioner or student the subject of the hearing may be accompanied by an Australian legal practitioner or another person.\n\t(2)\tAn Australian legal practitioner or other person accompanying the registered health practitioner or student may appear on behalf of the practitioner or student only with the leave of the panel.\n\t(3)\tThe panel may grant leave for an Australian legal practitioner or other person to appear on behalf of the registered health practitioner or student only if the panel considers it appropriate in the particular circumstances of the hearing.\n187—Submission by notifier\nIf a matter the subject of a hearing before a panel relates to a notification, the notifier may, with the leave of the panel, make a submission to the panel about the matter.\n188—Panel may proceed in absence of registered health practitioner or student\nAt a hearing, a panel may proceed in the absence of the registered health practitioner or student the subject of the proceedings if the panel reasonably believes the practitioner or student has been given notice of the hearing.\n189—Hearing not open to the public\nA hearing before a panel is not open to the public.\n190—Referral to responsible tribunal or National Board\n\t(1)\tA panel must stop hearing a matter and require the National Board that established the panel to refer the matter to a responsible tribunal under section 193 if, at any time—\n\t(a)\tthe practitioner or student the subject of the hearing asks the panel for the matter to be referred to a responsible tribunal under section 193; or\n\t(b)\tif the subject of the hearing is a registered health practitioner—the panel reasonably believes the evidence demonstrates the practitioner may have behaved in a way that constitutes professional misconduct.\n\t(2)\tA panel must stop hearing a matter and refer the matter to the National Board that established the panel if the panel reasonably believes the evidence demonstrates the practitioner's registration may have been improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.\n191—Decision of panel\n\t(1)\tAfter hearing a matter about a registered health practitioner, a panel may decide—\n\t(a)\tthe practitioner has no case to answer and no further action is to be taken in relation to the matter; or\n\t(b)\tone or more of the following—\n\t(i)\tthe practitioner has behaved in a way that constitutes unsatisfactory professional performance;\n\t(ii)\tthe practitioner has behaved in a way that constitutes unprofessional conduct;\n\t(iii)\tthe practitioner has an impairment;\n\t(iv)\tthe matter must be referred to a responsible tribunal under section 193;\n\t(v)\tthe matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action.\n\t(2)\tAfter hearing a matter about a student, a health panel may decide—\n\t(a)\tthe student has an impairment; or\n\t(b)\tthe matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action; or\n\t(c)\tthe student has no case to answer and no further action is to be taken in relation to the matter.\n\t(3)\tIf a panel decides a registered health practitioner or student has an impairment, or that a practitioner has behaved in a way that constitutes unsatisfactory professional performance or unprofessional conduct, the panel may decide to do one or more of the following—\n\t(a)\timpose conditions on the practitioner's or student's registration, including, for example, in relation to a practitioner—\n\t(i)\ta condition requiring the practitioner to complete specified further education or training within a specified period; or\n\t(iii)\ta condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner's practice; or\n\t(v)\ta condition requiring the practitioner to report to a specified person at specified times about the practitioner's practice; or\n\t(b)\tfor a health panel, suspend the practitioner's or student's registration;\n\t(c)\tfor a performance and professional standards panel, caution or reprimand the practitioner.\n\t(4)\tIf a panel decides to impose a condition on a registered health practitioner's or student's registration, the panel must also decide a review period for the condition.\n\t(4A)\tIf a panel suspends a health practitioner's or student's registration, the panel must decide a date (the reconsideration date) by which the suspension must be reconsidered by a panel established under section 181(1A).\n\t(5)\tA decision by a panel that a registered health practitioner has no case to answer in relation to a matter does not prevent a National Board or adjudication body taking the matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.\n191A—Decision of panel after reconsideration of suspension\n\t(1)\tThis section applies if the suspension of a health practitioner's or student's registration is reconsidered by a panel established under section 181(1A).\n\t(2)\tThe panel may—\n\t(a)\trevoke the suspension; or\n\t(b)\trevoke the suspension, impose conditions under section 191(3)(a) and decide a review period for the conditions under section 191(4); or\n\t(c)\tnot revoke the suspension and decide a new reconsideration date.\n191B—Change of reconsideration date for suspension of registration\n\t(1)\tThis section applies if the suspension of a health practitioner's or student's registration is to be reconsidered by a panel established under section 181(1A) on a reconsideration date.\n\t(2)\tThe panel may decide an earlier reconsideration date if—\n\t(a)\tthe health practitioner or student advises the panel of a material change in the practitioner's or student's circumstances and requests an earlier reconsideration date because of the change; and\n\t(b)\tthe panel is reasonably satisfied an earlier reconsideration date is necessary because of the change in circumstances.\n\t(3)\tFor subsection (2), the panel must give the practitioner or student written notice of—\n\t(a)\tif the panel decides an earlier reconsideration date—the earlier date; or\n\t(b)\tif the panel decides to refuse the request for an earlier reconsideration date—the panel's decision and the reasons for the decision.\n\t(4)\tThe panel may decide a later reconsideration date if the panel is reasonably satisfied it is necessary to enable the panel to reconsider the suspension.\nExamples of when the panel may be reasonably satisfied a later reconsideration date may be decided—\n\t(a)\tthe health practitioner or student is required for a hearing and cannot attend because of illness;\n\t(b)\tthe panel requires extra time to consider further evidence supplied by the health practitioner or student;\n\t(c)\textra time is required to appoint a panel member for a panel member who is ill.\n\t(5)\tFor subsection (4), the panel must give the health practitioner or student written notice of the later reconsideration date and the reasons for the decision.\n\t(6)\tThe suspension of the health practitioner's or student's registration remains in force until the panel makes a decision to revoke the suspension.\n192—Notice to be given about panel's decision\n\t(1)\tAs soon as practicable after making a decision under section 191 or 191A, a panel must give notice of its decision to the National Board that established it.\n\t(2)\tThe National Board must, within 30 days after the panel makes its decision, give written notice of the decision to—\n\t(a)\tthe registered health practitioner or student the subject of the hearing; and\n\t(b)\tif the hearing related to a notification, the notifier.\n\t(3)\tThe notice given to the registered health practitioner or student must state—\n\t(a)\tthe decision made by the panel; and\n\t(c)\tthat the registered health practitioner or student may appeal against the decision; and\n\t(d)\thow an application for appeal may be made and the period within which the application must be made.\n\t(4)\tA notice under subsection (2)(b) may also include the reasons for the decision.\n","sortOrder":33},{"sectionNumber":"Div 12","sectionType":"division","heading":"Referring matter to responsible tribunals","content":"Division 12—Referring matter to responsible tribunals\n193—Matters to be referred to responsible tribunal\n\t(1)\tSubject to section 193A, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if—\n\t(a)\tfor a registered health practitioner, the Board reasonably believes, based on a notification or for any other reason, the practitioner has behaved in a way that constitutes professional misconduct; or\n\t(b)\tfor a registered health practitioner or student, a panel established by the Board requires the Board to refer the matter to a responsible tribunal.\n\t(2)\tThe National Board must—\n\t(a)\trefer the matter to—\n\t(i)\tthe responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or\n\t(ii)\tif the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; and\n\t(b)\tgive written notice of the referral to the registered health practitioner or student to whom the matter relates.\n\t(3)\tSubsection (1)(a) does not require a National Board to refer a matter to a responsible tribunal if the behaviour constituting the professional misconduct consists of a registered health practitioner improperly obtaining registration because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.\nSee section 85C(b) which provides for the action a National Board may take if the Board decides a registered health practitioner's registration was improperly obtained.\n193A—National Boards may decide not to refer certain matters\n\t(1)\tA National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193(1)(a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal.\n\t(2)\tIn deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following—\n\t(a)\tthe need to protect the health and safety of the public;\n\t(b)\tthe seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct;\n\t(c)\twhether the practitioner is the subject of more than one notification or has previously been the subject of a notification;\n\t(d)\twhether the practitioner is still registered and, if not still registered, may again seek registration in the future;\n\t(e)\tany other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter;\n\t(f)\tany other matter the Board considers relevant to the decision.\n\t(3)\tIf a decision is made under this section to not refer a matter to a responsible tribunal, the National Agency must publish information about the decision in its annual report.\n194—Parties to the proceedings\nThe parties to proceedings relating to a matter being heard by a responsible tribunal are—\n\t(a)\tthe registered health practitioner or student who is the subject of the proceedings; and\n\t(b)\tthe National Board that referred the matter to the tribunal.\n195—Costs\nThe responsible tribunal may make any order about costs it considers appropriate for the proceedings.\n196—Decision by responsible tribunal about registered health practitioner\n\t(1)\tAfter hearing a matter about a registered health practitioner, a responsible tribunal may decide—\n\t(a)\tthe practitioner has no case to answer and no further action is to be taken in relation to the matter; or\n\t(b)\tone or more of the following—\n\t(i)\tthe practitioner has behaved in a way that constitutes unsatisfactory professional performance;\n\t(ii)\tthe practitioner has behaved in a way that constitutes unprofessional conduct;\n\t(iii)\tthe practitioner has behaved in a way that constitutes professional misconduct;\n\t(iv)\tthe practitioner has an impairment;\n\t(v)\tthe practitioner's registration was improperly obtained because the practitioner or someone else gave the National Board established for the practitioner's health profession information or a document that was false or misleading in a material particular.\n\t(2)\tIf a responsible tribunal makes a decision referred to in subsection (1)(b), the tribunal may decide to do one or more of the following—\n\t(a)\tcaution or reprimand the practitioner;\n\t(b)\timpose a condition on the practitioner's registration, including, for example—\n\t(i)\ta condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or\n\t(iii)\ta condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner's practice; or\n\t(v)\ta condition requiring the practitioner to report to a specified person at specified times about the practitioner's practice; or\n\t(c)\trequire the practitioner to pay a fine of not more than $30 000 to the National Board that registers the practitioner;\n\t(d)\tsuspend the practitioner's registration for a specified period;\n\t(e)\tcancel the practitioner's registration.\n\t(3)\tIf the responsible tribunal decides to impose a condition on the practitioner's registration, the tribunal must also decide a review period for the condition.\n\t(4)\tIf the tribunal decides to cancel a person's registration under this Law or the person does not hold registration under this Law, the tribunal may also decide to do one or more of the following—\n\t(a)\tdisqualify the person from applying for registration as a registered health practitioner for a specified period;\n\t(b)\tprohibit the person, either permanently or for a stated period, from doing either or both of the following—\n\t(i)\tproviding any health service or a specified health service;\n\t(ii)\tusing any title or a specified title;\n\t(c)\timpose restrictions, either permanently or for a stated period, on the provision of any health service or a specified health service by the person.\n196A—Offences relating to prohibition orders\n\t(1)\tA person must not contravene a prohibition order.\n\t(2)\tA person who is subject to a prohibition order (the prohibited person) must, before providing a health service, give written notice of the order to the following persons—\n\t(a)\tthe person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person;\n\t(b)\tif the health service is to be provided by the prohibited person as an employee—the person's employer;\n\t(c)\tif the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity;\n\t(d)\tif the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity.\n\t(3)\tA person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to a prohibition order.\n\t(a)\tin the case of an individual—$5 000; or\n\t(b)\tin the case of a body corporate—$10 000.\n197—Decision by responsible tribunal about student\n\t(1)\tAfter hearing a matter about a student, a responsible tribunal may decide—\n\t(a)\tthe student has an impairment; or\n\t(b)\tthe student has no case to answer and no further action is to be taken in relation to the matter.\n\t(2)\tIf the responsible tribunal decides the student has an impairment, the tribunal may decide—\n\t(a)\timpose a condition on the student's registration; or\n\t(b)\tsuspend the student's registration.\n198—Relationship with Act establishing responsible tribunal\nThis Division applies despite any provision to the contrary of the Act that establishes the responsible tribunal but does not otherwise limit that Act.\n","sortOrder":34},{"sectionNumber":"Div 13","sectionType":"division","heading":"Appeals","content":"Division 13—Appeals\n199—Appellable decisions\n\t(1)\tA person who is the subject of any of the following decisions (an appellable decision) may appeal against the decision to the appropriate responsible tribunal for the appellable decision—\n\t(a)\ta decision by a National Board to refuse to register the person;\n\t(aa)\ta decision by a National Board to withdraw the person's registration;\n\t(b)\ta decision by a National Board to refuse to endorse the person's registration;\n\t(c)\ta decision by a National Board to refuse to renew the person's registration;\n\t(d)\ta decision by a National Board to refuse to renew the endorsement of the person's registration;\n\t(e)\ta decision by a National Board to impose or change a condition on a person's registration or the endorsement of the person's registration, other than—\n\t(i)\ta condition relating to the person's qualification for general registration in the health profession; and\n\t(ii)\ta condition imposed by section 112(3)(a);\n\t(f)\ta decision by a National Board to refuse to change or remove a condition imposed on the person's registration or the endorsement of the person's registration;\n\t(g)\ta decision by a National Board to refuse to change or revoke an undertaking given by the person to the Board;\n\t(h)\ta decision by a National Board to suspend the person's registration;\n\t(ha)\ta decision by a regulatory body to issue or extend an interim prohibition order under Division 7A;\n\t(hb)\ta decision by a regulatory body to make or revise a public statement under Division 7B;\n\t(i)\ta decision by a panel to impose a condition on the person's registration;\n\t(j)\ta decision by a health panel to suspend the person's registration;\n\t(ja)\ta decision by a health panel not to revoke a suspension;\n\t(k)\ta decision by a performance and professional standards panel to reprimand the person.\n\t(2)\tFor the purposes of subsection (1), the appropriate responsible tribunal for an appellable decision is—\n\t(a)\tfor a decision to take health, conduct or performance action in relation to a registered health practitioner or student—\n\t(i)\tthe responsible tribunal for the participating jurisdiction in which the behaviour the subject of the decision occurred; or\n\t(ii)\tif the behaviour the subject of the decision occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; or\n\t(b)\tfor another decision in relation to a registered health practitioner, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; or\n\t(c)\tfor another decision in relation to a student, the responsible tribunal for the participating jurisdiction in which the student is undertaking the approved program of study or clinical training; or\n\t(d)\tfor a decision in relation to another person—\n\t(i)\tthe responsible tribunal for the participating jurisdiction in which the person lives; or\n\t(ii)\tif the person does not live in a participating jurisdiction, the responsible tribunal for the participating jurisdiction nominated by the National Board that made the appellable decision and specified in the notice given to the person of the appellable decision.\n200—Parties to the proceedings\nThe parties to proceedings relating to an appellable decision being heard by a responsible tribunal are—\n\t(a)\tthe person who is the subject of the appellable decision; and\n\t(b)\tthe National Board that—\n\t(i)\tmade the appellable decision; or\n\t(ii)\testablished the panel that made the appellable decision; and\n\t(c)\tthe National Agency if—\n\t(i)\tthe appellable decision is a decision mentioned in section 199(1)(ha) or (hb); and\n\t(ii)\tthe National Agency made the appellable decision.\n201—Costs\nThe responsible tribunal may make any order about costs it considers appropriate for the proceedings.\n202—Decision\n\t(1)\tAfter hearing the matter, the responsible tribunal may—\n\t(a)\tconfirm the appellable decision; or\n\t(b)\tamend the appellable decision; or\n\t(c)\tsubstitute another decision for the appellable decision.\n\t(2)\tIn substituting another decision for the appellable decision, the responsible tribunal has the same powers as the entity that made the appellable decision.\n203—Relationship with Act establishing responsible tribunal\nThis Division applies despite any provision to the contrary of the Act that establishes the responsible tribunal but does not otherwise limit that Act.\n","sortOrder":35},{"sectionNumber":"Div 14","sectionType":"division","heading":"Miscellaneous","content":"Division 14—Miscellaneous\n204—Notice from adjudication body\n\t(1)\tIf an adjudication body, other than a court, makes a decision in relation to a health practitioner or student registered in a health profession, it must give written notice of the decision to the National Board established for the profession.\n\t(a)\tthe decision made by the adjudication body; and\n\t(c)\tthe date the decision takes effect; and\n\t(d)\tany action the National Board must take to give effect to the decision.\n205—Implementation of decisions\n\t(1)\tA National Board must give effect to a decision of an adjudication body unless the decision is stayed on appeal.\n\t(2)\tWithout limiting subsection (1), the National Board must, if the notice given to the Board states that a health practitioner's or student's registration is cancelled, remove the practitioner's or student's name from the appropriate register kept by the Board.\n206—National Board to give notice to registered health practitioner's employer and other entities\n\t(a)\ta National Board—\n\t(i)\tdecides to take health, conduct or performance action against a registered health practitioner; or\n\t(ii)\treceives notice from an adjudication body that the adjudication body has decided to take health, conduct or performance action against a registered health practitioner; or\n\t(iii)\treceives notice from a co‑regulatory authority that an adjudication body in the co‑regulatory jurisdiction has decided to take health, conduct or performance action against a registered health practitioner; and\n\t(b)\tthe National Board has been given practice information under section 132 or becomes aware of practice information it should have been given under that section.\n\t(2)\tIf the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (a) of the definition of practice information in section 132(4) and includes the names of other registered health practitioners, the Board, as soon as practicable after an event specified in subsection (1)(a) occurs, may give written notice of the decision to—\n\t(a)\tthe named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises; and\n\t(b)\tthe named registered health practitioners with whom the practitioner previously shared premises and the cost of the premises if the Board reasonably believes the practitioner's health, conduct or performance while the practitioner shared the premises with the registered health practitioners posed—\n\t(i)\ta risk of harm to a person or a class of persons; or\n\t(ii)\ta risk to public health or safety.\n\t(3)\tIf the practice information given to the Board, or of which the Board becomes aware, is information referred to in paragraph (b) of the definition of practice information in section 132(4), the Board, as soon as practicable after an event specified in subsection (1)(a) occurs—\n\t(a)\tif the registered health practitioner has a current practice arrangement with an entity named in the information—must give written notice of the decision to the entity; or\n\t(b)\tif the practitioner had a previous practice arrangement with an entity named in the information—may give written notice of the decision to the entity if the Board reasonably believes the practitioner's health, conduct or performance while the practitioner had a practice arrangement with the entity posed—\n\t(i)\ta risk of harm to a person or a class of persons; or\n\t(ii)\ta risk to public health or safety.\ndecision means a decision of a National Board or adjudication body to take health, conduct or performance action against a registered health practitioner.\n207—Effect of suspension\nIf a person's registration as a health practitioner or student is suspended under this Law the person is taken during the period of suspension not to be registered under this Law, other than for the purposes of this Part.\n","sortOrder":36},{"sectionNumber":"Part 9","sectionType":"part","heading":"Finance","content":"Part 9—Finance\n208—Australian Health Practitioner Regulation Agency Fund\n\t(1)\tThe Australian Health Practitioner Regulation Agency Fund is established.\n\t(2)\tThe Agency Fund is to have a separate account for each National Board.\n\t(3)\tThe Agency Fund is a fund to be administered by the National Agency.\n\t(4)\tThe National Agency may establish accounts with any financial institution for money in the Agency Fund.\n\t(5)\tThe Agency Fund does not form part of the consolidated fund or consolidated account of a participating jurisdiction or the Commonwealth.\n209—Payments into Agency Fund\n\t(1)\tThere is payable into the Agency Fund—\n\t(a)\tall money appropriated by the Parliament of any participating jurisdiction or the Commonwealth for the purposes of the Fund; and\n\t(b)\tall fees, costs and expenses paid or recovered under this Law; and\n\t(c)\tall fines paid to, or recovered by, a National Board in accordance with an order of an adjudication body; and\n\t(d)\tthe proceeds of the investment of money in the Fund; and\n\t(e)\tall grants, gifts and donations made to the National Agency or a National Board, but subject to any trusts declared in relation to the grants, gifts or donations; and\n\t(f)\tall money directed or authorised to be paid into the Fund by or under this Law, any law of a participating jurisdiction or any law of the Commonwealth; and\n\t(g)\tany other money or property received by the National Agency or a National Board in connection with the exercise of its functions.\n\t(2)\tAny money paid into the Agency Fund under subsection (1) for or on behalf of a National Board must be paid into the Board's account kept within the Agency Fund.\n210—Payments out of Agency Fund\n\t(1)\tPayments may be made from the Agency Fund for the purpose of—\n\t(a)\tpaying any costs or expenses, or discharging any liabilities, incurred in the administration or enforcement of this Law; and\n\t(b)\tmaking payments to co‑regulatory authorities; and\n\t(c)\tany other payments recommended by the National Board or National Agency and approved by the Ministerial Council.\n\t(2)\tWithout limiting subsection (1)(a), a payment may be made from the Agency Fund to a responsible tribunal to meet the expenses of the responsible tribunal in performing functions under this Law.\n\t(3)\tA payment under subsection (1) may be made from a National Board's account kept within the Agency Fund only if the payment is in accordance with the Board's budget or otherwise approved by the Board.\n211—Investment of money in Agency Fund\n\t(1)\tSubject to this section, the National Agency may invest money in the Agency Fund in the way it considers appropriate.\n\t(2)\tThe National Agency may invest money in a National Board's account kept within the Agency Fund only if the Agency has consulted the Board about the investment.\n\t(3)\tAn investment under this section must be—\n\t(a)\tin Australian money; and\n\t(b)\tundertaken in Australia.\n\t(4)\tThe National Agency must use its best efforts to invest money in the Agency Fund in a way it considers is most appropriate in all the circumstances.\n\t(5)\tThe National Agency must keep records that show it has invested in the way most appropriate in the circumstances.\n\t(6)\tA security, safe custody acknowledgment or other document evidencing title accepted, guaranteed or issued for an investment arrangement must be held by the National Agency.\n212—Financial management duties of National Agency and National Boards\n\t(1)\tThe National Agency must—\n\t(a)\tensure that its operations are carried out efficiently, effectively and economically; and\n\t(b)\tkeep proper books and records in relation to the Agency Fund; and\n\t(c)\tensure that expenditure is made from the Agency Fund for lawful purposes only and, as far as possible, reasonable value is obtained for moneys expended from the Fund; and\n\t(d)\tensure that its procedures, including internal control procedures, afford adequate safeguards with respect to—\n\t(i)\tthe correctness, regularity and propriety of payments made from the Agency Fund; and\n\t(ii)\treceiving and accounting for payments made to the Agency Fund; and\n\t(iii)\tprevention of fraud or mistake; and\n\t(e)\ttake any action necessary to ensure the preparation of accurate financial statements in accordance with Australian Accounting Standards for inclusion in its annual report; and\n\t(f)\ttake any action necessary to facilitate the audit of those financial statements in accordance with this Law; and\n\t(g)\tarrange for any further audit by a qualified person of the books and records kept by the National Agency in relation to the Agency Fund, if directed to do so by the Ministerial Council.\n\t(2)\tA National Board must—\n\t(a)\tensure that its operations are carried out efficiently, effectively and economically; and\n\t(b)\ttake any action necessary to ensure that the National Agency is able to comply with this section in relation to the funding of the National Board in exercising its functions.\n","sortOrder":37},{"sectionNumber":"Part 10","sectionType":"part","heading":"Information and privacy","content":"Part 10—Information and privacy\n","sortOrder":38},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Australian Information Commissioner","content":"Division 1A—Australian Information Commissioner\n212A—Application of Commonwealth AIC Act\n\t(1)\tThe AIC Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\n\t(2)\tFor the purposes of subsection (1), the AIC Act applies—\n\t(a)\tas if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and\n\t(b)\tas if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and\n\t(c)\twith any other modifications made by the regulations.\n\t(3)\tWithout limiting subsection (2)(c), the regulations may—\n\t(a)\tprovide that the AIC Act applies under subsection (1) as if a provision of the AIC Act specified in the regulations were omitted; or\n\t(b)\tprovide that the AIC Act applies under subsection (1) as if an amendment to the AIC Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\nAIC Act means the Australian Information Commissioner Act 2010 of the Commonwealth, as in force from time to time.\nDivision 1—Privacy\n213—Application of Commonwealth Privacy Act\n\t(1)\tThe Privacy Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\n\t(2)\tFor the purposes of subsection (1), the Privacy Act applies—\n\t(a)\tas if a reference to the Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and\n\t(b)\twith any other modifications made by the regulations.\n\t(3)\tWithout limiting subsection (2)(b), the regulations may—\n\t(a)\tprovide that the Privacy Act applies under subsection (1) as if a provision of the Privacy Act specified in the regulations were omitted; or\n\t(b)\tprovide that the Privacy Act applies under subsection (1) as if an amendment to the Privacy Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\nPrivacy Act means the Privacy Act 1988 of the Commonwealth, as in force from time to time.\nDivision 2—Disclosure of information and confidentiality\n214—Definition\nprotected information means information that comes to a person's knowledge in the course of, or because of, the person exercising functions under this Law.\n215—Application of Commonwealth FOI Act\n\t(1)\tThe FOI Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\n\t(2)\tFor the purposes of subsection (1), the FOI Act applies—\n\t(a)\tas if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and\n\t(b)\tas if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and\n\t(c)\twith any other modifications made by the regulations.\n\t(3)\tWithout limiting subsection (2)(c), the regulations may—\n\t(a)\tprovide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the regulations were omitted; or\n\t(b)\tprovide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\nFOI Act means the Freedom of Information Act of the Commonwealth, as in force from time to time. \n216—Duty of confidentiality\n\t(1)\tA person who is, or has been, a person exercising functions under this Law must not disclose to another person protected information.\n\t(2)\tHowever, subsection (1) does not apply if—\n\t(a)\tthe information is disclosed in the exercise of a function under, or for the purposes of, this Law; or\n\t(b)\tthe disclosure—\n\t(i)\tis to a co‑regulatory authority; or\n\t(ii)\tis authorised or required by any law of a participating jurisdiction; or\n\t(c)\tthe disclosure is otherwise required or permitted by law; or\n\t(d)\tthe disclosure is with the agreement of the person to whom the information relates; or\n\t(e)\tthe disclosure is in a form that does not identify the identity of a person; or\n\t(f)\tthe information relates to proceedings before a responsible tribunal and the proceedings are or were open to the public; or\n\t(g)\tthe information is, or has been, accessible to the public, including because it is or was recorded in a National Register; or\n\t(h)\tthe disclosure is otherwise authorised by the Ministerial Council.\n217—Disclosure of information for workforce planning\n\t(1)\tThe Ministerial Council may, by written notice given to a National Board, ask the Board for information required by the Council for planning the workforce of health practitioners, or a class of practitioners, in Australia or a part of Australia.\n\t(2)\tIf a National Board receives a request under subsection (1), the Board may, by written notice given to health practitioners registered in a health profession for which the Board is established, ask the practitioners for information relevant to the request.\n\t(3)\tA registered health practitioner who is asked to provide information under subsection (2) may, but is not required to, provide the information.\n\t(4)\tThe National Board—\n\t(a)\tmust give information received from a registered health practitioner to the Ministerial Council in a way that does not identify any registered health practitioner; and\n\t(b)\tmust not use information received under this section that identifies a registered health practitioner for any other purpose.\n\t(5)\tThe Ministerial Council must publish information it receives under this section in a way that is timely and ensures it is accessible to the public.\n218—Disclosure of information for information management and communication purposes\n\t(1)\tA person may disclose protected information to an information management agency if the disclosure is in accordance with an authorisation given by the Ministerial Council under subsection (2).\n\t(2)\tThe Ministerial Council may authorise the disclosure of protected information to an information management agency if the Council is satisfied—\n\t(a)\tthe protected information will be collected, stored and used by the information management agency in a way that ensures the privacy of the persons to whom it relates is protected; and\n\t(b)\tthe provision of the protected information to the information management agency is necessary to enable the agency to exercise its functions.\n\t(3)\tAn authorisation under subsection (2)—\n\t(a)\tmay apply to protected information generally or a class of protected information; and\n\t(b)\tmay be subject to conditions.\ninformation management agency means a Commonwealth, State or Territory agency that has functions relating to the identification of health practitioners for information management and communication purposes, including, for example, the National E‑health Transition Authority.\n219—Disclosure of information to other Commonwealth, State and Territory entities\n\t(1)\tA person exercising functions under this Law may disclose protected information to the following entities—\n\t(a)\tthe Chief Executive Medicare under the Human Services (Medicare) Act 1973 of the Commonwealth;\n\t(b)\tan entity performing functions under the Health Insurance Act 1973 of the Commonwealth;\n\t(c)\tthe Secretary within the meaning of the National Health Act 1953 of the Commonwealth;\n\t(d)\tthe Secretary to the Department in which the Migration Act 1958 of the Commonwealth is administered;\n\t(e)\tanother Commonwealth, State or Territory entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners.\n\t(2)\tHowever, a person may disclose protected information under subsection (1) only if the person is satisfied—\n\t(a)\tthe protected information will be collected, stored and used by the entity to which it is disclosed in a way that ensures the privacy of the persons to whom it relates is protected; and\n\t(b)\tthe provision of the protected information to the entity is necessary to enable the entity to exercise its functions.\n220—Disclosure to protect health or safety of patients or other persons\n\t(1)\tThis section applies if a National Board reasonably believes that—\n\t(a)\teither of the following poses, or may pose, a risk to public health—\n\t(i)\ta registered health practitioner;\n\t(ii)\ta person who provides a health service but is not a registered health practitioner; or\n\t(b)\tthe health or safety of a patient or class of patients is or may be at risk because of—\n\t(i)\ta registered health practitioner's practice as a health practitioner; or\n\t(ii)\tthe provision of a health service by a person who is not a registered health practitioner.\n\t(2)\tThe National Board may give written notice of the risk and any relevant information about a person mentioned in subsection (1)(a) or (b) to an entity of the Commonwealth or a State or Territory that the Board considers may be required to take action in relation to the risk.\n220A—Disclosure of information about registered health practitioners to protect health or safety of persons\n\t(a)\tbecause of a notification or an investigation under this Law, a National Board reasonably believes that—\n\t(i)\tbecause of the registered health practitioner's health, conduct or performance, the practitioner poses a serious risk to persons; and\n\t(ii)\tit is necessary to give notice under this section to protect public health or safety; and\n\t(b)\tthe Board has been given practice information under section 132 or becomes aware of practice information the Board has the power to request under that section.\n\t(2)\tIf the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (a) of the definition of practice information in section 132(4) and includes the names of other registered health practitioners, the Board may give the following to the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises—\n\t(a)\twritten notice of the risk;\n\t(b)\tany relevant information about the registered health practitioner.\n\t(3)\tIf the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (b) of the definition of practice information in section 132(4), the Board, as soon as practicable after receiving or becoming aware of the information, must give the following to a named entity that has a current practice arrangement with the registered health practitioner—\n\t(a)\twritten notice of the risk;\n\t(b)\tany relevant information about the registered health practitioner.\n\t(4)\tTo avoid doubt, subsections (2) and (3) do not allow the Board to give health information about a patient to—\n\t(a)\tthe named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises; or\n\t(b)\tthe named entity that has a current practice arrangement with the practitioner.\n\t(5)\tSubsections (2) and (3) do not apply if the National Board decides it is not in the public interest to give the notice.\nA National Board may decide it is not in the public interest to give the notice because—\n\t(a)\tit would impact on an investigation into the registered health practitioner; or\n\t(b)\tit would place a notifier at risk of harassment, harm or intimidation; or\n\t(c)\tthe public interest is outweighed by the registered health practitioner's right to privacy.\n\t(6)\tSubsection (3) does not apply if the National Board has already notified the named entity about the practitioner, in relation to the same risk, under section 206 or another provision of this Law.\n\t(7)\tIn this section—\nhealth information has the same meaning as in the Privacy Act 1988 of the Commonwealth.\n220B—Disclosure of information about unregistered persons to protect health or safety of persons\n\t(a)\tbecause of an investigation into a possible offence against Part 7, or a prosecution of an offence against that Part, the National Agency or a National Board reasonably believes that—\n\t(i)\tan unregistered person poses a serious risk to persons; and\n\t(ii)\tit is necessary to give notice under this section to protect public health or safety; and\n\t(b)\tthe unregistered person—\n\t(i)\tis self-employed and shares premises and the cost of the premises with registered health practitioners; or\n\t(ii)\thas a practice arrangement with an entity.\n\t(2)\tThe National Agency or the National Board may give written notice of the risk, and any relevant information about the unregistered person, to the registered health practitioners or entities mentioned in subsection (1)(b).\n\t(3)\tTo avoid doubt, subsection (2) does not allow the Board to give health information about a patient to the registered health practitioners or entities mentioned in subsection (1)(b).\nhealth information has the same meaning as in the Privacy Act 1988 of the Commonwealth.\n221—Disclosure to registration authorities\nA person exercising functions under this Law may disclose protected information to a registration authority if the disclosure is necessary for the authority to exercise its functions.\nDivision 3—Registers in relation to registered health practitioner\n222—Public national registers\n\t(1)\tA public national register, with the name listed in column 1 of the following table, is to be kept for each health profession.\n\t(2)\tA public national register for a health profession is to include the names of all health practitioners (other than specialist health practitioners) currently registered in the profession.\n\t(3)\tIf divisions are listed beside the public national register in column 2 of the table, the register is to be kept in a way that ensures it includes those divisions.\n\t(4)\tIn addition, a public national register for a health profession is to include—\n\t(a)\tthe names of all health practitioners (other than specialist health practitioners) whose registration has been cancelled by an adjudication body; and\n\t(b)\tthe names of all persons (other than specialist health practitioners or persons who were previously specialist health practitioners) subject to a prohibition order; and\n\t(c)\tthe names of all persons who were previously registered health practitioners (other than persons who were previously specialist health practitioners) who are subject to an interim prohibition order.\n\t(5)\tA public national register required to be kept under this section is to be kept by the National Board prescribed by the regulations for the register, in conjunction with the National Agency.\n\nTable—Public national registers\nName of public national register\nDivisions of public national register\nRegister of Aboriginal and Torres Strait Islander Health Practitioners\n\nRegister of Chinese Medicine Practitioners\nAcupuncturists, Chinese herbal medicine practitioners, Chinese herbal dispensers\nRegister of Chiropractors\n\nRegister of Dental Practitioners\nDentists, Dental therapists, Dental hygienists, Dental prosthetists, Oral health therapists\nRegister of Medical Practitioners\n\nRegister of Medical Radiation Practitioners\nDiagnostic radiographers, Nuclear medicine technologists, Radiation therapists\nRegister of Midwives\n\nRegister of Nurses\nRegistered nurses (Division 1), Enrolled nurses (Division 2)\nRegister of Occupational Therapists\n\nRegister of Optometrists\n\nRegister of Osteopaths\n\nRegister of Paramedics\n\nRegister of Pharmacists\n\nRegister of Physiotherapists\n\nRegister of Podiatrists\n\nRegister of Psychologists\n\n223—Specialists Registers\nThe National Board established for a health profession for which specialist recognition operates under this Law must, in conjunction with the National Agency, keep—\n\t(a)\ta public national specialists register that includes the names of all specialist health practitioners currently registered in a health profession for which the Board is established; and\n\t(b)\ta public national register that includes the names of all—\n\t(i)\tspecialist health practitioners whose registration has been cancelled by an adjudication body; and\n\t(ii)\tpersons who are subject to a prohibition order; and\n\t(iii)\tpersons who were previously specialist health practitioners who are subject to an interim prohibition order.\n224—Way registers are to be kept\nSubject to this Division, a register a National Board is required to keep under this Division must be kept—\n\t(a)\tin a way that ensures it is up-to-date and accurate; and\n\t(b)\totherwise in the way the National Agency considers appropriate.\n225—Information to be recorded in National Register or Specialists Register\nA National Register or Specialists Register must include the following information for each registered health practitioner whose name is included in the register—\n\t(a)\tthe practitioner's sex;\n\t(aa)\tany alternative name for the practitioner that has been notified to the National Board under section 131A, unless—\n\t(i)\tthe alternative name is a prohibited name; and\n\t(ii)\tthe National Board has decided under section 131A(2)(a) to refuse to record the name in a National Register or Specialists Register;\n\t(b)\tthe suburb and postcode of the practitioner's principal place of practice;\n\t(c)\tthe registration number or code given to the practitioner by the National Board;\n\t(d)\tthe date on which the practitioner was first registered in the health profession in Australia, whether under this Law or a corresponding prior Act;\n\t(e)\tthe date on which the practitioner's registration expires;\n\t(f)\tthe type of registration held by the practitioner;\n\t(g)\tif the register includes divisions, the division in which the practitioner is registered;\n\t(h)\tif the practitioner holds specialist registration, the recognised specialty in which the practitioner is registered;\n\t(i)\tif the practitioner holds limited registration, the purpose for which the practitioner is registered;\n\t(j)\tif the practitioner has been reprimanded, the fact that the practitioner has been reprimanded;\n\t(k)\tif a condition has been imposed on the practitioner's registration or the National Board has entered into an undertaking with the practitioner—\n\t(i)\tif section 226(1) applies, the fact that a condition has been imposed or an undertaking accepted; or\n\t(ii)\totherwise, details of the condition or undertaking;\n\t(l)\tif the practitioner's registration is suspended, the fact that the practitioner's registration has been suspended and, if the suspension is for a specified period, the period during which the suspension applies;\n\t(m)\tif the practitioner's registration has been endorsed, details of the endorsement;\n\t(n)\tdetails of any qualifications relied on by the practitioner to obtain registration or to have the practitioner's registration endorsed;\n\t(o)\tif the practitioner has advised the National Board the practitioner fluently speaks a language other than English, details of the other language spoken;\n\t(p)\tany other information the National Board considers appropriate.\n226—National Board may decide not to include or to remove certain information in register\n\t(1)\tA National Board may decide that a condition imposed on a registered health practitioner's registration, or the details of an undertaking accepted from a registered health practitioner, because the practitioner has an impairment is not to be recorded in a National Register or Specialists Register in which the practitioner's name is included if—\n\t(a)\tit is necessary to protect the practitioner's privacy; and\n\t(b)\tthere is no overriding public interest for the condition or the details of the undertaking to be recorded.\n\t(2)\tA National Board may decide that information relating to a registered health practitioner is not to be recorded in a National Register or Specialists Register in which the practitioner's name is included if—\n\t(a)\tthe practitioner asks the Board not to include the information in the register; and\n\t(b)\tthe Board reasonably believes the inclusion of the information in the register would present a serious risk to the health or safety of—\n\t(i)\tthe practitioner; or\n\t(ii)\ta member of the practitioner's family or an associate of the practitioner.\n\t(2A)\tA National Board may decide to record information, which it previously excluded under subsection (2), in a National Register or Specialists Register if the Board reasonably believes the circumstances on which the previous exclusion was based have changed.\n\t(3)\tA National Board may decide to remove information that a registered health practitioner has been reprimanded from a National Register or Specialists Register in which the practitioner's name is included if it considers it is no longer necessary or appropriate for the information to be recorded on the Register.\nassociate, of a registered health practitioner, includes a friend, neighbour or colleague of the practitioner.\nfamily, of a registered health practitioner, includes—\n\t(a)\tpersons related to the practitioner by blood, marriage or adoption, for example, the practitioner's spouse, children and parents; and\n\t(b)\tpersons in a de facto relationship with the practitioner; and\n\t(c)\tpersons connected to the practitioner through Aboriginal and Torres Strait Islander kinship ties.\n227—Register about former registered health practitioners\nA register kept by a National Board under section 222 or 223(b) must include the following—\n\t(a)\tfor each health practitioner whose registration was cancelled by an adjudication body—\n\t(i)\tthe fact the practitioner's registration was cancelled by an adjudication body; and\n\t(ii)\tthe grounds on which the practitioner's registration was cancelled; and\n\t(iii)\tif the adjudication body's hearing was open to the public, details of the conduct that formed the basis of the adjudication;\n\t(b)\tfor each person subject to a prohibition order, a copy of the order.\n228—Inspection of registers\n\t(1)\tThe National Agency—\n\t(a)\tmust keep each register kept by a National Board under this Division open for inspection, free of charge, by members of the public—\n\t(i)\tat its national office and each of its local offices during ordinary office hours; and\n\t(ii)\ton the Agency's website; and\n\t(b)\tmust give a person an extract from the register on payment of the relevant fee; and\n\t(c)\tmay give a person a copy of the register on payment of the relevant fee.\n\t(2)\tThe National Agency may give a person a copy of the register under subsection (1)(c) only if the Agency is satisfied it would be in the public interest to do so.\n\t(3)\tThe National Agency may waive, wholly or partly, the payment of a fee by a person under subsection (1)(b) or (c) if the Agency considers it appropriate in the circumstances.\nDivision 4—Student registers\n229—Student registers\n\t(1)\tEach National Board must, in conjunction with the National Agency, keep a student register that includes the name of all persons currently registered as students by the Board.\n\t(2)\tA student register is not to be open to inspection by the public.\n230—Information to be recorded in student register\n\t(1)\tSubject to this Division, a student register kept by a National Board must be kept in the way the National Agency considers appropriate.\n\t(2)\tA student register kept by a National Board must include the following information for each student whose name is included in the register—\n\t(a)\tthe student's name;\n\t(b)\tthe student's date of birth;\n\t(c)\tthe student's sex;\n\t(d)\tthe student's mailing address and any other contact details;\n\t(e)\tthe name of the education provider that is providing the approved program of study being undertaken by the student;\n\t(f)\tthe date on which the student was first registered, whether under this law or a corresponding prior Act;\n\t(g)\tthe date on which the student started the approved program of study;\n\t(h)\tthe date on which the student is expected to complete the approved program of study;\n\t(i)\tif the student has completed or otherwise ceased to be enrolled in the approved program of study, the date of the completion or cessation;\n\t(j)\tif a condition has been imposed on the student's registration, details of the condition;\n\t(k)\tif the Board accepts an undertaking from the student, details of the undertaking;\n\t(l)\tany other information the Board considers appropriate.\nDivision 5—Other records\n231—Other records to be kept by National Boards\nA National Board must keep a record of the following information for each health practitioner it registers—\n\t(a)\tinformation that identifies the practitioner;\n\t(b)\tthe practitioner's contact details;\n\t(c)\tinformation about the practitioner's registration or endorsement;\n\t(d)\tinformation about any previous registration of the practitioner, whether in Australia or overseas;\n\t(e)\tinformation about any notification made about the practitioner and any investigation and health, conduct or performance action taken as a result of the notification;\n\t(f)\tinformation about the practitioner's professional indemnity insurance arrangements;\n\t(g)\tinformation about checks carried out by the Board about the practitioner's criminal history and identity, including the nature of the check carried out, when it was carried out and the nature of the information provided by the check.\n232—Record of adjudication decisions to be kept and made publicly available\n\t(1)\tA National Board is to keep and publish on its website a record of decisions made by—\n\t(a)\tpanels established by the Board; and\n\t(b)\tresponsible tribunals that relate to registered health practitioners or students registered in a health profession for which the Board is established.\n\t(2)\tThe record is to be kept—\n\t(a)\tin a way that does not identify persons involved in the matter, unless the decision was made by a responsible tribunal and the hearing was open to the public; and\n\t(b)\totherwise in the way decided by the National Board.\nDivision 6—Unique identifier\n233—Unique identifier to be given to each registered health practitioner\n\t(a)\ta National Board registers a person in a health profession for which the Board is established; and\n\t(b)\tthe person has not previously been registered by that Board or any other National Board.\n\t(2)\tThe National Board must, at the time of registering the person, give the person an identifying number or code (a unique identifier) that is unique to the person.\n\t(3)\tThe National Board must keep a record of the unique identifier given to the person.\n\t(4)\tIf the person is subsequently registered by the National Board or another Board the person is to continue to be identified by the unique identifier given to the person under subsection (2).\n","sortOrder":39},{"sectionNumber":"Part 11","sectionType":"part","heading":"Miscellaneous","content":"Part 11—Miscellaneous\nDivision 1—Provisions relating to persons exercising functions under Law\n234—General duties of persons exercising functions under this Law\n\t(1)\tA person exercising functions under this Law must, when exercising the functions, act honestly and with integrity.\n\t(2)\tA person exercising functions under this Law must exercise the person's functions under this Law—\n\t(a)\tin good faith; and\n\t(b)\tin a financially responsible manner; and\n\t(c)\twith a reasonable degree of care, diligence and skill.\n\t(3)\tA person exercising functions under this Law must not make improper use of the person's position or of information that comes to the person's knowledge in the course of, or because of, the person's exercise of the functions—\n\t(a)\tto gain an advantage for himself or herself or another person; or\n\t(b)\tto cause a detriment to the development, implementation or operation of the national registration and accreditation scheme.\n235—Application of Commonwealth Ombudsman Act\n\t(1)\tThe Ombudsman Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme.\n\t(2)\tFor the purposes of subsection (1), the Ombudsman Act applies—\n\t(a)\tas if a reference to the Commonwealth Ombudsman were a reference to the National Health Practitioner Ombudsman; and\n\t(b)\twith any other modifications made by the regulations.\n\t(3)\tWithout limiting subsection (2), the regulations may—\n\t(a)\tprovide that the Ombudsman Act applies under subsection (1) as if a provision of the Ombudsman Act specified in the regulations were omitted; or\n\t(b)\tprovide that the Ombudsman Act applies under subsection (1) as if an amendment to the Ombudsman Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or\nOmbudsman Act means the Ombudsman Act 1976 of the Commonwealth, as in force from time to time.\n236—Protection from personal liability for persons exercising functions\n\t(1)\tA protected person is not personally liable for anything done or omitted to be done in good faith—\n\t(a)\tin the exercise of a function under this Law; or\n\t(b)\tin the reasonable belief that the act or omission was the exercise of a function under this Law.\n\t(2)\tAny liability resulting from an act or omission that would, but for subsection (1), attach to a protected person attaches instead to the National Agency.\nprotected person means any of the following—\n\t(b)\ta member of the Agency Board;\n\t(c)\ta member of a National Board or a committee of the National Board;\n\t(d)\ta member of an external accreditation entity;\n\t(e)\ta member of the staff of the National Agency;\n\t(f)\ta consultant or contractor engaged by the National Agency;\n\t(g)\ta person appointed by the National Agency to conduct an examination or assessment for a National Board;\n\t(h)\ta person employed or engaged by an external accreditation entity to assist it with its accreditation function.\n237—Protection from liability for persons making notification or otherwise providing information\n\t(1)\tThis section applies to a person who, in good faith—\n\t(a)\tmakes a notification under this Law; or\n\t(b)\tgives information in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\n\t(2)\tThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\n\t(3)\tWithout limiting subsection (2)—\n\t(a)\tthe making of the notification or giving of the information does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct; and\n\t(b)\tno liability for defamation is incurred by the person because of the making of the notification or giving of the information.\n\t(4)\tThe protection given to the person by this section extends to—\n\t(a)\ta person who, in good faith, provided the person with any information on the basis of which the notification was made or the information was given; and\n\t(b)\ta person who, in good faith, was otherwise concerned in the making of the notification or giving of the information.\n237A—Protection from reprisals for persons making notifications or otherwise providing information, documents or assistance\n\t(1)\tA person must not—\n\t(a)\tuse threats or intimidation to attempt to persuade another person not to take protected action; or\n\t(b)\tdismiss, or refuse to employ, another person because, or in the belief that, the other person has taken, or intends to take, protected action; or\n\t(c)\tsubject another person to other detriment or reprisal because, or in the belief that, the other person has taken, or intends to take, protected action.\n\t(a)\tin the case of an individual—$60 000;\n\t(b)\tin the case of a body corporate—$120 000.\nprotected action means—\n\t(b)\tgiving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\n237B—Non‑disclosure agreements\n\t(1)\tA provision of a non‑disclosure agreement is void to the extent it prevents or limits a person from—\n\t(b)\tgiving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\n\t(2)\tA relevant person must not enter into a non‑disclosure agreement unless the agreement sets out, clearly and in writing, that the agreement does not limit a person from—\n\t(b)\tgiving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law.\nnon‑disclosure agreement means a contract or other agreement that prohibits or restricts the disclosure of information or documents by a person in relation to the health, conduct or performance of a registered health practitioner or former registered practitioner; \nrelevant person means the following—\n\t(a)\tan employer or former employer of a registered health practitioner or a person who was registered under this Law;\n\t(b)\ta health service provider whose services are provided by registered health practitioners;\n\t(c)\ta registered health practitioner.\nDivision 2—Inspectors\n238—Functions and powers of inspectors\n\t(1)\tAn inspector has the function of conducting investigations to enforce compliance with this Law.\n\t(2)\tSchedule 6 sets out provisions relating to the powers of an inspector.\n239—Appointment of inspectors\n\t(1)\tA National Board may appoint the following persons as inspectors—\n\t(a)\tmembers of the National Agency's staff;\n\t(b)\tcontractors engaged by the National Agency.\n\t(2)\tAn inspector holds office on the conditions stated in the instrument of appointment.\n\t(3)\tIf an inspector's appointment provides for a term of appointment, the inspector ceases holding office at the end of the term.\n\t(4)\tAn inspector may resign by signed notice of resignation given to the National Board that appointed the inspector.\n240—Identity card\n\t(1)\tA National Board must give an identity card to each inspector it appoints.\n\t(2)\tThe identity card must—\n\t(a)\tcontain a recent photograph of the inspector; and\n\t(b)\tbe signed by the inspector; and\n\t(c)\tidentify the person as an inspector appointed by the National Board; and\n\t(d)\tinclude an expiry date.\n\t(3)\tThis section does not prevent the issue of a single identity card to a person—\n\t(a)\tif the person is appointed as an inspector for this Law by more than one National Board; or\n\t(b)\tif the person is appointed as an inspector and investigator for this Law by a National Board; or\n\t(c)\tfor this Law and other Acts.\n\t(4)\tA person who ceases to be an inspector must give the person's identity card to the National Board that appointed the person within 7 days after the person ceases to be an inspector, unless the person has a reasonable excuse.\n241—Display of identity card\n\t(1)\tAn inspector may exercise a power in relation to someone else (the other person) only if the inspector—\n\t(a)\tfirst produces the inspector's identity card for the other person's inspection; or\n\t(b)\thas the identity card displayed so it is clearly visible to the other person.\n\t(2)\tHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for the other person's inspection at the first reasonable opportunity.\nDivision 3—Legal proceedings\n241A—Proceedings for indictable offences\n\t(1)\tAn offence against any of the following provisions is an indictable offence—\n\t(a)\tDivision 10 of Part 7;\n\t(b)\tsection 159O(1);\n\t(c)\tsection 196A(1).\n\t(2)\tDespite subsection (1), an offence against Division 10 of Part 7, section 159O(1) or section 196A(1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $60 000 or imprisonment for 2 years.\n242—Proceedings for other offences\nA proceeding for an offence against this Law, other than an offence mentioned in section 241A(1), is to be by way of a summary proceeding before a court of summary jurisdiction.\n243—Conduct may constitute offence and be subject of disciplinary proceedings\n\t(1)\tIf a person's behaviour constitutes an offence against this Law or another Act and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Law—\n\t(a)\tthe fact that proceedings for an offence have been taken in relation to the behaviour does not prevent proceedings being taken before an adjudication body under this Law for the same behaviour; and\n\t(b)\tthe fact that proceedings have been taken before an adjudication body under this Law in relation to the conduct does not prevent proceedings for an offence being taken for the same behaviour.\n\t(2)\tIf a person's behaviour may be dealt with by a health complaints entity under the law of a participating jurisdiction and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Law—\n\t(a)\tthe fact that the behaviour has been dealt with by the health complaints entity does not prevent proceedings being taken before an adjudication body under this Law for the same behaviour; and\n\t(b)\tthe fact that proceedings have been taken before an adjudication body under this Law in relation to the behaviour does not prevent action being taken by the health complaints entity under the law of the participating jurisdiction for the same behaviour.\n244—Evidentiary certificates\nA certificate purporting to be signed by the chief executive officer of the National Agency and stating any of the following matters is prima facie evidence of the matter—\n\t(a)\ta stated document is one of the following things made, given, issued or kept under this Law—\n\t(i)\tan appointment, approval or decision;\n\t(ii)\ta notice, direction or requirement;\n\t(iii)\ta certificate of registration;\n\t(iv)\ta register, or an extract from a register;\n\t(v)\ta record, or an extract from a record;\n\t(b)\ta stated document is another document kept under this Law;\n\t(c)\ta stated document is a copy of a document mentioned in paragraph (a) or (b);\n\t(d)\ton a stated day, or during a stated period, a stated person was or was not a registered health practitioner or a student;\n\t(e)\ton a stated day, or during a stated period, a registration or endorsement was or was not subject to a stated condition;\n\t(f)\ton a stated day, a registration was suspended or cancelled;\n\t(g)\ton a stated day, or during a stated period, an appointment as an investigator or inspector was, or was not, in force for a stated person;\n\t(h)\ton a stated day, a stated person was given a stated notice or direction under this Law;\n\t(i)\ton a stated day, a stated requirement was made of a stated person.\nDivision 4—Regulations\n245—National regulations\n\t(1)\tThe Ministerial Council may make regulations for the purposes of this Law.\n\t(2)\tThe regulations may provide for any matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law.\n\t(3)\tThe regulations are to be published by the Victorian Government Printer in accordance with the arrangements for the publication of the making of regulations in Victoria.\n\t(4)\tA regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published).\nVictorian Government Printer means the person appointed to be the Government Printer for Victoria under section 72 of the Constitution Act 1975 of Victoria.\n246—Parliamentary scrutiny of national regulations\n\t(1)\tA regulation made under this Law must be tabled in, or notice of its making given to, the Parliament of each participating jurisdiction—\n\t(a)\tif a regulation made under an Act of that jurisdiction must be tabled in the Parliament of that jurisdiction—in the same way a regulation must be tabled in that jurisdiction; or\n\t(b)\tif notice of the making of a regulation made under an Act of that jurisdiction must be given to the Parliament of that jurisdiction—in the same way notice must be given in that jurisdiction.\n\t(1a)\tHowever, failure to comply with subsection (1) does not affect the validity of the regulation.\n\t(1b)\tThe regulation may be disallowed in a participating jurisdiction by a House of the Parliament of that jurisdiction in the same way that a regulation made under an Act of that jurisdiction may be disallowed.\n\t(1c)\tHowever, subsection (1d) applies if—\n\t(a)\ta regulation is not tabled in accordance with the law of a participating jurisdiction; and\n\t(b)\tunder the law of that jurisdiction a regulation may be disallowed only after its tabling.\n\t(1d)\tThe regulation is taken to be have been tabled in the Parliament of that jurisdiction on the first sitting day after the regulation was required to be tabled under the law of the jurisdiction.\n\t(2)\tA regulation disallowed under subsection (1) does not cease to have effect in the participating jurisdiction, or any other participating jurisdiction, unless the regulation is disallowed in a majority of the participating jurisdictions.\n\t(3)\tIf a regulation is disallowed in a majority of the participating jurisdictions, it ceases to have effect in all participating jurisdictions on the date of its disallowance in the last of the jurisdictions forming the majority.\nregulation includes a provision of a regulation.\n247—Effect of disallowance of national regulation\n\t(1)\tThe disallowance of a regulation in a majority of jurisdictions has the same effect as a repeal of the regulation.\n\t(2)\tIf a regulation ceases to have effect under section 246 any law or provision of a law repealed or amended by the regulation is revived as if the disallowed regulation had not been made.\n\t(3)\tThe restoration or revival of a law under subsection (2) takes effect at the beginning of the day on which the disallowed regulation by which it was amended or repealed ceases to have effect.\nregulation includes a provision of a regulation.\nDivision 5—Miscellaneous\n248—Combined notice may be given\nIf an entity is required under this Law to give another entity (the recipient) notices under more than one provision, the entity may give the recipient a combined notice for the provisions.\n249—Fees\nThe National Agency may, in accordance with a health profession agreement entered into with a National Board—\n\t(a)\trefund a relevant fee paid into the Board's account kept in the Agency Fund; or\n\t(b)\twaive, in whole or in part, a relevant fee payable for a service provided by the Board; or\n\t(c)\trequire a person who pays a relevant fee late to pay an additional fee.\n","sortOrder":40},{"sectionNumber":"Part 12","sectionType":"part","heading":"Transitional provisions","content":"Part 12—Transitional provisions\n250—Definitions\ncommencement day means 1 July 2010.\nlocal registration authority means an entity that had functions under a law of a participating jurisdiction that included the registration of persons as health practitioners.\nparticipation day, for a participating jurisdiction, means—\n\t(a)\tfor a health profession other than a relevant health profession—\n\t(i)\t1 July 2010; or\n\t(ii)\tthe later day on which the jurisdiction became a participating jurisdiction; or\n\t(b)\tfor a relevant health profession, 1 July 2012.\nrelevant health profession means—\n\t(a)\tAboriginal and Torres Strait Islander health practice; or\n\t(b)\tChinese medicine; or\n\t(c)\tmedical radiation practice; or\n\t(d)\toccupational therapy.\nrepealed Law means the Health Practitioner Regulation (Administrative Arrangements) National Law set out in the Schedule to the Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 of Queensland.\n251—References to registered health practitioners\n\t(1)\tA reference in an Act of a participating jurisdiction, or another instrument, to the Health Practitioner Regulation (Administrative Arrangements) National Law may, if the context permits, be taken to be a reference to this Law.\n\t(2)\tA reference in an Act of a participating jurisdiction, or another instrument, to a health practitioner registered in a health profession under a corresponding prior Act may, if the context permits, be taken after the participation day to be a reference to a health practitioner registered in the health profession under this Law.\nDivision 2—Ministerial Council\n252—Directions given by Ministerial council\nA direction given by the Ministerial Council to the National Agency or a National Board under the repealed Law, and in force immediately before the commencement day, is taken from the commencement day to be a direction given by the Ministerial Council under this Law.\n253—Accreditation functions exercised by existing accreditation entities\n\t(1)\tThis section applies to an entity that, immediately before the commencement day, was an entity appointed by the Ministerial Council under the repealed Law to exercise functions with respect to accreditation for a health profession under the national registration and accreditation scheme.\n\t(2)\tFrom the commencement day, the entity is taken to have been appointed under this Law to exercise the functions for the health profession.\n\t(3)\tAn accreditation standard approved by the entity for a health profession, and in force immediately before the commencement day, is taken to be an approved accreditation standard for the health profession under this Law.\n\t(4)\tThe National Board established for the health profession must, not later than 3 years after the commencement day, review the arrangements for the exercise of accreditation functions for the health profession.\n\t(5)\tThe National Board must ensure the process for the review includes wide-ranging consultation about the arrangements for the exercise of the accreditation functions.\n\t(6)\tIf an entity is taken under subsection (2) to have been appointed to exercise an accreditation function for a health profession, the National Board established for the profession must not, before the day that is 3 years after the commencement day, end that entity's appointment.\n254—Health profession standards approved by Ministerial Council\nA health profession standard approved by the Ministerial Council under the repealed Law is taken from the commencement day to be an approved registration standard under this Law.\n255—Accreditation standards approved by National Board\nAn accreditation standard approved by a National Board under the repealed Law is taken from the commencement day to be an approved accreditation standard under this Law.\nDivision 3—Advisory Council\n256—Members of Advisory Council\n\t(1)\tA person who was, immediately before the commencement day, a member of the Australian Health Workforce Advisory Council under the repealed Law is taken to be a member of the Advisory Council under this Law.\n\t(2)\tWithout limiting subsection (1), a member of the Advisory Council continues to hold office—\n\t(a)\ton the same terms and conditions that applied to the member's appointment under the repealed Law; and\n\t(b)\tuntil the day the member's term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.\n\t(3)\tThe person who, immediately before the commencement day, held office as Chairperson of the Australian Health Workforce Advisory Council under the repealed Law continues to hold office as Chairperson of the Advisory Council under this Law.\nDivision 4—National Agency\n257—Health profession agreements\nFrom the commencement day, a health profession agreement entered into by the Australian Health Practitioner Regulation Agency and in force immediately before the commencement day is taken to be a health profession agreement entered into by the National Agency under this Law.\n258—Service agreement\n\t(1)\tThis section applies if, immediately before the participation day for a participating jurisdiction—\n\t(a)\ta local registration authority in that jurisdiction exercised functions in relation to related health professionals; or\n\t(b)\ta local registration authority in that jurisdiction was a party to a service agreement for an entity to provide administrative or operational support to the authority and the entity also provided support under a service agreement to an authority that registers related health professionals.\n\t(2)\tFrom the participation day for the participating jurisdiction, the National Agency may enter into an agreement with the authority that is responsible for registering the related health professionals to provide services to the authority.\nrelated health professionals means persons who practise a profession providing health services that is not a health profession under this Law.\nDivision 5—Agency Management Committee\n259—Members of Agency Management Committee\n\t(1)\tA person who was, immediately before the commencement day, a member of the Australian Health Practitioner Regulation Agency Management Committee under the repealed Law is taken to be a member of the Agency Management Committee appointed under this Law.\n\t(2)\tWithout limiting subsection (1), a member of the Agency Management Committee continues to hold office—\n\t(a)\ton the same terms and conditions that applied to the person's appointment under the repealed Law; and\n\t(b)\tuntil the day the member's term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.\n\t(3)\tThe person who, immediately before the commencement day, held office as Chairperson of the Australian Health Practitioner Regulation Agency Management Committee under the repealed Law continues to hold office as Chairperson of the Agency Management Committee under this Law.\nDivision 6—Staff, consultants and contractors of National Agency\n260—Chief executive officer\nThe person who, immediately before the commencement day, held office as chief executive officer of the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been appointed as the chief executive officer of the National Agency under this Law on the same terms and conditions that applied to the person's appointment under the repealed Law.\n261—Staff\n\t(1)\tA person who, immediately before the commencement day, was employed by the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been employed by the National Agency under this Law.\n\t(2)\tA secondment arrangement in force immediately before the commencement day is taken, from the commencement day, to have been made by the National Agency under this Law.\nsecondment arrangement means an arrangement made under the repealed Law by the Australian Health Practitioner Regulation Agency for the services of any staff of a government agency of a participating jurisdiction or the Commonwealth.\n262—Consultants and contractors\nA person who, immediately before the commencement day, was a consultant or contractor engaged by the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been engaged by the National Agency under this Law.\nDivision 7—Reports\n263—Annual report\nSections 35 and 36 of the repealed Law continue to apply to the preparation and submission of the first annual report of the Australian Health Practitioner Regulation Agency as if this Law had not commenced.\nDivision 8—National Boards\n264—Members of National Boards\n\t(1)\tA person who was, immediately before the commencement day, a member of a National Health Practitioner Board under the repealed Law is taken to be a member of the National Board of the same name under this Law.\n\t(2)\tWithout limiting subsection (1), a member of a National Board holds office—\n\t(a)\ton the same terms and conditions that applied to the person's appointment under the repealed Law; and\n\t(b)\tuntil the day the member's term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.\n\t(3)\tA person who, immediately before the commencement day, held office as Chairperson of a National Health Practitioner Board is taken, from the commencement day, to hold office as Chairperson of the National Board of the same name.\n265—Committees\n\t(1)\tFrom the commencement day, a committee established by a National Health Practitioner Board under the repealed Law and in existence immediately before the commencement day is taken to be a committee established under this Law by the National Board of the same name.\n\t(2)\tA person who, immediately before the commencement day, held office as a member of a committee established by a National Health Practitioner Board under the repealed Law is taken, from the commencement day, to hold office as a member of the committee as continued in existence under subsection (1).\n266—Delegation\n\t(1)\tThis section applies if, under the repealed Law—\n\t(a)\ta National Health Practitioner Board had delegated any of its functions to a committee or the Australian Health Practitioner Regulation Agency and the delegation was in force immediately before the commencement day; or\n\t(b)\tthe Australian Health Practitioner Regulation Agency had subdelegated a function delegated to it by a National Health Practitioner Board to a member of the Agency's staff and the subdelegation was in force immediately before the commencement day.\n\t(2)\tFrom the commencement day, the delegation or subdelegation continues as if it were a delegation or subdelegation under this Law.\nDivision 9—Agency Fund\n267—Agency Fund\nFrom the commencement day, the Australian Health Practitioner Regulation Agency Fund established by the repealed Law is taken to be the Agency Fund established by this Law.\nDivision 10—Offences\n268—Offences\nProceedings for an offence against the repealed Law may be started or continued as if this Law had not commenced.\nDivision 11—Registration\n269—General registration\n\t(1)\tThis section applies to a person who, immediately before the participation day for a participating jurisdiction, held general registration (however described) in a health profession under the law of that jurisdiction.\n\t(2)\tFrom the participation day, the person is taken to hold general registration under this Law in the health profession.\ngeneral registration includes—\n\t(a)\tfull registration, unconditional registration and registration without conditions; and\n\t(b)\tenrolment, unconditional enrolment and enrolment without conditions.\n270—Specialist registration\n\t(a)\timmediately before the participation day for a participating jurisdiction, a person was a specialist health practitioner in a specialty in a health profession under the law of that jurisdiction; and\n\t(b)\tfrom the participation day—\n\t(i)\tthe specialty is a recognised specialty in the health profession under this Law; or\n\t(ii)\ta recognised specialty in the health profession under this Law includes, or is equivalent to, the specialty.\n\t(2)\tFrom the participation day, the person is taken to hold specialist registration in the recognised specialty in the health profession under this Law.\ncorresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which limited registration may be granted under this Law.\nspecialist health practitioner, in a specialty in a health profession, means a person who held specialist registration in, or was endorsed or otherwise authorised to practise, the specialty in the health profession but does not include a person who held registration to practise the profession only for a corresponding purpose.\n271—Provisional registration\n\t(1)\tThis section applies to a person who, immediately before the participation day for a participating jurisdiction, held registration (however described) under a law of that jurisdiction to enable the person to complete a period of supervised practice or internship in a health profession required for the person to be eligible for general registration (however described) in the profession.\n\t(2)\tFrom the participation day, the person is taken to hold provisional registration in the health profession under this Law.\n272—Limited registration\n\t(1)\tThis section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted for the practice of the health profession only for a corresponding purpose.\n\t(2)\tFrom the participation day, the person is taken to hold limited registration in the health profession for that purpose under this Law.\ncorresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which limited registration may be granted under this Law.\n273—Limited registration (public interest-occasional practice)\n\t(1)\tThis section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted—\n\t(a)\tsubject to the following conditions limiting the scope of the person's practise of the profession—\n\t(i)\tthe person must not practise the profession other than—\n\t(A)\tto refer a person to another registered health practitioner; or\n\t(B)\tto prescribe scheduled medicines in specified circumstances; and\n\t(ii)\tthe person must not receive a fee or other benefit for providing a service referred to in subparagraph (i); or\n\t(b)\ton the basis the person had indicated the person was retired from regular practise and intended only to practise on an occasional basis.\n\t(2)\tFrom the participation day, the person is taken to hold limited registration in the public interest under this Law for the limited scope that applied to the person's practise of the health profession immediately before the participation day.\n274—Non-practising registration\n\t(1)\tThis section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted subject to the condition that the person must not practise the profession.\n\t(2)\tFrom the participation day, the person is taken to hold non-practising registration in the health profession under this Law.\n275—Registration for existing registered students\n\t(1)\tThis section applies if, immediately before the participation day for a participating jurisdiction, a person held registration as a student in a health profession under the law of that jurisdiction.\n\t(2)\tFrom the participation day, the person is taken to hold student registration in the health profession under this Law.\n276—Registration for new students\n\t(1)\tThis section applies in relation to a person who, immediately before the participation day for a participating jurisdiction—\n\t(a)\twas a student undertaking a program of study, provided by an education provider located in the jurisdiction, that from the participation day is an approved program of study for a health profession; and\n\t(b)\twas not required under the law of that jurisdiction to be registered as a student in the health profession to undertake the program of study or any part of the program, including any clinical training or other practice of the profession related to undertaking the program.\n\t(2)\tDespite Division 7 of Part 7, the National Board established for the health profession is not required before 1 March 2011 to register the student in the profession.\n277—Other registrations\n\t(a)\timmediately before the participation day for a participating jurisdiction, a class of persons held a type of registration in, or was endorsed or otherwise authorised to practise, a health profession under the law of that jurisdiction; and\n\t(b)\tfrom the participation day, persons in that class are not registered, endorsed or otherwise authorised to practise the profession by another provision of this Division.\n\t(2)\tFrom the participation day, persons in that class are taken to hold the type of registration in the health profession that is specified for the class of persons in the registration transition plan prepared under subsection (3) by the National Board established for that profession.\n\t(3)\tBefore the participation day, each National Board must prepare a registration transition plan that includes details of the type of registration that is to be held under this Law by a class of persons referred to in subsection (1).\n\t(4)\tIn preparing a registration transition plan, a National Board must—\n\t(a)\tcomply with any directions given by the Ministerial Council that are relevant to the transitional arrangements for the registration of the class of persons; and\n\t(b)\thave regard to the principle that persons in the class are to be given the widest possible scope of practice of the profession that is consistent with—\n\t(i)\tthe authority the class of persons had to practise the profession before the participation day; and\n\t(ii)\tthe protection of the safety of the public.\n278—Endorsements\n\t(1)\tThis section applies to a person who, immediately before the participation day for a participating jurisdiction—\n\t(a)\theld a type of registration in that jurisdiction in a health profession for a corresponding purpose; or\n\t(b)\theld general registration in that jurisdiction in a health profession that had been endorsed for a corresponding purpose.\n\t(2)\tFrom the participation day, the person is taken to hold general registration in the health profession that has been endorsed under this Law for the purpose that is equivalent to, or substantially equivalent to, the corresponding purpose.\ncorresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which an endorsement may be granted under this Law.\n279—Conditions imposed on registration or endorsement\n\t(a)\ta person is taken to be registered under this Law, or the person's registration under this Law is taken to be endorsed, because of the person's registration or endorsement under the law of a participating jurisdiction before the participation day for the jurisdiction; and\n\t(b)\tthe person's registration or endorsement under the law of that jurisdiction was, immediately before the participation day, subject to a condition—\n\t(i)\twhether described as a condition, restriction or otherwise; and\n\t(ii)\twhether imposed by or under an Act of that jurisdiction.\n\t(2)\tFrom the participation day, the person's registration or endorsement under this Law is taken to be subject to the same condition.\n280—Expiry of registration and endorsement\n\t(1)\tThis section applies if, under this Division, a person is taken to be registered under this Law because of the person's registration or endorsement under the law of a participating jurisdiction.\n\t(2)\tThe person's registration, and any endorsement of the registration, expires on—\n\t(a)\tif the person was registered in more than one participating jurisdiction, the end of the latest day on which under the law of a participating jurisdiction—\n\t(i)\tany of the registrations would have expired; or\n\t(ii)\tan annual registration fee for any of the registrations would have become payable; or\n\t(b)\totherwise, at the end of the day on which under the law of the participating jurisdiction—\n\t(i)\tthe registration would have expired; or\n\t(ii)\tan annual registration fee for the registration would have become payable.\n\t(3)\tSubsection (2) does not prevent a National Board suspending or cancelling the person's registration under this Law.\n281—Protected titles for certain specialist health practitioners\n\t(a)\timmediately before the participation day for a participating jurisdiction, a person held specialist registration in a health profession in that jurisdiction; and\n\t(b)\ton the participation day the health profession is not a profession for which specialist recognition operates under this Law.\n\t(2)\tDespite section 118, the person does not commit an offence during the transition period merely because the person takes or uses—\n\t(a)\tthe title \"specialist health practitioner\"; or\n\t(b)\tanother title the person was entitled to use under the law of the participating jurisdiction as in force immediately before the participation day.\ntransition period means the period—\n\t(a)\tstarting at the beginning of the commencement day; and\n\t(b)\tending at the end of the day that is 3 years after the commencement day.\n282—First renewal of registration or endorsement\n\t(a)\ta health practitioner's registration or endorsement expires under section 280; and\n\t(b)\tthe National Board decides to renew the health practitioner's registration or endorsement under section 112.\n\t(2)\tDespite section 112(6), the National Board may decide that the period for which the registration or endorsement is renewed is a period of not more than 2 years.\n283—Programs of study\n\t(1)\tThis section applies if, immediately before the participation day for a participating jurisdiction, a program of study provided a qualification for registration in a health profession in that jurisdiction.\n\t(2)\tFrom the participation day, the program of study is taken to be an approved program of study for that health profession as if it had been approved under this Law.\n\t(3)\tThe National Agency must, as soon as practicable after the participation day, include an approved program of study under subsection (2) in the list published under section 49(5).\n284—Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery\n\t(1)\tDuring the transition period, a midwife does not contravene section 129(1) merely because the midwife practises private midwifery if—\n\t(a)\tthe practise occurs in a participating jurisdiction in which, immediately before the participation day for that jurisdiction, a person was not prohibited from attending homebirths in the course of practising midwifery unless professional indemnity insurance arrangements were in place; and\n\t(b)\tinformed consent has been given by the woman in relation to whom the midwife is practising private midwifery; and\n\t(c)\tthe midwife complies with any requirements set out in a code or guideline approved by the National Board under section 39 about the practise of private midwifery, including—\n\t(i)\tany requirement in a code or guideline about reports to be provided by midwives practising private midwifery; and\n\t(ii)\tany requirement in a code or guideline relating to the safety and quality of the practise of private midwifery.\n\t(2)\tA midwife who practises private midwifery under this section is not required to include in an annual statement under section 109 a declaration required by subsection (1)(a)(iv) and (v) of that section in relation to the midwife's practise of private midwifery during a period of registration that is within the transition period.\n\t(3)\tFor the purposes of this section, the transition period—\n\t(a)\tstarts on 1 July 2010; and\n\t(b)\tends on the prescribed day.\n\t(4)\tIf the National Board decides appropriate professional indemnity arrangements are available in relation to the practice of private midwifery, the Board may recommend to the Ministerial Council that the transition period, and the exemption provided by this section during the transition period, should end.\nhomebirth means a birth in which the mother gives birth at her own home or another person's home.\ninformed consent means written consent given by a woman after she has been given a written statement by a midwife that includes—\n\t(a)\ta statement that appropriate professional indemnity insurance arrangements will not be in force in relation to the midwife's practise of private midwifery; and\n\t(b)\tany other information required by the National Board.\nmidwife means a person whose name is included in the Register of Midwives kept by the National Board.\nNational Board means the National Board for midwifery.\nprivate midwifery means practising the midwifery profession—\n\t(a)\tin the course of attending a homebirth; and\n\t(b)\twithout appropriate professional indemnity insurance arrangements being in force in relation to that practise; and\n\t(c)\tother than as an employee of an entity.\ntransition period means the period referred to in subsection (3).\nDivision 12—Applications for registration and endorsement\n285—Applications for registration\n\t(1)\tThis section applies if, immediately before the participation day for a participating jurisdiction, an application for registration or renewal of registration in a health profession had been made to a local registration authority for the jurisdiction but not decided.\n\t(2)\tFrom the participation day, the application is taken to have been made under this Law to the National Board for the health profession.\n286—Applications for endorsement\n\t(1)\tThis section applies if, immediately before the participation day for a participating jurisdiction, an application for endorsement or renewal of an endorsement of a registration in a health profession had been made to a local registration authority for the jurisdiction but not decided.\n\t(2)\tFrom the participation day, the application is taken to have been made under this Law to the National Board for the health profession.\n287—Disqualifications and conditions relevant to applications for registration\n\t(a)\tunder a corresponding prior Act or another law of a participating jurisdiction, a person's registration in a health profession had been cancelled in that jurisdiction by an entity; and\n\t(b)\tin cancelling the person's registration the entity also made any of the following decisions—\n\t(i)\ta decision to set a period during which the person was disqualified from applying for registration, or being registered, in a health profession in the participating jurisdiction;\n\t(ii)\ta decision to set conditions under which the person might reapply for registration in the profession;\n\t(iii)\ta decision to set conditions that must be imposed on any future registration of the person in the profession; and\n\t(c)\timmediately before the participation day, the decision was still in force.\n\t(2)\tFrom the participation day, the decision continues as if it had been made under this Law by the responsible tribunal for the participating jurisdiction.\nDivision 13—Complaints, notifications and disciplinary proceedings\n288—Complaints and notifications made but not being dealt with on participation day\n\t(1)\tThis section applies if, immediately before the participation day for a participating jurisdiction, a local registration authority for the jurisdiction had received but not started dealing with a complaint or notification about a person registered in a health profession by the authority.\n\t(2)\tFrom the participation day, the complaint or notification is taken to be a notification made under this Law to the National Agency.\n\t(3)\tThis section does not apply to a co-regulatory jurisdiction.\n289—Complaints and notifications being dealt with on participation day\n\t(1)\tThis section applies if, immediately before the participation day for a participating jurisdiction, a local registration authority for the jurisdiction had started but not completed dealing with a complaint or notification about a person registered in a health profession by the authority.\n\t(2)\tFrom the participation day—\n\t(a)\tthe complaint or notification is taken to be a notification made under this Law and is to be dealt with by the National Board for the health profession; and\n\t(b)\tthe notification is to continue to be dealt with under the Act of the participating jurisdiction under which it was made, and any proceedings or appeal relating to the notification may be dealt with, as if that Act had not been repealed.\n\t(3)\tFor the purposes of this section, the Act of the participating jurisdiction applies—\n\t(a)\tas if a reference to the local registration authority were a reference to the National Board; and\n\t(b)\twith any other changes that are necessary or convenient.\n\t(4)\tThe National Board must give effect to a decision made on an inquiry, investigation, proceeding or appeal completed under the Act of the participating jurisdiction as if it were a decision under this Law.\n\t(5)\tThis section does not apply to a co-regulatory jurisdiction.\n290—Effect of suspension\n\t(a)\tbecause of another provision of this Part, a person is taken to be registered under this Law; and\n\t(b)\timmediately before the participation day for the participating jurisdiction in which the person was registered under a corresponding prior Act, the person's registration was suspended under a law of that jurisdiction.\n\t(2)\tFrom the participation day, the person's registration is taken to have been suspended under this Law.\n291—Undertakings and other agreements\n\t(1)\tThis section applies if, immediately before the participation day for a participating jurisdiction, an undertaking or other agreement between a person registered under a corresponding prior Act and the local registration authority for a health profession was in force.\n\t(2)\tFrom the participation day, the undertaking or other agreement is taken to have been entered into under this Law between the person and the National Board established for the health profession.\n292—Orders\n\t(a)\tunder a corresponding prior Act of a participating jurisdiction, an adjudication body had, at the end of a proceeding before the adjudication body about a health practitioner's practice or conduct, ordered the health practitioner to do, or refrain from doing, something; and\n\t(b)\timmediately before the participation day, the order was still in force.\n\t(2)\tFrom the participation day, the order continues in force as if it had been made under this Law.\nadjudication body means a court, tribunal, panel or local registration authority.\n293—List of approved persons\n\t(1)\tThis section applies if, immediately before the participation day for a participating jurisdiction, a person was appointed as a member of a list of persons approved to be appointed as members of a body that exercised functions that correspond to a panel for a health profession.\n\t(2)\tFrom the participation day, the person is taken to have been appointed by the National Board established for the health profession to the list kept by that Board under section 183.\nDivision 14—Local registration authority\n294—Definition\ntransfer day, for a participating jurisdiction, means—\n\t(a)\tfor a health profession other than a relevant health profession—\n\t(i)\t1 July 2010; or\n\t(ii)\tthe later day on which the jurisdiction became a participating jurisdiction; or\n\t(b)\tfor a relevant health profession, 1 July 2012.\n295—Assets and liabilities\n\t(1)\tFrom the transfer day for a participating jurisdiction—\n\t(a)\tthe assets and liabilities of a local registration authority for a health profession in a participating jurisdiction are taken to be assets and liabilities of the National Agency and are to be paid into or out of the account kept in the Agency Fund for the National Board established for the profession; and\n\t(b)\tany contract, other than an employment contract, entered into by or on behalf of the local registration authority and all guarantees, undertakings and securities given by or on behalf of the authority, in force immediately before the participation day, are taken to have been entered into or given by or to the National Agency and may be enforced against or by the Agency; and\n\t(c)\tany property that, immediately before the participation day, was held on trust, or subject to a condition, by the local registration authority continues to be held by the National Agency on the same trust, or subject to the same condition and is to be paid into the account kept in the Agency Fund for the National Board.\nemployment contract means either of the following under which a person is employed—\n\t(a)\ta contract of employment;\n\t(b)\ta contract for services.\n296—Records relating to registration and accreditation\n\t(1)\tThis section applies to a record of a local registration authority for a health profession in a participating jurisdiction that relates to the authority's functions in relation to the following—\n\t(a)\tthe registration of individuals;\n\t(b)\tcomplaints and notifications about, and proceedings against, individuals who are or were registered;\n\t(c)\taccreditation of courses that qualify individuals for registration.\n\t(2)\tFrom the transfer day for the participating jurisdiction, the record is taken to be a record of the National Board for the health profession.\n297—Financial and administrative records\n\t(1)\tThis section applies to a record of a local registration authority in a participating jurisdiction that relates to the authority's financial or administrative functions.\n\t(2)\tFrom the transfer day for the participating jurisdiction, the record is taken to be a record of the National Agency.\n298—Pharmacy businesses and premises\nSections 295 to 297 do not apply to an asset, liability, contract, property or record of a local registration authority that relates to the regulation of a pharmacy business, pharmacy premises, a pharmacy department or any other pharmacy‑related entity that is not an individual.\n299—Members of local registration authority\n\t(1)\tThis section applies if, in anticipation of a jurisdiction becoming a participating jurisdiction, a National Board established for a health profession establishes a State or Territory Board for the jurisdiction.\n\t(2)\tA person who, immediately before the State or Territory Board was established, was a member of the local registration authority for the profession in the participating jurisdiction is taken to be a member of the State or Territory Board.\n\t(3)\tSection 36(5) and (6) do not apply to the membership of a State or Territory Board for a jurisdiction for 12 months after the jurisdiction becomes a participating jurisdiction.\nSection 36(5) and (6) provide requirements for the number of practitioner members and community members required by a State or Territory Board.\n","sortOrder":41},{"sectionNumber":"Div 15","sectionType":"division","heading":"Staged commencement for certain health professions","content":"Division 15—Staged commencement for certain health professions\n300—Application of Law to relevant health profession between commencement and 1 July 2012\n\t(1)\tThis Law does not apply with respect to a relevant health profession during the period starting on the commencement day and ending on 30 June 2011.\n\t(2)\tThe following Parts of this Law do not apply with respect to a relevant health profession during the period starting on 1 July 2011 and ending on 30 June 2012—\n\t(a)\tPart 7, other than Division 10;\n\t(b)\tPart 8 to Part 11.\n\t(3)\tDespite subsection (2)(a), a person does not commit an offence against a provision of Division 10 of Part 7 merely because, before 1 July 2012, the person—\n\t(a)\ttakes or uses a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate that the person is authorised or qualified to practise in a relevant health profession; or\n\t(b)\tuses a title that is listed in the Table to section 113 opposite a relevant health profession.\n301—Ministerial Council may appoint external accreditation entity\n\t(1)\tThe Ministerial Council may appoint an entity, other than a committee established by a National Board, to exercise an accreditation function for a relevant health profession.\n\t(2)\tWithout limiting subsection (1), an entity that accredited courses for the purposes of registration in a relevant health profession under a corresponding prior Act may be appointed to exercise an accreditation function for the profession under this Law.\n\t(3)\tThe National Board established for the health profession must, not later than 1 July 2015, review the arrangements for the exercise of the accreditation functions for the health profession.\n\t(4)\tThe National Board must ensure the process for the review includes wide‑ranging consultation about the arrangements for the exercise of the accreditation functions.\n\t(5)\tIf an entity is appointed under subsection (1) to exercise an accreditation function for a health profession, the National Board established for the profession must not, before 1 July 2015, end that entity's appointment.\n302—Application of Law to appointment of first National Board for relevant professions\nDespite section 34(2), a person is eligible for appointment as a practitioner member of the first National Board for a relevant health profession if the person—\n\t(a)\tis registered in the profession under a law of a participating jurisdiction; or\n\t(b)\tholds a qualification that entitles the person to registration in the profession under a law of a participating jurisdiction; or\n\t(c)\tis otherwise eligible to apply for or hold registration in the profession under the law of a participating jurisdiction.\n303—Qualifications for general registration in relevant profession\n\t(1)\tFor the purposes of section 52(1)(a), an individual who applies for registration in a relevant health profession before 1 July 2015 is qualified for general registration in the profession if the individual—\n\t(a)\tholds a qualification or has completed training in the profession, whether in a participating jurisdiction or elsewhere, that the National Board established for the profession considers is adequate for the purposes of practising the profession; or\n\t(b)\tholds a qualification or has completed training in the profession, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Board for the purposes of this section; or\n\t(c)\thas practised the profession at any time between 1 July 2002 and 30 June 2012 for a consecutive period of 5 years or for any periods which together amount to 5 years.\n\t(2)\tThis section applies despite section 53.\n304—Relationship with other provisions of Law\nThis Division applies despite any other provision of this Law but does not affect the operation of clause 30 of Schedule 7.\n","sortOrder":42},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional and other provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017","content":"Part 13—Transitional and other provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017\nDivision 1—Paramedicine Board and registration of paramedics\n306—Definitions\nAmbulance Service of New South Wales, for the issue of a Diploma of Paramedical Science, includes another entity prescribed by regulation for issuing the diploma;\nDiploma of Paramedical Science—see section 312(5);\nParamedicine Board means—\n\t(a)\tthe Paramedicine Board of Australia established under section 307; or\n\t(b)\tthe Board continued in force on the participation day by a regulation made under section 31; or\n\t(c)\tif, after the participation day, the Paramedicine Board is dissolved and replaced by another Board established for the health profession of paramedicine by a regulation made under section 31—the other Board;\nparticipation day means a day prescribed by regulation after which an individual may be registered in paramedicine under this Law;\nrelevant day means the day that is 3 years after the participation day.\n307—Establishment of Paramedicine Board\n\t(1)\tThe Paramedicine Board of Australia is established as a National Health Practitioner Board for the health profession of paramedicine.\n\t(2)\tThe Board—\n\t(3)\tThe Board represents the State.\n\t(4)\tThis section applies until the Board is continued in force by a regulation made under section 31.\n308—Powers and functions of Paramedicine Board\n\t(1)\tSections 32, 33, 34, 37, 40, 234 and Schedule 4 apply to the Paramedicine Board until the participation day.\n\t(2)\tHowever, for section 34, the Ministerial Council may, until the participation day, appoint as practitioner members persons who the Council is satisfied have skills and experience in paramedicine relevant to the Board's functions.\n\t(3)\tThe Paramedicine Board may perform the following functions until the participation day—\n\t(a)\tdevelop and recommend one or more registration standards to the Ministerial Council under section 38 for its approval under section 12;\n\t(b)\tdevelop and approve codes and guidelines under section 39;\n\t(c)\tdecide the day after which individuals may apply for registration in paramedicine;\n\t(d)\tdo anything under Part 6 in relation to accreditation for paramedicine;\n\t(e)\tdo anything under Part 7 to register individuals in paramedicine;\n\t(f)\tanything else the Board may do under this Division.\n309—Paramedicine Board taken to be a National Board for stated matters\nThe Paramedicine Board is taken to be a National Board for the following provisions of this Law until the participation day—\n\t(a)\tPart 2;\n\t(b)\tPart 4;\n\t(c)\tPart 9;\n\t(d)\tPart 10, except for Division 3;\n\t(e)\tsection 236.\n310—CAA accredited programs of study\n\t(1)\tThe Paramedicine Board may, until the relevant day, approve, or refuse to approve, a CAA accredited program of study as providing a qualification for the purposes of registration in paramedicine.\n\t(2)\tAn approval of a program of study under subsection (1)—\n\t(a)\tmay be granted subject to the conditions the Board considers necessary or desirable in the circumstances; and\n\t(b)\tdoes not take effect until the program is included in the list published under subsection (3).\n\t(3)\tA program of study approved by the Board under subsection (1) must—\n\t(a)\tbe published in a list on the National Agency's website; and\n\t(b)\tinclude, for each program of study, the name of the education provider that provides the program.\n\t(4)\tA program of study approved under this section is taken to be an approved program of study for this Law.\n\t(5)\tThis section applies despite section 49(1).\n\t(6)\tIn this section—\nCAA accredited program of study means a program of study accredited by the Council of Ambulance Authorities Inc. and published on the Council's website—\n\t(a)\timmediately before the commencement; or\n\t(b)\tbetween the commencement and the participation day.\n311—Qualifications for general registration in paramedicine for a limited period\n\t(1)\tFor the purposes of section 52(1)(a), an individual who applies for registration in paramedicine before the relevant day is qualified for general registration in paramedicine if the individual—\n\t(a)\tholds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, that the Paramedicine Board considers is adequate for the purposes of practising the profession; or\n\t(b)\tholds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Paramedicine Board for the purposes of this section; or\n\t(c)\thas practised paramedicine during the 10 years before the participation day for a consecutive period of 5 years or for any periods which together amount to 5 years and satisfies the Paramedicine Board that he or she is competent to practise paramedicine.\n\t(2)\tThis section applies despite section 53.\n312—Accepted qualification for general registration in paramedicine\n\t(1)\tThis section applies to an individual who holds a Diploma of Paramedical Science issued by the Ambulance Service of New South Wales.\n\t(2)\tThe individual is qualified for general registration in paramedicine for the purposes of section 52(1)(a).\n\t(3)\tThis section applies despite section 53.\n\t(4)\tNothing in this section makes a Diploma of Paramedical Science issued by the Ambulance Service of New South Wales an approved qualification for section 53(b).\nDiploma of Paramedical Science means any of the following:\n\t(a)\ta Diploma of Paramedical Science;\n\t(b)\ta Diploma of Paramedical Science (Ambulance) or an Advanced Diploma of Paramedical Science (Ambulance);\n\t(c)\ta Diploma in Paramedical Science (Pre‑Hospital Care) or an Advanced Diploma Paramedical Sciences (Pre‑Hospital Care);\n\t(d)\ta qualification—\n\t(i)\tthat has replaced the diploma mentioned in paragraph (a) and is prescribed by regulation; and\n\t(ii)\tissued by the Ambulance Service of New South Wales.\n313—Provisions that apply to student registration for Diploma of Paramedical Science\nA Diploma of Paramedical Science issued by the Ambulance Service of New South Wales is taken to be an approved program of study for Part 7, Division 7, Subdivisions 1 and 3.\n314—Applications for registration in paramedicine and period of registration\n\t(1)\tAn individual may apply to the Paramedicine Board for registration in paramedicine—\n\t(a)\tbefore the participation day; and\n\t(b)\tafter the day decided by the Board under section 308(3)(c).\n\t(2)\tSubsection (3) applies if an individual applies for registration in paramedicine under subsection (1) and the Board grants the application under Part 7.\n\t(3)\tDespite section 56, the registration period—\n\t(a)\tdoes not start until the participation day; and\n\t(b)\tmay be a period of not more than 2 years decided by the Board.\n315—Applications for registration in paramedicine made but not decided before participation day\n\t(a)\tbefore the participation day an individual applies to the Paramedicine Board for registration in paramedicine; and\n\t(b)\tthe application is not decided by the Board by the participation day; and\n\t(c)\twhile the application for registration is being decided, the individual takes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116.\n\t(2)\tThe individual does not commit an offence against section 113 or 116 while the application is being decided.\nSee section 85 for when an application not decided by a National Board is taken to be a decision to refuse the application.\n316—Period after participation day during which an individual does not commit an offence under sections 113 and 116\n\t(1)\tThis section applies if an individual eligible for registration in paramedicine—\n\t(a)\thas not applied to the Paramedicine Board for registration in paramedicine before the participation day; and\n\t(b)\ttakes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116.\nAn individual may be qualified for general registration in paramedicine under section 311 or 312.\n\t(2)\tThe individual does not commit an offence against section 113 or 116 during the period of 90 days after the participation day.\n317—Application of sections 113 and 116 to individual temporarily practising paramedicine in another jurisdiction\n\t(1)\tThis section applies to an individual who—\n\t(a)\tusually practises paramedicine in a participating jurisdiction that has yet to enact a law that substantially corresponds with the provisions of this Law about paramedicine; and\n\t(b)\ttemporarily takes or uses a title or does anything else, relating to paramedicine in another jurisdiction, that would contravene section 113 or 116; and\n\t(c)\tcomplies with any regulation made under this Law about temporarily taking or using a title or doing anything else, relating to paramedicine in another jurisdiction.\n\t(2)\tThe individual does not commit an offence against section 113 or 116.\nanother jurisdiction means a participating jurisdiction in which the provisions of this Law about paramedicine apply.\nDivision 2—Other transitional provisions\n318—Deciding review period for decision on application made under section 125 before commencement\n\t(a)\tbefore the commencement, a registered health practitioner or student applied to a National Board under section 125 to change or remove a condition or change or revoke an undertaking; and\n\t(b)\timmediately before the commencement, the application had not been decided by the Board; and\n\t(c)\tafter the commencement, the Board's decision results in a registration or endorsement being subject to a condition, or an undertaking is still in place.\n\t(2)\tThe National Board may decide a review period for the condition or undertaking under section 125(6) and give the registered health practitioner or student notice under section 125(6A).\n319—Deciding review period for decision after notice given under section 126 before commencement\n\t(a)\tbefore the commencement, a National Board had given notice to a registered health practitioner or student under section 126 about changing a condition on the practitioner's or student's registration; and\n\t(b)\timmediately before the commencement the Board had not made a decision in relation to the matter; and\n\t(c)\tafter the commencement, the Board's decision results in the practitioner's or student's registration being subject to a condition.\n\t(2)\tThe National Board may decide a review period for the condition under section 126(6) and give the registered health practitioner or student notice under section 126(6A).\n320—Membership of continued National Boards\n\t(a)\ta person holds office as a member of a National Board immediately before the commencement; and\n\t(b)\tthe Board is continued in force after the commencement (the continued Board) by a regulation made under section 31.\n\t(2)\tThe person continues to hold office as a member of the continued Board after the commencement—\n\t(a)\ton the terms and conditions that applied to the person's appointment before commencement; and\n\t(b)\tuntil the office of the member becomes vacant under this Law.\n\t(3)\tAlso, a person who is Chairperson of a National Board immediately before the commencement continues to hold office as Chairperson of the continued Board after the commencement.\n\t(4)\tSubsection (5) applies if the process for appointing a person as a member of a National Board is started but not completed before the commencement.\n\t(5)\tThe process may continue after the commencement and the person may be appointed as a member of the continued Board.\n321—Offences relating to prohibition orders made before commencement\nSection 196A also applies to a prohibition order made before the commencement.\n322—Register to include prohibition orders made before commencement\n\t(1)\tFor section 222(4)(b) and section 223(b), a National Board may also record in the register the names of persons subject to a prohibition order made before the commencement.\n\t(2)\tAlso, for section 227(b), a National Board may also include in the register copies of prohibition orders made before the commencement.\n323—Public national registers\n\t(1)\tThis section applies to a register kept under section 222 or 223 immediately before the commencement.\n\t(2)\tThe register continues in force immediately after the commencement.\n","sortOrder":43},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022","content":"Part 14—Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022\n324—Renaming of Agency Management Committee\n\t(1)\tThe renaming of the Agency Management Committee by the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 does not affect the validity of an appointment of a person to the Committee before the renaming.\nAgency Management Committee means the Australian Health Practitioner Regulation Agency Management Committee established by section 29, as in force immediately before the commencement of this section.\n325—Saving of endorsement of midwife practitioner\n\t(1)\tIf, immediately before the commencement of section 75 of the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022, a registered health practitioner's registration was endorsed as being qualified to practise as a midwife practitioner, the practitioner may do any of the following as if section 96 had not been repealed—\n\t(a)\tif the practitioner continues to comply with any approved registration standard relevant to the endorsement—continue to hold and renew the endorsement, subject to any conditions stated in the endorsement;\n\t(b)\twhile holding the endorsement, use the title \"midwife practitioner\" or otherwise hold themself out as holding the endorsement.\n\t(2)\tSection 119 continues to apply in relation to a claim by any other registered health practitioner to hold, or to be qualified to hold, an endorsement as a midwife practitioner as if section 96 had not been repealed.\n","sortOrder":44},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional provision for Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023","content":"Part 15—Transitional provision for Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023\n326—Application of sections 196A, 222, 223 and 227 to particular prohibition orders\n\t(1)\tThis section applies in relation to a prohibition order that is—\n\t(a)\ta decision by a responsible tribunal of this jurisdiction under section 196(4)(c); or\n\t(b)\ta decision by a responsible tribunal of another jurisdiction under section 196(4)(c) as it applies in the other jurisdiction.\n\t(2)\tSections 196A, 222, 223 and 227 apply in relation to the prohibition order even if the order was made before the commencement.\n","sortOrder":45},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transitional provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2025","content":"Part 16—Transitional provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2025\n327—Application of section 77A\nSection 77A—\n\t(a)\tdoes not apply in relation to an application for registration made before the commencement of this section; but\n\t(b)\tapplies to a disqualified person who makes an application for registration after the commencement of this section, regardless of when a responsible tribunal made the decision that resulted in the person becoming a disqualified person.\nEditorial note—\nSection 327 had not come into operation at the date of the publication of this version.\n328—Application for reinstatement order\n\t(1)\tThis section applies if, immediately before the commencement of this section—\n\t(a)\ta person was disqualified from applying for registration as a registered practitioner for a specified period; and\n\t(b)\tthe period has not yet ended.\n\t(2)\tThe person cannot apply under section 198A for a reinstatement order until the specified period has ended.\nEditorial note—\nSection 328 had not come into operation at the date of the publication of this version.\n329—Application of section 237B\nSection 237B applies—\n\t(a)\tto a non‑disclosure agreement, within the meaning of section 237B(3), whether entered into before or after the commencement of this section; and\n\t(b)\tin relation to the health, conduct or performance of a registered health practitioner or former registered health practitioner (the relevant issue), whether the relevant issue occurred before or after the commencement of this section.\nSchedule 2—Agency Board\n(Section 29)\n1—Definitions\nChairperson means the Chairperson of the Agency Board.\nmember means a member of the Agency Board.\n2—Terms of office of members\nSubject to this Schedule, a member holds office for the period (not exceeding 3 years) specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for reappointment.\n3—Remuneration\nA member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Ministerial Council may from time to time determine with respect to the member.\n4—Vacancy in office of member\n\t(1)\tThe office of a member becomes vacant if the member—\n\t(a)\tcompletes a term of office; or\n\t(b)\tresigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\n\t(c)\tis removed from office by the Chairperson of the Ministerial Council under this clause; or\n\t(d)\tis absent, without leave first being granted by the Chairperson of the Agency Board, from 3 or more consecutive meetings of the Agency Board of which reasonable notice has been given to the member personally or by post; or\n\t(e)\tdies.\n\t(2)\tThe Chairperson of the Ministerial Council may remove a member from office if—\n\t(a)\tthe member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or\n\t(b)\tthe member, as a result of the member's misconduct, impairment or incompetence—\n\t(i)\tceases to be a registered health practitioner; or\n\t(ii)\tif the member is registered in more than one health profession—ceases to be registered in either or any of the health professions; or\n\t(c)\tthe member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit; or\n\t(d)\tthe Agency Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member's functions as a member.\n\t(3)\tIn addition, the Chairperson of the Ministerial Council may remove the Chairperson of the Agency Board from office as a member if the Chairperson of the Agency Board becomes a registered health practitioner.\n5—Vacancies to be advertised\n\t(1)\tBefore the Ministerial Council appoints a member of the Agency Board, the vacancy to be filled is to be publicly advertised.\n\t(2)\tIt is not necessary to advertise a vacancy in the membership of the Agency Board before appointing a person to act in the office of a member.\nThe general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of the Agency Board.\n6—Extension of term of office during vacancy in membership\n\t(1)\tIf the office of a member becomes vacant because the member has completed the member's term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).\n\t(2)\tHowever, this clause ceases to apply to the member if—\n\t(a)\tthe member resigns the member's office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\n\t(b)\tthe Chairperson of the Ministerial Council determines that the services of the member are no longer required.\n\t(3)\tThe maximum period for which a member is taken to continue to be a member under this clause after completion of the member's term of office is 6 months.\n7—Members to act in public interest\n\t(1)\tA member of the Agency Board is to act impartially and in the public interest in the exercise of the member's functions as a member.\n\t(2)\tAccordingly, a member of the Agency Board is to put the public interest before the interests of particular health practitioners or any body or organisation that represents health practitioners.\n8—Disclosure of conflict of interest\n\t(a)\ta member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Agency Board; and\n\t(b)\tthe interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter;\nthe member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Agency Board.\n\t(2)\tParticulars of any disclosure made under this clause must be recorded by the Agency Board in a book kept for the purpose.\n\t(3)\tAfter a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Agency Board otherwise determines—\n\t(a)\tbe present during any deliberation of the Agency Board with respect to the matter; or\n\t(b)\ttake part in any decision of the Agency Board with respect to the matter.\n\t(4)\tFor the purposes of the making of a determination by the Agency Board under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—\n\t(a)\tbe present during any deliberation of the Agency Board for the purpose of making the determination; or\n\t(b)\ttake part in the making of the determination by the Agency Board.\n\t(5)\tA contravention of this clause does not invalidate any decision of the Agency Board.\nPart 3—Procedure\n9—General procedure\nThe procedure for the calling of meetings of the Agency Board and for the conduct of business at those meetings is, subject to this Law, to be as determined by the Agency Board.\n10—Quorum\nThe quorum for a meeting of the Agency Board is a majority of its members for the time being.\n11—Chief executive officer may attend meetings\nThe chief executive officer of the National Agency may attend meetings of the Agency Board and may participate in discussions of the Agency Board, but is not entitled to vote at a meeting.\n12—Presiding member\n\t(1)\tThe Chairperson (or, in the absence of the Chairperson, a person elected by the members of the Agency Board who are present at a meeting of the Agency Board) is to preside at a meeting of the Agency Board.\n\t(2)\tThe presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\n13—Voting\nA decision supported by a majority of the votes cast at a meeting of the Agency Board at which a quorum is present is the decision of the Agency Board.\n14—Transaction of business outside meetings or by telecommunication\n\t(1)\tThe Agency Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Agency Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Agency Board.\n\t(2)\tThe Agency Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed‑circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\n\t(3)\tFor the purposes of—\n\t(a)\tthe approval of a resolution under subclause (1); or\n\t(b)\ta meeting held in accordance with subclause (2);\nthe Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Agency Board.\n\t(4)\tPapers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned.\n15—First meeting\nThe Chairperson may call the first meeting of the Agency Board in any manner the Chairperson thinks fit.\n16—Defects in appointment of members\nA decision of the Agency Board is not invalidated by any defect or irregularity in the appointment of any member (or acting member) of the Agency Board.\n","sortOrder":46},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"National Agency","content":"Schedule 3—National Agency\n(Section 23)\nPart 1—Chief executive officer\n1—Chief executive officer\n\t(1)\tThe Agency Board is to appoint a person as chief executive officer of the National Agency.\n\t(2)\tThe chief executive officer of the National Agency is to be appointed for a period, not more than 5 years, specified in the officer's instrument of appointment, but is eligible for reappointment.\n\t(3)\tThe chief executive officer of the National Agency is taken, while holding that office, to be a member of the staff of the National Agency.\n2—Functions of chief executive officer\n\t(1)\tThe chief executive officer of the National Agency has the functions conferred on the chief executive officer by written instrument of the Agency Board.\n\t(2)\tThe Agency Board may delegate any of the functions of the National Agency, or of the Agency Board, to the chief executive officer of the National Agency, other than this power of delegation.\n3—Delegation and subdelegation by chief executive officer\n\t(1)\tThe chief executive officer of the National Agency may delegate any of the functions conferred on the officer under clause 2(1) to a member of the staff of the National Agency, other than this power of delegation.\n\t(2)\tThe chief executive officer of the National Agency may subdelegate any function delegated to the officer under clause 2(2) to any member of the staff of the National Agency if the chief executive officer is authorised to do so by the Agency Board.\n4—Vacancy in office\n\t(1)\tThe office of the chief executive officer of the National Agency becomes vacant if—\n\t(a)\tthe chief executive officer resigns the officer's office by written instrument addressed to the Chairperson of the Agency Board; or\n\t(b)\tthe appointment of the chief executive officer is terminated by the Agency Board under this clause.\n\t(2)\tThe Agency Board may, at any time and for any reason, terminate the appointment of the chief executive officer of the National Agency by written notice given to the chief executive officer.\nPart 2—Staff, consultants and contractors\n5—Staff of National Agency\n\t(1)\tThe National Agency may, for the purpose of performing its functions, employ staff.\n\t(2)\tThe staff of the National Agency are to be employed on the terms and conditions decided by the National Agency from time to time.\n\t(3)\tSubclause (2) is subject to any relevant industrial award or agreement that applies to the staff.\n6—Staff seconded to National Agency\nThe National Agency may make arrangements for the services of any of the following persons to be made available to the National Agency in connection with the exercise of its functions—\n\t(a)\ta person who is a member of the staff of a government agency of a participating jurisdiction or the Commonwealth;\n\t(b)\ta person who is a member of the staff of a local registration authority.\n7—Consultants and contractors\n\t(1)\tThe National Agency may engage persons with suitable qualifications and experience as consultants or contractors.\n\t(2)\tThe terms and conditions of engagement of consultants or contractors are as decided by the National Agency from time to time.\nPart 3—Reporting obligations\n8—Annual report\n\t(1)\tThe National Agency must, within 3 months after the end of each financial year, submit an annual report for the financial year to the Ministerial Council.\n\t(2)\tThe annual report must include—\n\t(a)\ta financial statement for the National Agency, and each National Board, for the period to which the report relates; and\n\t(b)\ta report about the Agency's performance of its functions under this Law during the period to which the annual report relates.\n\t(3)\tThe financial statement is to be prepared in accordance with Australian Accounting Standards.\n\t(4)\tThe financial statement is to be audited by a public sector auditor and a report is to be provided by the auditor.\n\t(5)\tThe Ministerial Council is to make arrangements for the tabling of the annual report of the National Agency, and the report of the public sector auditor with respect to the financial statement in the report, in the Parliament of each participating jurisdiction and the Commonwealth.\n\t(6)\tThe Ministerial Council may extend, or further extend, the period for submission of an annual report to the Council by a total period of up to 3 months.\n\t(7)\tIn this clause—\npublic sector auditor means—\n\t(a)\tthe Auditor-General (however described) of a participating jurisdiction; or\n\t(b)\tan auditor employed, appointed or otherwise engaged by an Auditor-General of a participating jurisdiction.\n9—Reporting by National Boards\n\t(1)\tA National Board must, if asked by the National Agency, give the National Agency the information the National Agency requires to compile its annual report, including—\n\t(a)\ta report about the National Board's performance of its functions under this Law during the period to which the annual report relates; and\n\t(b)\ta statement of the income and expenditure of the National Board for the period to which the annual report relates, presented by reference to the budget of the National Board for that period.\n\t(2)\tThe information provided by the National Board is to be incorporated in the relevant annual report for the National Agency.\n","sortOrder":47},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"National Boards","content":"Schedule 4—National Boards\n(Section 33)\n1—Definitions\nChairperson means the Chairperson of a National Board.\ncommunity member means a member of a National Board appointed as a community member.\nmember means a member of a National Board.\n2—Terms of office of members\n\t(1)\tSubject to this Schedule, a member holds office for the period (not exceeding 3 years) specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for reappointment.\n\t(2)\tHowever, a member's term of office ends if the National Board to which the member was appointed is dissolved by a regulation made under section 31.\n3—Remuneration\nA member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Ministerial Council may from time to time determine with respect to the member.\n4—Vacancy in office of member\n\t(1)\tThe office of a member becomes vacant if the member—\n\t(a)\tcompletes a term of office; or\n\t(b)\tresigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\n\t(c)\tis removed from office by the Chairperson of the Ministerial Council under this clause; or\n\t(d)\tis absent, without leave first being granted by the Chairperson of the Board, from 3 or more consecutive meetings of the National Board of which reasonable notice has been given to the member personally or by post; or\n\t(e)\tdies.\n\t(2)\tThe Chairperson of the Ministerial Council may remove a member from office if—\n\t(a)\tthe member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or\n\t(b)\tthe member, as a result of the member's misconduct, impairment or incompetence—\n\t(i)\tceases to be a registered health practitioner; or\n\t(ii)\tif the member is registered in more than one health profession—ceases to be registered in either or any of the health professions; or\n\t(c)\tthe member ceases to be eligible for appointment to the office that the member holds on the National Board; or\n\t(d)\tthe member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with member's creditors or makes an assignment of the member's remuneration for their benefit; or\n\t(e)\tthe National Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member's functions as a member.\n5—Vacancies to be advertised\n\t(1)\tBefore the Ministerial Council appoints a member of a National Board, the vacancy to be filled is to be publicly advertised.\n\t(2)\tThe National Agency may assist the Ministerial Council in the process of appointing members of a National Board, including in the advertising of vacancies.\n\t(3)\tIt is not necessary to advertise a vacancy in the membership of a National Board before appointing a person to act in the office of a member.\nThe general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a National Board.\n6—Extension of term of office during vacancy in membership\n\t(1)\tIf the office of a member becomes vacant because the member has completed the member's term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).\n\t(2)\tHowever, this clause ceases to apply to the member if—\n\t(a)\tthe member resigns the member's office by instrument in writing addressed to the Chairperson of the Ministerial Council; or\n\t(b)\tthe Chairperson of the Ministerial Council determines that the services of the member are no longer required.\n\t(3)\tThe maximum period for which a member is taken to continue to be a member under this clause after completion of the member's term of office is 6 months.\n7—Members to act in public interest\n\t(1)\tA member of a National Board is to act impartially and in the public interest in the exercise of the member's functions as a member.\n\t(2)\tAccordingly, a member of a National Board is to put the public interest before the interests of particular health practitioners or any entity that represents health practitioners.\n8—Disclosure of conflict of interest\n\t(a)\ta member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the National Board; and\n\t(b)\tthe interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter;\nthe member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the National Board.\n\t(2)\tParticulars of any disclosure made under this clause must be recorded by the National Board in a book kept for the purpose.\n\t(3)\tAfter a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the National Board otherwise determines—\n\t(a)\tbe present during any deliberation of the National Board with respect to the matter; or\n\t(b)\ttake part in any decision of the National Board with respect to the matter.\n\t(4)\tFor the purposes of the making of a determination by the National Board under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—\n\t(a)\tbe present during any deliberation of the National Board for the purpose of making the determination; or\n\t(b)\ttake part in the making of the determination by the National Board.\n\t(5)\tA contravention of this clause does not invalidate any decision of the National Board.\n\t(6)\tThis clause applies to a member of a committee of a National Board and the committee in the same way as it applies to a member of the National Board and the National Board.\nPart 3—Functions and powers\n9—Requirement to consult other National Boards\nIf a National Board (the first Board) proposes to make a recommendation to the Ministerial Council about a matter that may reasonably be expected to be of interest to another National Board (the other Board), the first Board must—\n\t(a)\tconsult with the other Board about the proposed recommendation; and\n\t(b)\tif the first Board makes the recommendation to the Ministerial Council, advise the Council about any contrary views expressed by the other Board about the recommendation.\n10—Boards may obtain assistance\nA National Board may, for the purposes of exercising its functions, obtain the assistance of or advice from a local registration authority or another entity having knowledge of matters relating to a health profession for which it is established.\n11—Committees\nA National Board may establish committees to do any of the following—\n\t(a)\tto develop registration standards for a health profession for which the Board is established;\n\t(b)\tto develop codes or guidelines for a health profession for which the Board is established;\n\t(c)\tto exercise any other functions of the Board or to provide assistance or advice to the Board in the exercise of its functions.\nPart 4—Procedure\n12—General procedure\nThe procedure for the calling of meetings of the National Board and for the conduct of business at those meetings is, subject to this Law, to be as determined by the National Board.\n13—Quorum\nThe quorum for a meeting of the National Board is a majority of its members for the time being, at least one of whom is a community member.\n14—Presiding member\n\t(1)\tThe Chairperson (or, in the absence of the Chairperson, a person elected by the members of the National Board who are present at a meeting of the National Board) is to preside at a meeting of the National Board.\n\t(2)\tThe presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.\n15—Voting\nA decision supported by a majority of the votes cast at a meeting of the National Board at which a quorum is present is the decision of the National Board.\n16—Transaction of business outside meetings or by telecommunication\n\t(1)\tThe National Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the National Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the National Board.\n\t(2)\tThe National Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\n\t(3)\tFor the purposes of—\n\t(a)\tthe approval of a resolution under subclause (1); or\n\t(b)\ta meeting held in accordance with subclause (2);\nthe Chairperson and each member have the same voting rights as they have at an ordinary meeting of the National Board.\n\t(4)\tPapers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned.\n17—First meeting\nThe Chairperson may call the first meeting of the National Board in any manner the Chairperson thinks fit.\n18—Defects in appointment of members\nA decision of the National Board or of a committee of the National Board is not invalidated by any defect or irregularity in the appointment of any member (or acting member) of the National Board or of a committee of the National Board.\n","sortOrder":48},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Investigators","content":"Schedule 5—Investigators\n(Section 163)\n1—Powers of investigators\nFor the purposes of conducting an investigation, an investigator may, by written notice given to a person, require the person to—\n\t(a)\tgive stated information to the investigator within a stated reasonable time and in a stated reasonable way; or\n\t(b)\tattend before the investigator at a stated time and a stated place to answer questions or produce documents.\n2—Offence for failing to produce information or attend before investigator\n\t(1)\tA person required to give stated information to an investigator under clause 1(a) must not fail, without reasonable excuse, to give the information as required by the notice.\n\t(2)\tA person given a notice to attend before an investigator must not fail, without reasonable excuse, to—\n\t(a)\tattend as required by the notice; and\n\t(b)\tcontinue to attend as required by the investigator until excused from further attendance; and\n\t(c)\tanswer a question the person is required to answer by the investigator; and\n\t(d)\tproduce a document the person is required to produce by the notice.\n\t(3)\tFor the purposes of subclauses (1) and (2), it is a reasonable excuse for an individual to fail to give stated information, answer a question or to produce a document, if giving the information, answering the question or producing the document might tend to incriminate the individual.\n3—Inspection of documents\n\t(1)\tIf a document is produced to an investigator, the investigator may—\n\t(c)\tkeep the document while it is necessary for the investigation.\n\t(2)\tIf the investigator keeps the document, the investigator must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the investigator.\n4—Entering places\nFor the purposes of conducting an investigation, an investigator may enter a place if—\n\t(a)\tits occupier consents to the entry of the place; or\n\t(b)\tit is a public place and the entry is made when it is open to the public; or\n\t(c)\tthe entry is authorised by a warrant.\n5—Application for warrant\n\t(1)\tAn investigator may apply to a magistrate of a participating jurisdiction for a warrant for a place.\n\t(2)\tThe investigator must prepare a written application that states the grounds on which the warrant is sought.\n\t(3)\tThe written application must be sworn.\n\t(4)\tThe magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\n6—Issue of warrant\n\t(1)\tThe magistrate may issue the warrant only if the magistrate is satisfied there are reasonable grounds for suspecting there is evidence about a matter being investigated by the investigator at the place.\n\t(2)\tThe warrant must state—\n\t(a)\tthat a stated investigator may, with necessary and reasonable help and force—\n\t(i)\tenter the place and any other place necessary for entry; and\n\t(ii)\texercise the investigator's powers under this Part; and\n\t(b)\tthe matter for which the warrant is sought; and\n\t(c)\tthe evidence that may be seized under the warrant; and\n\t(d)\tthe hours of the day or night when the place may be entered; and\n\t(e)\tthe date, within 14 days after the warrant's issue, the warrant ends.\n7—Application by electronic communication\n\t(1)\tAn investigator may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the investigator considers it necessary because of—\n\t(a)\turgent circumstances; or\n\t(b)\tother special circumstances, including the investigator's remote location.\n\t(2)\tThe application—\n\t(a)\tmay not be made before the investigator prepares the written application under clause 5(2); but\n\t(b)\tmay be made before the written application is sworn.\n\t(3)\tThe magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—\n\t(a)\tit was necessary to make the application under subclause (1); and\n\t(b)\tthe way the application was made under subclause (1) was appropriate.\n\t(4)\tAfter the magistrate issues the original warrant—\n\t(a)\tif there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or\n\t(i)\tthe magistrate must tell the investigator the date and time the warrant is issued and the other terms of the warrant; and\n\t(ii)\tthe investigator must complete a form of warrant including by writing on it—\n\t(A)\tthe magistrate's name; and\n\t(B)\tthe date and time the magistrate issued the warrant; and\n\t(C)\tthe other terms of the warrant.\n\t(5)\tThe copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.\n\t(6)\tThe investigator must, at the first reasonable opportunity, send to the magistrate—\n\t(a)\tthe written application complying with clause 5(2) and (3); and\n\t(b)\tif the investigator completed a form of warrant under subclause (4)(b), the completed form of warrant.\n\t(7)\tThe magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court.\n\t(8)\tDespite subclause (5), if—\n\t(a)\tan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and\n\t(b)\tthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n\t(9)\tThis clause does not limit clause 5.\n8—Procedure before entry under warrant\n\t(1)\tBefore entering a place under a warrant, an investigator must do or make a reasonable attempt to do the following—\n\t(a)\tidentify himself or herself to a person present at the place who is an occupier of the place by producing the investigator's identity card or another document evidencing the investigator's appointment;\n\t(b)\tgive the person a copy of the warrant;\n\t(c)\ttell the person the investigator is permitted by the warrant to enter the place;\n\t(d)\tgive the person an opportunity to allow the investigator immediate entry to the place without using force.\n\t(2)\tHowever, the investigator need not comply with subclause (1) if the investigator reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n9—Powers after entering places\n\t(1)\tThis clause applies if an investigator enters a place under clause 4.\n\t(2)\tThe investigator may for the purposes of the investigation do the following—\n\t(a)\tsearch any part of the place;\n\t(b)\tinspect, measure, test, photograph or film any part of the place or anything at the place;\n\t(c)\ttake a thing, or a sample of or from a thing, at the place for analysis, measurement or testing;\n\t(d)\tcopy, or take an extract from, a document, at the place;\n\t(e)\ttake into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this Part;\n\t(f)\trequire the occupier of the place, or a person at the place, to give the investigator reasonable help to exercise the investigator's powers under paragraphs (a) to (e);\n\t(g)\trequire the occupier of the place, or a person at the place, to give the investigator information to help the investigator in conducting the investigation.\n\t(3)\tWhen making a requirement referred to in subclause (2)(f) or (g), the investigator must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n10—Offences for failing to comply with requirement under clause 9\n\t(1)\tA person required to give reasonable help under clause 9(2)(f) must comply with the requirement, unless the person has a reasonable excuse.\n\t(2)\tA person of whom a requirement is made under clause 9(2)(g) must comply with the requirement, unless the person has a reasonable excuse.\n\t(3)\tIt is a reasonable excuse for an individual not to comply with a requirement under clause 9(2)(f) or (g) that complying with the requirement might tend to incriminate the individual.\n11—Seizure of evidence\n\t(1)\tAn investigator who enters a public place when the place is open to the public may seize a thing at the place if the investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator.\n\t(2)\tIf an investigator enters a place with the occupier's consent, the investigator may seize a thing at the place if—\n\t(a)\tthe investigator reasonably believes the thing is evidence that is relevant to the investigation being conducted by the investigator; and\n\t(b)\tseizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier's consent.\n\t(3)\tIf an investigator enters a place with a warrant, the investigator may seize the evidence for which the warrant was issued.\n\t(4)\tFor the purposes of subclauses (2) and (3), the investigator may also seize anything else at the place if the investigator reasonably believes—\n\t(a)\tthe thing is evidence that is relevant to the investigation; and\n\t(b)\tthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\n12—Securing seized things\nHaving seized a thing, an investigator may—\n\t(a)\tmove the thing from the place where it was seized; or\n\t(b)\tleave the thing at the place where it was seized but take reasonable action to restrict access to it.\n13—Receipt for seized things\n\t(1)\tAs soon as practicable after an investigator seizes a thing, the investigator must give a receipt for it to the person from whom it was seized.\n\t(2)\tHowever, if for any reason it is not practicable to comply with subclause (1), the investigator must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n\t(3)\tThe receipt must describe generally the seized thing and its condition.\n\t(4)\tThis clause does not apply to a thing if it is impracticable or would be unreasonable to give the receipt given the thing's nature, condition and value.\n14—Forfeiture of seized thing\n\t(1)\tA seized thing is forfeited to the National Agency if the investigator who seized the thing—\n\t(a)\tcannot find its owner, after making reasonable inquiries; or\n\t(b)\tcannot return it to its owner, after making reasonable efforts.\n\t(2)\tIn applying subclause (1)—\n\t(a)\tsubclause (1)(a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n\t(b)\tsubclause (1)(b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n\t(3)\tRegard must be had to a thing's nature, condition and value in deciding—\n\t(a)\twhether it is reasonable to make inquiries or efforts; and\n\t(b)\tif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n15—Dealing with forfeited things\n\t(1)\tOn the forfeiture of a thing to the National Agency, the thing becomes the Agency's property and may be dealt with by the Agency as the Agency considers appropriate.\n\t(2)\tWithout limiting subclause (1), the National Agency may destroy or dispose of the thing.\n16—Return of seized things\n\t(1)\tIf a seized thing has not been forfeited, the investigator must return it to its owner—\n\t(a)\tat the end of 6 months; or\n\t(b)\tif proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.\n\t(2)\tDespite subclause (1), unless the thing has been forfeited, the investigator must immediately return a thing seized as evidence to its owner if the investigator is no longer satisfied its continued retention as evidence is necessary.\n17—Access to seized things\n\t(1)\tUntil a seized thing is forfeited or returned, an investigator must allow its owner to inspect it and, if it is a document, to copy it.\n\t(2)\tSubclause (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n18—Damage to property\n\t(1)\tThis clause applies if—\n\t(a)\tan investigator damages property when exercising or purporting to exercise a power; or\n\t(b)\ta person (the other person) acting under the direction of an investigator damages property.\n\t(2)\tThe investigator must promptly give written notice of particulars of the damage to the person who appears to the investigator to be the owner of the property.\n\t(3)\tIf the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the investigator's or other person's control, the investigator must state the belief in the notice.\n\t(4)\tIf, for any reason, it is impracticable to comply with subclause (2), the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n\t(5)\tThis clause does not apply to damage the investigator reasonably believes is trivial.\nowner, of property, includes the person in possession or control of it.\n19—Compensation\n\t(1)\tA person may claim compensation from the National Agency if the person incurs loss or expense because of the exercise or purported exercise of a power under this Schedule by the investigator.\n\t(2)\tWithout limiting subclause (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under this Schedule.\n\t(3)\tCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n\t(4)\tA court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.\n20—False or misleading information\nA person must not state anything to an investigator that the person knows is false or misleading in a material particular.\n21—False or misleading documents\n\t(1)\tA person must not give an investigator a document containing information the person knows is false or misleading in a material particular.\n\t(2)\tSubclause (1) does not apply to a person who, when giving the document—\n\t(a)\tinforms the investigator, to the best of the person's ability, how it is false or misleading; and\n\t(b)\tgives the correct information to the investigator if the person has, or can reasonably obtain, the correct information.\n22—Obstructing investigators\n\t(1)\tA person must not obstruct an investigator in the exercise of a power, unless the person has a reasonable excuse.\n\t(2)\tIf a person has obstructed an investigator and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that—\n\t(a)\tit is an offence to obstruct the investigator, unless the person has a reasonable excuse; and\n\t(b)\tthe investigator considers the person's conduct is an obstruction.\nobstruct includes hinder and attempt to obstruct or hinder.\n23—Impersonation of investigators\nA person must not pretend to be an investigator.\n","sortOrder":49},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Inspectors","content":"Schedule 6—Inspectors\n(Section 238)\n1—Powers of inspectors\n\t(1)\tThis clause applies if an inspector reasonably believes—\n\t(a)\tan offence against this Law has been committed; and\n\t(b)\ta person may be able to give information about the offence.\n\t(2)\tThe inspector may, by written notice given to a person, require the person to—\n\t(a)\tgive stated information to the inspector within a stated reasonable time and in a stated reasonable way; or\n\t(b)\tattend before the inspector at a stated time and a stated place to answer questions or produce documents.\n2—Offence for failing to produce information or attend before inspector\n\t(1)\tA person required to give stated information to an inspector under clause 1(2)(a) must not fail, without reasonable excuse, to give the information as required by the notice.\n\t(2)\tA person given a notice to attend before an inspector must not fail, without reasonable excuse, to—\n\t(a)\tattend as required by the notice; and\n\t(b)\tcontinue to attend as required by the inspector until excused from further attendance; and\n\t(c)\tanswer a question the person is required to answer by the inspector; and\n\t(d)\tproduce a document the person is required to produce by the notice.\n\t(3)\tFor the purposes of subclauses (1) and (2), it is a reasonable excuse for an individual to fail to give stated information, answer a question or to produce a document, if giving the information, answering the question or producing the document might tend to incriminate the individual.\n3—Inspection of documents\n\t(1)\tIf a document is produced to an inspector, the inspector may—\n\t(c)\tkeep the document while it is necessary for the investigation.\n\t(2)\tIf the inspector keeps the document, the inspector must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the inspector.\n4—Entering places\nAn inspector may enter a place if—\n\t(a)\tits occupier consents to the entry of the place; or\n\t(b)\tit is a public place and the entry is made when it is open to the public; or\n\t(c)\tthe entry is authorised by a warrant.\n5—Application for warrant\n\t(1)\tAn inspector may apply to a magistrate of a participating jurisdiction for a warrant for a place.\n\t(2)\tThe inspector must prepare a written application that states the grounds on which the warrant is sought.\n\t(3)\tThe written application must be sworn.\n\t(4)\tThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\n6—Issue of warrant\n\t(1)\tThe magistrate may issue the warrant only if the magistrate is satisfied there are reasonable grounds for suspecting there is a particular thing or activity that may provide evidence of an offence against this Law at the place.\n\t(2)\tThe warrant must state—\n\t(a)\tthat a stated inspector may, with necessary and reasonable help and force—\n\t(i)\tenter the place and any other place necessary for entry; and\n\t(ii)\texercise the inspector's powers under this Part; and\n\t(b)\tthe matter for which the warrant is sought; and\n\t(c)\tthe evidence that may be seized under the warrant; and\n\t(d)\tthe hours of the day or night when the place may be entered; and\n\t(e)\tthe date, within 14 days after the warrant's issue, the warrant ends.\n7—Application by electronic communication\n\t(1)\tAn inspector may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the inspector considers it necessary because of—\n\t(a)\turgent circumstances; or\n\t(b)\tother special circumstances, including the inspector's remote location.\n\t(2)\tThe application—\n\t(a)\tmay not be made before the inspector prepares the written application under clause 5(2); but\n\t(b)\tmay be made before the written application is sworn.\n\t(3)\tThe magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—\n\t(a)\tit was necessary to make the application under subclause (1); and\n\t(b)\tthe way the application was made under subclause (1) was appropriate.\n\t(4)\tAfter the magistrate issues the original warrant—\n\t(a)\tif there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\n\t(i)\tthe magistrate must tell the inspector the date and time the warrant is issued and the other terms of the warrant; and\n\t(ii)\tthe inspector must complete a form of warrant including by writing on it—\n\t(A)\tthe magistrate's name; and\n\t(B)\tthe date and time the magistrate issued the warrant; and\n\t(C)\tthe other terms of the warrant.\n\t(5)\tThe copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.\n\t(6)\tThe inspector must, at the first reasonable opportunity, send to the magistrate—\n\t(a)\tthe written application complying with clause 5(2) and (3); and\n\t(b)\tif the inspector completed a form of warrant under subclause (4)(b), the completed form of warrant.\n\t(7)\tThe magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court.\n\t(8)\tDespite subclause (5), if—\n\t(a)\tan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and\n\t(b)\tthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n\t(9)\tThis clause does not limit clause 5.\n8—Procedure before entry under warrant\n\t(1)\tBefore entering a place under a warrant, an inspector must do or make a reasonable attempt to do the following—\n\t(a)\tidentify himself or herself to a person present at the place who is an occupier of the place by producing the inspector's identity card or another document evidencing the inspector's appointment;\n\t(b)\tgive the person a copy of the warrant;\n\t(c)\ttell the person the inspector is permitted by the warrant to enter the place;\n\t(d)\tgive the person an opportunity to allow the inspector immediate entry to the place without using force.\n\t(2)\tHowever, the inspector need not comply with subclause (1) if the inspector reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n9—Powers after entering places\n\t(1)\tThis clause applies if an inspector enters a place under clause 4.\n\t(2)\tThe inspector may for the purposes of the investigation do the following—\n\t(a)\tsearch any part of the place;\n\t(b)\tinspect, measure, test, photograph or film any part of the place or anything at the place;\n\t(c)\ttake a thing, or a sample of or from a thing, at the place for analysis, measurement or testing;\n\t(d)\tcopy, or take an extract from, a document, at the place;\n\t(e)\ttake into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this Part;\n\t(f)\trequire the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector's powers under paragraphs (a) to (e);\n\t(g)\trequire the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Law is being complied with.\n\t(3)\tWhen making a requirement referred to in subclause (2)(f) or (g), the inspector must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n10—Offences for failing to comply with requirement under clause 9\n\t(1)\tA person required to give reasonable help under clause 9(2)(f) must comply with the requirement, unless the person has a reasonable excuse.\n\t(2)\tA person of whom a requirement is made under clause 9(2)(g) must comply with the requirement, unless the person has a reasonable excuse.\n\t(3)\tIt is a reasonable excuse for an individual not to comply with a requirement under clause 9(2)(f) or (g) that complying with the requirement might tend to incriminate the individual.\n11—Seizure of evidence\n\t(1)\tAn inspector who enters a public place when the place is open to the public may seize a thing at the place if the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector.\n\t(2)\tIf an inspector enters a place with the occupier's consent, the inspector may seize a thing at the place if—\n\t(a)\tthe inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector; and\n\t(b)\tseizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier's consent.\n\t(3)\tIf an inspector enters a place with a warrant, the inspector may seize the evidence for which the warrant was issued.\n\t(4)\tFor the purposes of subclauses (2) and (3), the inspector may also seize anything else at the place if the inspector reasonably believes—\n\t(a)\tthe thing is evidence that is relevant to the investigation; and\n\t(b)\tthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\n12—Securing seized things\nHaving seized a thing, an inspector may—\n\t(a)\tmove the thing from the place where it was seized; or\n\t(b)\tleave the thing at the place where it was seized but take reasonable action to restrict access to it.\n13—Receipt for seized things\n\t(1)\tAs soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized.\n\t(2)\tHowever, if for any reason it is not practicable to comply with subclause (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n\t(3)\tThe receipt must describe generally the seized thing and its condition.\n\t(4)\tThis clause does not apply to a thing if it is impracticable or would be unreasonable to give the receipt given the thing's nature, condition and value.\n14—Forfeiture of seized thing\n\t(1)\tA seized thing is forfeited to the National Agency if the inspector who seized the thing—\n\t(a)\tcannot find its owner, after making reasonable inquiries; or\n\t(b)\tcannot return it to its owner, after making reasonable efforts.\n\t(2)\tIn applying subclause (1)—\n\t(a)\tsubclause (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n\t(b)\tsubclause (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n\t(3)\tRegard must be had to a thing's nature, condition and value in deciding—\n\t(a)\twhether it is reasonable to make inquiries or efforts; and\n\t(b)\tif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n15—Dealing with forfeited things\n\t(1)\tOn the forfeiture of a thing to the National Agency, the thing becomes the Agency's property and may be dealt with by the Agency as the Agency considers appropriate.\n\t(2)\tWithout limiting subclause (1), the National Agency may destroy or dispose of the thing.\n16—Return of seized things\n\t(1)\tIf a seized thing has not been forfeited, the inspector must return it to its owner—\n\t(a)\tif proceedings involving the thing are started within 6 months after the thing is seized—at the end of the proceedings and any appeal from the proceedings; or\n\t(i)\t6 months after the thing is seized; or\n\t(ii)\tat the end of any longer time for which the thing may be kept under subclause (3).\n\t(2)\tDespite subclause (1), unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector is no longer satisfied its continued retention as evidence is necessary.\n\t(3)\tIf the seized thing is a document, the inspector may keep it while the inspector is satisfied it is needed, or may be needed, for the purposes of—\n\t(a)\ta proceeding for an offence against this Law that is likely to be started or that has been started but not completed; or\n\t(b)\tan appeal from a decision in a proceeding for an offence against this Law.\n17—Access to seized things\n\t(1)\tUntil a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it or take an extract from it.\n\t(2)\tSubclause (1) does not apply if it is impracticable or would be unreasonable to allow the inspection, copying or taking of an extract.\n18—Damage to property\n\t(1)\tThis clause applies if—\n\t(a)\tan inspector damages property when exercising or purporting to exercise a power; or\n\t(b)\ta person (the other person) acting under the direction of an inspector damages property.\n\t(2)\tThe inspector must promptly give written notice of particulars of the damage to the person who appears to the inspector to be the owner of the property.\n\t(3)\tIf the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector's or other person's control, the inspector must state the belief in the notice.\n\t(4)\tIf, for any reason, it is impracticable to comply with subclause (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n\t(5)\tThis clause does not apply to damage the inspector reasonably believes is trivial.\nowner, of property, includes the person in possession or control of it.\n19—Compensation\n\t(1)\tA person may claim compensation from the National Agency if the person incurs loss or expense because of the exercise or purported exercise of a power under this Schedule by the inspector.\n\t(2)\tWithout limiting subclause (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under this Schedule.\n\t(3)\tCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n\t(4)\tA court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.\n20—False or misleading information\nA person must not state anything to an inspector that the person knows is false or misleading in a material particular.\n21—False or misleading documents\n\t(1)\tA person must not give an inspector a document containing information the person knows is false or misleading in a material particular.\n\t(2)\tSubclause (1) does not apply to a person who, when giving the document—\n\t(a)\tinforms the inspector, to the best of the person's ability, how it is false or misleading; and\n\t(b)\tgives the correct information to the inspector if the person has, or can reasonably obtain, the correct information.\n22—Obstructing inspectors\n\t(1)\tA person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse.\n\t(2)\tIf a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that—\n\t(a)\tit is an offence to obstruct the inspector, unless the person has a reasonable excuse; and\n\t(b)\tthe inspector considers the person's conduct is an obstruction.\nobstruct includes hinder and attempt to obstruct or hinder.\n23—Impersonation of inspectors\nA person must not pretend to be an inspector.\nSchedule 7—Miscellaneous provisions relating to interpretation\n(Section 6)\n1—Displacement of Schedule by contrary intention\nThe application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law.\nPart 2—General\n2—Law to be construed not to exceed legislative power of Legislature\n\t(1)\tThis Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction.\n\t(2)\tIf a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction—\n\t(a)\tit is a valid provision to the extent to which it is not in excess of the power; and\n\t(b)\tthe remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected.\n\t(3)\tThis clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law.\n3—Every section to be a substantive enactment\nEvery section of this Law has effect as a substantive enactment without introductory words.\n4—Material that is, and is not, part of this Law\n\t(1)\tThe heading to a Part, Division or Subdivision into which this Law is divided is part of this Law.\n\t(2)\tA Schedule to this Law is part of this Law.\n\t(3)\tPunctuation in this Law is part of this Law.\n\t(4)\tA heading to a section or subsection of this Law does not form part of this Law.\n\t(5)\tNotes included in this Law (including footnotes and endnotes) do not form part of this Law.\n5—References to particular Acts and to enactments\n\t(a)\tan Act of this jurisdiction may be cited—\n\t(ii)\tby reference to the year in which it was passed and its number; and\n\t(b)\ta Commonwealth Act may be cited—\n\t(ii)\tin another way sufficient in a Commonwealth Act for the citation of such an Act;\ntogether with a reference to the Commonwealth; and\n\t(c)\tan Act of another jurisdiction may be cited—\n\t(ii)\tin another way sufficient in an Act of the jurisdiction for the citation of such an Act;\ntogether with a reference to the jurisdiction.\n6—References taken to be included in Act or Law citation etc\n\t(1)\tA reference in this Law to an Act includes a reference to—\n\t(a)\tthe Act as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—the Act as re‑enacted, and as amended from time to time since its re‑enactment.\n\t(2)\tA reference in this Law to a provision of this Law or of an Act includes a reference to—\n\t(a)\tthe provision as originally enacted, and as amended from time to time since its original enactment; and\n\t(b)\tif the provision has been omitted and re‑enacted (with or without modification) since the enactment of the reference—the provision as re‑enacted, and as amended from time to time since its re‑enactment.\n\t(3)\tSubclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act.\n7—Interpretation best achieving Law's purpose\n\t(1)\tIn the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation.\n\t(2)\tSubclause (1) applies whether or not the purpose is expressly stated in this Law.\n8—Use of extrinsic material in interpretation\n\t(1)\tIn this clause—\nextrinsic material means relevant material not forming part of this Law, including, for example—\n\t(a)\tmaterial that is set out in the document containing the text of this Law as printed by the Government Printer; and\n\t(b)\ta relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and\n\t(c)\ta relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and\n\t(d)\ta treaty or other international agreement that is mentioned in this Law; and\n\t(e)\tan explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and\n\t(f)\tthe speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and\n\t(g)\tmaterial in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and\n\t(h)\ta document that is declared by this Law to be a relevant document for the purposes of this clause.\nordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law.\n\t(2)\tSubject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation—\n\t(a)\tif the provision is ambiguous or obscure—to provide an interpretation of it; or\n\t(b)\tif the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or\n\t(c)\tin any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision.\n\t(3)\tIn determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to—\n\t(a)\tthe desirability of a provision being interpreted as having its ordinary meaning; and\n\t(b)\tthe undesirability of prolonging proceedings without compensating advantage; and\n\t(c)\tother relevant matters.\n9—Effect of change of drafting practice and use of examples\nIf—\n\t(a)\ta provision of this Law expresses an idea in particular words; and\n\t(b)\ta provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example—\n\t(i)\tthe use of a clearer or simpler style; or\n\t(ii)\tthe use of gender-neutral language;\nthe ideas must not be taken to be different merely because different words are used.\n10—Use of examples\nIf this Law includes an example of the operation of a provision—\n\t(a)\tthe example is not exhaustive; and\n\t(b)\tthe example does not limit, but may extend, the meaning of the provision; and\n\t(c)\tthe example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails.\n11—Compliance with forms\n\t(1)\tIf a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient.\n\t(2)\tIf a form prescribed or approved by or for the purpose of this Law requires—\n\t(a)\tthe form to be completed in a specified way; or\n\t(b)\tspecified information or documents to be included in, attached to or given with the form; or\n\t(c)\tthe form, or information or documents included in, attached to or given with the form, to be verified in a specified way,\nthe form is not properly completed unless the requirement is complied with.\nPart 3—Terms and references\n12—Definitions\n\t(1)\tIn this Law—\nAct means an Act of the Legislature of this jurisdiction.\nadult means an individual who is 18 or more.\naffidavit, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.\namend includes—\n\t(a)\tomit or omit and substitute; or\n\t(b)\talter or vary; or\n\t(c)\tamend by implication.\nappoint includes reappoint.\nAustralia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\nbusiness day means a day that is not—\n\t(a)\ta Saturday or Sunday; or\n\t(b)\ta public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.\ncalendar month means a period starting at the beginning of any day of one of the 12 named months and ending—\n\t(a)\timmediately before the beginning of the corresponding day of the next named month; or\n\t(b)\tif there is no such corresponding day—at the end of the next named month.\ncalendar year means a period of 12 months beginning on 1 January.\ncommencement, in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation.\nCommonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.\nconfer, in relation to a function, includes impose.\ncontravene includes fail to comply with.\ncountry includes—\n\t(a)\ta federation; or\n\t(b)\ta state, province or other part of a federation.\ndate of assent, in relation to an Act, means the day on which the Act receives the Royal Assent.\ndefinition means a provision of this Law (however expressed) that—\n\t(a)\tgives a meaning to a word or expression; or\n\t(b)\tlimits or extends the meaning of a word or expression.\ndocument includes—\n\t(a)\tany paper or other material on which there is writing; or\n\t(b)\tany paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or\n\t(c)\tany disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device).\nelectronic communication means—\n\t(a)\ta communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or\n\t(b)\ta communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.\nestate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity.\nexpire includes lapse or otherwise cease to have effect.\nexternal Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act.\nfail includes refuse.\nfinancial year means a period of 12 months beginning on 1 July.\nforeign country means a country (whether or not an independent sovereign State) outside Australia and the external Territories.\nfunction includes a power, authority or duty.\nGazette means the Government Gazette of this jurisdiction.\ngazetted means published in the Gazette.\nGazette notice means notice published in the Gazette.\nGovernment Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument.\nindividual means a natural person.\ninformation system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.\ninsert, in relation to a provision of this Law, includes substitute.\ninstrument includes a statutory instrument.\ninterest, in relation to land or other property, means—\n\t(a)\ta legal or equitable estate in the land or other property; or\n\t(b)\ta right, power or privilege over, or in relation to, the land or other property. internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.\ninternal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.\nJervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 (Cwlth).\nmake includes issue or grant.\nminor means an individual who is under 18.\nmodification includes addition, omission or substitution.\nmonth means a calendar month.\nnamed month means 1 of the 12 months of the year.\nNorthern Territory means the Northern Territory of Australia.\nnumber means—\n\t(a)\ta number expressed in figures or words; or\n\t(b)\ta letter; or\n\t(c)\ta combination of a number so expressed and a letter.\noath, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise.\noffice includes position.\nomit, in relation to a provision of this Law or an Act, includes repeal.\nparty includes an individual or a body politic or corporate.\npenalty includes forfeiture or punishment.\nperson includes an individual or a body politic or corporate.\npower includes authority.\nprescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law.\nprinted includes typewritten, lithographed or reproduced by any mechanical means.\nproceeding means a legal or other action or proceeding.\nproperty means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.\nprovision, in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act, and includes—\n\t(a)\ta Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act; or\n\t(b)\ta section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; or\n\t(c)\tthe long title and any preamble to the Act.\nrecord includes information stored or recorded by means of a computer.\nrepeal includes—\n\t(a)\trevoke or rescind; or\n\t(b)\trepeal by implication; or\n\t(c)\tabrogate or limit the effect of this Law or instrument concerned; or\n\t(d)\texclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance.\nsign includes the affixing of a seal or the making of a mark.\nstatutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding.\nstatutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument.\nswear, in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise.\nword includes any symbol, figure or drawing.\nwriting includes any mode of representing or reproducing words in a visible form.\n\t(2)\tIn a statutory instrument—\nthe Law means this Law.\n13—Provisions relating to defined terms and gender and number\n\t(1)\tIf this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.\n\t(2)\tDefinitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.\n\t(3)\tIn this Law, words indicating a gender include each other gender.\n\t(4)\tIn this Law—\n\t(a)\twords in the singular include the plural; and\n\t(b)\twords in the plural include the singular.\n14—Meaning of \"may\" and \"must\" etc\n\t(1)\tIn this Law, the word may, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.\n\t(2)\tIn this Law, the word must, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.\n\t(3)\tThis clause has effect despite any rule of construction to the contrary.\n15—Words and expressions used in statutory instruments\n\t(1)\tWords and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.\n\t(2)\tThis clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.\n16—Effect of express references to bodies corporate and individuals\nIn this Law, a reference to a person generally (whether the expression \"person\", \"party\", \"someone\", \"anyone\", \"no-one\", \"one\", \"another\" or \"whoever\" or another expression is used)—\n\t(a)\tdoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and\n\t(b)\tdoes not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).\n17—Production of records kept in computers etc\nIf a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—\n\t(a)\tto produce the information or a document containing the information to a court, tribunal or person; or\n\t(b)\tto make a document containing the information available for inspection by a court, tribunal or person;\nthen, unless the court, tribunal or person otherwise directs—\n\t(c)\tthe requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and\n\t(d)\tthe production to the court, tribunal or person of the document in that form complies with the requirement.\n18—References to this jurisdiction to be implied\n\t(a)\ta reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and\n\t(b)\ta reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.\n19—References to officers and holders of offices\nIn this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.\n20—Reference to certain provisions of Law\nIf a provision of this Law refers—\n\t(a)\tto a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or\n\t(b)\tto a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or\n\t(c)\tto a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—\n\t(i)\tthe Division, designated by the number, of the Part in which the reference occurs; and\n\t(ii)\tthe Subdivision, designated by the number, of the Division in which the reference occurs; and\n\t(iii)\tthe subsection, designated by the number, of the section in which the reference occurs; and\n\t(iv)\tthe paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and\n\t(v)\tthe paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and\n\t(vi)\tthe subparagraph, designated by the number, of the paragraph in which the reference occurs; and\n\t(vii)\tthe sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and\n\t(viii)\tthe section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;\nas the case requires.\n21—Reference to provisions of this Law or an Act is inclusive\nIn this Law, a reference to a portion of this Law or an Act includes—\n\t(a)\ta reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and\n\t(b)\ta reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.\nA reference to \"sections 5 to 9\" includes both section 5 and section 9. It is not necessary to refer to \"sections 5 to 9 (both inclusive)\" to ensure that the reference is given an inclusive interpretation.\nPart 4—Functions and powers\n22—Performance of statutory functions\n\t(1)\tIf this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.\n\t(2)\tIf this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.\n\t(3)\tIf this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.\n23—Power to make instrument or decision includes power to amend or repeal\nIf this Law authorises or requires the making of an instrument or decision—\n\t(a)\tthe power includes power to amend or repeal the instrument or decision; and\n\t(b)\tthe power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.\n24—Matters for which statutory instruments may make provision\n\t(1)\tIf this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—\n\t(a)\tan Act or statutory instrument; or\n\t(b)\tanother document (whether of the same or a different kind);\nas in force at a particular time or as in force from time to time.\n\t(2)\tIf a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.\n\t(3)\tA statutory instrument may—\n\t(a)\tapply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or\n\t(b)\tapply generally to all persons, matters or things or be limited in its application to—\n\t(i)\tparticular persons, matters or things; or\n\t(ii)\tparticular classes of persons, matters or things; or\n\t(c)\totherwise apply generally or be limited in its application by reference to specified exceptions or factors.\n\t(4)\tA statutory instrument may—\n\t(a)\tapply differently according to different specified factors; or\n\t(b)\totherwise make different provision in relation to—\n\t(i)\tdifferent persons, matters or things; or\n\t(ii)\tdifferent classes of persons, matters or things.\n\t(5)\tA statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.\n\t(6)\tIf this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.\n\t(7)\tIf this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.\n\t(8)\tA statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.\n\t(9)\tA statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.\n25—Presumption of validity and power to make\n\t(1)\tAll conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.\n\t(2)\tA statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.\n26—Appointments may be made by name or office\n\t(1)\tIf this Law authorises or requires a person or body—\n\t(a)\tto appoint a person to an office; or\n\t(b)\tto appoint a person or body to exercise a power; or\n\t(c)\tto appoint a person or body to do another thing;\nthe person or body may make the appointment by—\n\t(d)\tappointing a person or body by name; or\n\t(e)\tappointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.\n\t(2)\tAn appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.\n27—Acting appointments\n\t(1)\tIf this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—\n\t(a)\ta person by name; or\n\t(b)\ta particular officer, or the holder of a particular office, by reference to the title of the office concerned;\nto act in the office.\n\t(2)\tThe appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n\t(3)\tThe appointer may—\n\t(a)\tdetermine the terms and conditions of the appointment, including remuneration and allowances; and\n\t(b)\tterminate the appointment at any time.\n\t(4)\tThe appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.\n\t(5)\tThe appointee must not act for more than 1 year during a vacancy in the office.\n\t(6)\tIf the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—\n\t(a)\tthe appointer otherwise directs; or\n\t(b)\tthe vacancy is filled; or\n\t(c)\tthe end of a year from the day of the vacancy;\nwhichever happens first.\n\t(7)\tThe appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.\n\t(8)\tWhile the appointee is acting in the office—\n\t(a)\tthe appointee has all the powers and functions of the holder of the office; and\n\t(b)\tthis Law and other laws apply to the appointee as if the appointee were the holder of the office.\n\t(9)\tAnything done by or in relation to a person purporting to act in the office is not invalid merely because—\n\t(a)\tthe occasion for the appointment had not arisen; or\n\t(b)\tthe appointment had ceased to have effect; or\n\t(c)\tthe occasion for the person to act had not arisen or had ceased.\n\t(10)\tIf this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.\n28—Powers of appointment imply certain incidental powers\n\t(1)\tIf this Law authorises or requires a person or body to appoint a person to an office—\n\t(a)\tthe power may be exercised from time to time as occasion requires; and\n\t(b)\tthe power includes—\n\t(i)\tpower to remove or suspend, at any time, a person appointed to the office; and\n\t(ii)\tpower to appoint another person to act in the office if a person appointed to the office is removed or suspended; and\n\t(iii)\tpower to reinstate or reappoint a person removed or suspended; and\n\t(iv)\tpower to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and\n\t(v)\tpower to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).\n\t(2)\tThe power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.\n\t(3)\tThe power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.\n\t(4)\tAn appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.\n29—Delegation of functions\n\t(1)\tIf this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—\n\t(a)\ta person or body by name; or\n\t(b)\ta specified officer, or the holder of a specified office, by reference to the title of the office concerned.\n\t(2)\tThe delegation may be—\n\t(a)\tgeneral or limited; and\n\t(b)\tmade from time to time; and\n\t(c)\trevoked, wholly or partly, by the delegator.\n\t(3)\tThe delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.\n\t(4)\tA delegated function may be exercised only in accordance with any conditions to which the delegation is subject.\n\t(5)\tThe delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.\n\t(6)\tA delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.\n\t(7)\tA delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.\n\t(8)\tIf, when exercised by the delegator, a function is dependent on the delegator's opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate's opinion, belief or state of mind.\n\t(9)\tIf—\n\t(a)\tthe delegator is a specified officer or the holder of a specified office; and\n\t(b)\tthe person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;\n\t(c)\tthe delegation continues in force; and\n\t(d)\tthe person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.\n\t(10)\tIf—\n\t(a)\tthe delegator is a body; and\n\t(b)\tthere is a change in the membership of the body;\n\t(c)\tthe delegation continues in force; and\n\t(d)\tthe body as constituted for the time being is taken to be the delegator for the purposes of this section.\n\t(11)\tIf a function is delegated to a specified officer or the holder of a specified office—\n\t(a)\tthe delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and\n\t(b)\tthe function may be exercised by the person for the time being occupying or acting in the office concerned.\n\t(12)\tA function that has been delegated may, despite the delegation, be exercised by the delegator.\n\t(13)\tThe delegation of a function does not relieve the delegator of the delegator's obligation to ensure that the function is properly exercised.\n\t(14)\tSubject to subsection (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.\n\t(15)\tIf this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.\n30—Exercise of powers between enactment and commencement\n\t(1)\tIf a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing;\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\nbefore the empowering provision commences.\n\t(2)\tIf a provision of a Queensland Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—\n\t(a)\tto make an appointment; or\n\t(b)\tto make a statutory instrument of a legislative or administrative character; or\n\t(c)\tto do another thing;\n\t(d)\tthe power may be exercised; and\n\t(e)\tanything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;\nbefore the empowering provision commences.\n\t(3)\tIf—\n\t(a)\tthis Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power); and\n\t(b)\ta provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power);\n\t(c)\tthe basic instrument‑making power and the additional instrument‑making power may be exercised by making a single instrument; and\n\t(d)\tany provision of the instrument that required an exercise of the additional instrument‑making power is to be treated as made under subclause (2).\n\t(4)\tIf an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—\n\t(a)\tenabling the exercise of a power mentioned in the subclause; or\n\t(b)\tbringing an appointment, instrument or other thing made or done under such a power into effect;\nthe instrument or provision takes effect—\n\t(c)\ton the making of the instrument; or\n\t(d)\ton such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.\n\t(5)\tIf—\n\t(a)\tan appointment is made under subclause (1) or (2); or\n\t(b)\tan instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4);\nthe appointment, instrument or provision takes effect—\n\t(c)\ton the commencement of the relevant empowering provision; or\n\t(d)\ton such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.\n\t(6)\tAnything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.\n\t(7)\tAfter the enactment of a provision mentioned in subclause (2) but before the provision's commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.\n\t(8)\tIn the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.\nPart 5—Distance, time and age\n31—Matters relating to distance, time and age\n\t(1)\tIn the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.\n\t(2)\tIf a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—\n\t(a)\tif the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and\n\t(b)\tin any other case—by including the day on which the purpose is to be fulfilled.\n\t(3)\tIf the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.\n\t(4)\tIf the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.\n\t(5)\tIf no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.\n\t(6)\tIf, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.\n\t(7)\tFor the purposes of this Law, a person attains an age in years at the beginning of the person's birthday for the age.\nPart 6—Effect of repeal, amendment or expiration\n32—Time of Law ceasing to have effect\nIf a provision of this Law is expressed—\n\t(a)\tto expire on a specified day; or\n\t(b)\tto remain or continue in force, or otherwise have effect, until a specified day;\nthis provision has effect until the last moment of the specified day.\n33—Repealed Law provisions not revived\nIf a provision of this Law is repealed or amended by a Queensland Act, or a provision of a Queensland Act, the provision is not revived merely because the Queensland Act or the provision of the Queensland Act—\n\t(a)\tis later repealed or amended; or\n\t(b)\tlater expires.\n34—Saving of operation of repealed Law provisions\n\t(1)\tThe repeal, amendment or expiry of a provision of this Law does not—\n\t(a)\trevive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or\n\t(b)\taffect the previous operation of the provision or anything suffered, done or begun under the provision; or\n\t(c)\taffect a right, privilege or liability acquired, accrued or incurred under the provision; or\n\t(d)\taffect a penalty incurred in relation to an offence arising under the provision; or\n\t(e)\taffect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.\n\t(2)\tAny such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.\n35—Continuance of repealed provisions\nIf a Queensland Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.\n36—Law and amending Acts to be read as one\nThis Law and all Queensland Acts amending this Law are to be read as one.\nPart 7—Instruments under Law\n37—Schedule applies to statutory instruments\n\t(1)\tThis Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.\n\t(2)\tThe fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.\nPart 8—Application to coastal sea\n38—Application\nThis Law has effect in and in relation to the coastal sea of this jurisdiction as if that coastal sea were part of this jurisdiction.\nLegislative history\nNotes\n\t•\tIn this version provisions that are uncommenced appear in italics.\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Health Practitioner Regulation National Law (South Australia) Act 2010 amended the following:\nActs Interpretation Act 1915\nBirths, Deaths and Marriages Registration Act 1996\nBoxing and Martial Arts Act 2000\nConsent to Medical Treatment and Palliative Care Act 1995\nControlled Substances Act 1984\nCoroners Act 2003\nCremation Act 2000\nCriminal Law Consolidation Act 1935\nHealth and Community Services Complaints Act 2004\nHealth Professionals (Special Events Exemption) Act 2000\nLandlord and Tenant Act 1936\nMental Health Act 2009\nRail Safety Act 2007\nRoad Traffic Act 1961\nSummary Offences Act 1953\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Health Practitioner Regulation National Law (South Australia) Act 2010 \n1.7.2010\n1.7.2010 (Gazette 1.7.2010 p3338)\n(189)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Act) Regulations 2010 (Gazette 12.8.2010 p4101)\n—\n12.8.2010: r 2\n Health Practitioner Regulation National Law (South Australia) (Miscellaneous) Amendment Act 2012\n13.9.2012\n1.10.2012 (Gazette 27.9.2012 p4523)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 25 (s 49)—17.6.2013 (Gazette 6.6.2013 p2498)\n Health Practitioner Regulation National Law (South Australia) (Restricted Birthing Practices) Amendment Act 2013\n21.11.2013\nPt 2 (s 4)—1.2.2014 (Gazette 23.1.2014 p344)\n Health Practitioner Regulation National Law (South Australia) (Protection of Title—Paramedics) Amendment Act 2013\n21.11.2013\n1.9.2014 (Gazette 14.8.2014 p4027)\n Health Practitioner Regulation National Law (South Australia) (Remote Area Attendance) Amendment Act 2017\n12.12.2017\n1.7.2019 (Gazette 16.5.2019 p1288)\n(344)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017 (Gazette 19.12.2017 p5158)\n—\n13.9.2017 except rr 4(4), 14, 18—16.1.2018: r 2\n(48)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2018 (Gazette 13.2.2018 p800)\n—\n1.3.2018: r 2\n(170)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 2) Regulations 2018 (Gazette 28.6.2018 p2622)\n—\n1.8.2018: r 2\n(229)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077)\n—\nPt 2 (rr 4 to 64) & Sch 1 (cl 1)—1.12.2018: r 2\n(168)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2019 (Gazette 27.6.2019 p2365)\n—\n1.7.2019: r 2\n Statutes Amendment (SACAT) Act 2019\n11.7.2019\nPt 16 (ss 105 to 112)—9.8.2019 (Gazette 9.8.2019 p2948)\n(20)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2020 (Gazette 27.2.2020 p454)\n—\n1.3.2020: r 2\n Health Practitioner Regulation National Law (South Australia) (Telepharmacy) Amendment Act 2021\n4.11.2021\n1.12.2021 (Gazette 25.11.2021 p4128)\n(108)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2022 (Gazette 1.12.2022 p6758)\n—\n21.10.2022: r 2\n(33)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2023 (Gazette 11.5.2023 p943)\n—\n15.5.2023: r 2\n(101)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 2) Regulations 2023 (Gazette 12.10.2023 p3461)\n—\n20.9.2023: r 2\n Veterinary Services Act 2023\n7.12.2023\nSch 1 (cl 27)—1.7.2026 (Gazette 20.11.2025 p4496)\n(58)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2024 (Gazette 27.6.2024 p1921)\n—\n1.7.2024: r 2\n(136)\nHealth Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2025 (Gazette 4.12.2025 p4719)\n—\n4.12.2025 except rr 4 to 9 & 11 insofar as it inserts ss 327 & 328—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nDistrict Court\ndeleted by 14/2019 s 105(1)\nTribunal\namended by 14/2019 s 105(2)\nPt 2\n\ns 6\namended by 14/2019 s 106\ns 6A\ninserted by 31/2012 s 4\n\nsubstituted by 14/2019 s 107\ns 6B\ninserted by 14/2019 s 107\nPt 3\nsubstituted by 14/2019 s 108\nPt 4\n\nPt 4 Div 1\n\ns 26\n\ns 26(1)\n\nfriendly society\ninserted by 31/2012 s 5(1)\npharmacist controlled company\ninserted by 31/2012 s 5(2)\npharmacist controlled trust\ninserted by 31/2012 s 5(2)\npharmacy services provider\nsubstituted by 31/2012 s 5(3)\nproprietary interest\ninserted by 31/2012 s 5(4)\ns 26(2)—(8)\nsubstituted by 31/2012 s 5(5)\ns 26(9)—(11)\ndeleted by 31/2012 s 5(5)\nPt 4 Div 2\n\ns 34\n\ns 34(1)\namended by 31/2012 s 6(1)\ns 34(4)\namended by 31/2012 s 6(2)\nPt 4 Div 3\n\ns 41\n\ns 41(1a)\ninserted by 31/2012 s 7\ns 43\n\ns 43(1a)—(1g)\ninserted by 41/2021 s 4(1)\ns 43(4)\n\nemergency\ninserted by 41/2021 s 4(2)\npharmacist\nsubstituted by 31/2012 s 8\ns 46\n\ns 46(6)\ninserted by 41/2021 s 5\ns 47\n\ns 47(2)\namended by 14/2019 s 109\ns 48\nsubstituted by 14/2019 s 110\nPt 4 Div 4\n\ns 49\n\ns 49(1)\namended by 31/2012 s 9(1)\ns 49(2)\namended by 31/2012 s 9(2)\ns 50\n\ns 50(1)\namended by 31/2012 s 10\nPt 4 Div 5\n\ns 51\n\ns 51(1) \namended by 31/2012 s 11(1), (2)\ns 51(1a) \ninserted by 31/2012 s 11(3)\ns 51(2) \namended by 31/2012 s 11(4), (5)\ns 51(4) \namended by 31/2012 s 11(6)\ns 51(5) \namended by 31/2012 s 11(7), (8)\ns 51(7) \nsubstituted by 31/2012 s 11(9)\ns 51(8) \n\nqualified person\namended by 31/2012 s 11(10)\nPt 4 Div 6\n\ns 53\n\ns 53(1) \namended by 31/2012 s 12(1)—(4)\ns 53(2) \namended by 31/2012 s 12(5), (6)\ns 54\n\ns 54(4) \namended by 31/2012 s 13(1), (2)\ns 55\n\ns 55(2) \namended by 31/2012 s 14\nss 62 & 63\nsubstituted by 14/2019 s 111\ns 63A\ninserted by 14/2019 s 111\nPt 4 Div 7\n\ns 68\n\ns 68(1) \nsubstituted by 31/2012 s 15\ns 68(1a) \ninserted by 31/2012 s 15\ns 69\namended by 31/2012 s 16\ns 71\namended by 31/2012 s 17\ns 72\nsubstituted by 16/2013 s 49\n17.6.2013\nPt 5A\ninserted by 56/2017 s 4\nPt 6\n\ns 79\n\ns 79(1)\namended by 344/2017 Sch 1 cl 1(1)\ns 79(2)\n\nACC\ninserted by 344/2017 Sch 1 cl 1(2)\ns 82\n\ns 82(2) \namended by 31/2012 s 18\nSch 1\n\nPts 1—16\nomitted under Legislation Revision and Publication Act 2002\nPt 17\n\ncl 28\namended by 31/2012 s 19(1)\nPt 18\n\ncl 29\n\nprescribed body\namended by 31/2012 s 19(2)\ncl 37\n\ncl 37(1)\namended by 31/2012 s 19(3)\ncl 37(2)\namended by 31/2012 s 19(4)\ncl 37(2a) and (2b)\ninserted by 31/2012 s 19(5)\ncl 37(3)\namended by 31/2012 s 19(6)\ncl 39\n\ncl 39(1)\namended by 31/2012 s 19(7), (8)\n\namended by 229/2018 Sch 1 cl 1(1)—(4)\nSch 2—National Law\ninserted by 189/2010 r 3\nPt 1\n\ns 3\n\namended by 108/2022 r 4(1)\ns 3(2)\namended by 108/2022 r 4(2)\ns 3(3)\ndeleted by 108/2022 r 4(3)\ns 3A\ninserted by 108/2022 r 5\ns 4\namended by 108/2022 r 6\ns 5\n\nACC\ninserted by 344/2017 r 4(1)\naccreditation committee\namended by 229/2018 r 4(1)\nAdvisory Council\ndeleted by 108/2022 r 7(1)\nAgency Board\ninserted by 108/2022 r 7(2)\nAgency Management Committee\ndeleted by 108/2022 r 7(3)\nCOAG Agreement\namended by 108/2022 r 7(4)\nCrimTrac\ndeleted by 344/2017 r 4(2)\ndisqualified person\ninserted by 136/2025 r 4(1)\nhealth profession\namended by 229/2018 r 4(2), (3)\ninterim prohibition order\ninserted by 58/2024 r 4(1)\nMinisterial Council\nsubstituted by 344/2017 r 4(3)\n\nsubstituted by 58/2024 r 4(2)\nNational Board\namended by 229/2018 r 4(4)\npractice arrangement\ninserted by 33/2023 r 4(1)\nprohibition order\ninserted by 344/2017 r 4(4)\n\namended by 101/2023 r 4\nregulatory body\ninserted by 33/2023 r 4(2)\nrelevant provision\ninserted by 33/2023 r 4(3)\nreinstatement order\ninserted by 136/2025 r 4(2)\nsuspension period\ninserted by 58/2024 r 4(3)\nunregistered person\ninserted by 33/2023 r 4(4)\ns 7\n\ns 7(1)—(3)\namended by 229/2018 r 5\nPt 2\n\ns 12\n\ns 12(4)\ninserted by 58/2024 r 5\ns 14\n\ns 14(1)\namended by 229/2018 r 6\ns 15\namended by 229/2018 r 7\ns 17\n\ns 17(1)\namended by 108/2022 r 8\nPt 3\ndeleted by 108/2022 r 9\nPt 4\n\nPt 4 Div 1\n\ns 25\namended by 108/2022 r 10(1), (2)\ns 26\n\ns 26(1)\namended by 229/2018 r 8\nPt 4 Div 2\n\nsubstituted by 108/2022 r 11\ns 29\n\namended by 108/2022 r 12(1)\ns 29(1)\namended by 108/2022 r 12(2)\ns 29(2)\namended by 108/2022 r 12(3)\ns 29(4)\namended by 108/2022 r 12(4)\ns 30\n\namended by 108/2022 r 13(1)\ns 30(1)\namended by 108/2022 r 13(2), (3)\ns 30(2)\namended by 108/2022 r 13(4)\nPt 5\n\ns 31\nsubstituted by 229/2018 r 9\ns 31A\ninserted by 229/2018 r 9\ns 33\n\ns 33(5)\namended by 229/2018 r 10(1)\ns 33(8)\namended by 108/2022 r 14\ns 33(9A)\ninserted by 229/2018 r 10(2)\ns 34\n\ns 34(2) and (3)\nsubstituted by 229/2018 r 11(1)\ns 34(4)\namended by 229/2018 r 11(2)\ns 35\n\ns 35(1)\namended by 108/2022 r 15\ns 38\n\ns 38(1)\namended by 229/2018 r 12(1), (2)\ns 39\namended by 170/2018 r 4 \ns 41\namended by 229/2018 r 13\nPt 6\n\ns 49\n\ns 49(1)\namended by 229/2018 r 14(1)\ns 49(5)\namended by 229/2018 r 14(2)\ns 51\n\ns 51(2)\namended by 229/2018 r 15\nPt 7\n\nPt 7 Div 1\n\ns 52\n\ns 52(2)\namended by 33/2023 r 5\ns 56\n\ns 56(2)\namended by 48/2018 r 4\n\namended by 58/2024 r 6\nPt 7 Div 2\n\ns 57\n\ns 57(2)\namended by 33/2023 r 6\ns 61\n\ns 61(2)\namended by 58/2024 r 7\nPt 7 Div 3\n\ns 62\n\ns 62(2)\namended by 33/2023 r 7\ns 64\n\ns 64(2)\namended by 58/2024 r 8\nPt 7 Div 4\n\ns 65\n\ns 65(1a) and (1b)\ninserted by 344/2017 r 5\ns 65(2)\namended by 33/2023 r 8\ns 71\nsubstituted by 344/2017 r 6\ns 72\n\ns 72(2)\namended by 58/2024 r 9\nPt 7 Div 5\n\ns 74\namended by 33/2023 r 9\ns 76\n\ns 76(2)\namended by 58/2024 r 10\nPt 7 Div 6\n\ns 77\n\ns 77(1)\namended by 229/2018 r 16\ns 77A\ninserted by 136/2025 s 5\ns 79\n\ns 79(2)\namended by 344/2017 r 7\ns 83\n\ns 83(1)\namended by 229/2018 r 17\ns 83A\ninserted by 33/2023 r 10\nPt 7 Div 6A\ninserted by 33/2023 r 11\nPt 7 Div 7\n\ns 88\n\ns 88(1)\namended by 229/2018 r 18\ns 92\n\ns 92(2)\namended by 229/2018 r 19\nPt 7 Div 8\n\nPt 7 Div 8 Subdiv 1\n\ns 94\n\n94(1)\namended by 229/2018 r 20\nPt 7 Div 8 Subdiv 2\n\ns 95\n\ns 95(1)\namended by 229/2018 r 21\nPt 7 Div 8 Subdiv 3 before deletion by 108/2022\n\ns 96\n\ns 96(1)\namended by 229/2018 r 22\nPt 7 Div 8 Subdiv 3\ndeleted by 108/2022 r 16\nPt 7 Div 8 Subdiv 4\n\ns 97\n\ns 97(1)\namended by 229/2018 r 23\nPt 7 Div 8 Subdiv 5\n\ns 98\n\ns 98(1)\namended by 229/2018 r 24\nPt 7 Div 8 Subdiv 6\n\ns 102\n\ns 102(3)\n\nrelevant section\namended by 108/2022 r 17\ns 103A\ninserted by 33/2023 r 12\nPt 7 Div 9\n\nPt 7 Div 9 Subdiv 1\n\ninserted by 58/2024 r 11\ns 107\n\ns 107(1)\namended by 229/2018 r 25\ns 109\n\ns 109(1)\namended by 33/2023 r 13(1)\ns 109(1A)\ninserted by 33/2023 r 13(2)\ns 112\n\ns 112(2)\namended by 33/2023 r 14(1)\ns 112(3)\namended by 33/2023 r 14(2)\nnote\namended by 33/2023 r 14(3)\ns 112(6)\namended by 58/2024 r 12\nPt 7 Div 9 Subdiv 2\ninserted by 58/2024 r 13\nPt 7 Div 10\n\ns 113\n\ns 113(1)\namended by 168/2019 r 4(1)\ns 113(2)\namended by 168/2019 r 4(2)\ns 113(3)\namended by 229/2018 r 26(1), (2)\ns 115\n\ns 115(1)\namended by 168/2019 r 5(1)\ns 115(2)\namended by 168/2019 r 5(2)\ns 115A\ninserted by 101/2023 r 5\ns 116\n\ns 116(1)\namended by 168/2019 r 6(1)\ns 116(2)\namended by 168/2019 r 6(2)\ns 117\n\ns 117(3)\namended by 168/2019 r 7\nnote\namended by 33/2023 r 15\ns 118\n\ns 118(1)\namended by 168/2019 r 8(1)\ns 118(2)\namended by 344/2017 r 8\n\namended by 168/2019 r 8(2)\nnote\namended by 33/2023 r 16\ns 119\n\ns 119(3)\namended by 168/2019 r 9\nnote\namended by 33/2023 r 17\ns 120A\ninserted by 68/2013 s 4\n1.9.2014\n\ndeleted by 229/2018 r 27\ns 121\n\ns 121(1)\namended by 168/2019 r 10\ns 122\n\ns 122(1)\namended by 168/2019 r 11\ns 123\n\ns 123(1)\namended by 168/2019 r 12\ns 123A\ninserted by 62/2013 s 4\n1.2.2014\ns 123A(1)\namended by 229/2018 r 28(1), (2)\ns 123A(2)\n\nmidwife\nsubstituted by 229/2018 r 28(3)\nrestricted birthing practice\namended by 229/2018 r 28(4)\nPt 7 Div 11\n\ns 124\n\ns 124(1)\namended by 229/2018 r 29(1), (2)\ns 124(3)\namended by 58/2024 r 14\ns 125\n\ns 125(1)\namended by 229/2018 r 30\ns 125(2)\namended by 344/2017 r 9\ns 125(6)\nsubstituted by 48/2018 r 5\ns 125(6A)\ninserted by 48/2018 r 5\ns 126\n\ns 126(1)\namended by 229/2018 r 31\n\nsubstituted by 33/2023 r 18(1)\ns 126(3)\namended by 344/2017 r 10\ns 126(6)\nsubstituted by 48/2018 r 6\n\namended by 33/2023 r 18(2)\ns 126(6A)\ninserted by 48/2018 r 6\ns 127\n\ns 127(1)\namended by 229/2018 r 32\n\nsubstituted by 33/2023 r 19\ns 127A\ninserted by 48/2018 r 7\ns 127A(3)\namended by 108/2022 r 18\ns 129\n\ns 129(2)\namended by 229/2018 r 33\ns 130\n\ns 130(1)\namended by 229/2018 r 34\ns 130(2A)\ninserted by 33/2023 r 20(1)\ns 130(3)\n\nrelevant event\nsubstituted by 33/2023 r 20(2)\nscheduled medicine offence\ninserted by 33/2023 r 20(2)\ns 131\n\ns 131(1)\namended by 229/2018 r 35\n\namended by 58/2024 r 15\nss 131A and 131B\ninserted by 58/2024 r 16(1)\ns 132\nsubstituted by 170/2018 r 5 \ns 132(4)\n\npractice information\nsubstituted by 33/2023 r 21\ns 133\n\ns 133(1)\namended by 108/2022 r 19\ns 135\n\ns 135(1)\namended by 344/2017 r 11\ns 136\n\ns 136(1)\namended by 108/2022 r 20\ns 137\n\ns 137(1)\namended by 229/2018 r 36\nPt 8\n\nPt 8 Div 1\n\nss 138 and 139\nsubstituted by 33/2023 r 22\nss 139A and 139B\ninserted by 33/2023 r 22\nPt 8 Div 2\n\ns 140\n\nnotifiable conduct\namended by 20/2020 r 4(1)—(5)\ns 141\n\ns 141(2A)\ninserted by 20/2020 r 5\nss 141A—141C\ninserted by 20/2020 r 6\ns 142\n\ns 142(1)\namended by 108/2022 r 21\ns 143\n\ns 143(3)\namended by 229/2018 r 37\nPt 8 Div 5\n\ns 148\n\ns 148(1)\namended by 229/2018 r 38\ns 149\n\ns 149(1)\namended by 229/2018 r 39(1)\ns 149(3)\namended by 229/2018 r 39(2)\nss 149A and 149B\ninserted by 33/2023 r 23\ns 150\n\ns 150(5)\namended by 229/2018 r 40(1)\ns 150(7)\namended by 229/2018 r 40(2)\ns 150A\ninserted by 33/2023 r 24\ns 151\n\ns 151(1)\namended by 344/2017 r 12(1)\n\namended by 229/2018 r 41\n\namended by 33/2023 r 25(1)\ns 151(1A)\ninserted by 33/2023 r 25(2)\nPt 8 Div 7\n\ns 155\n\nimmediate action\namended by 48/2018 r 8\ns 156\n\ns 156(1)\namended by 48/2018 r 9\n\namended by 229/2018 r 42\n\namended by 108/2022 r 22\ns 159A\ninserted by 170/2018 r 6 \nPt 8 Div 7A\ninserted by 58/2024 r 17\nPt 8 Div 7B\ninserted by 33/2023 r 26\nPt 8 Div 8\n\ns 160\n\ns 160(1)\namended by 229/2018 r 43\ns 161\n\ns 161(1)\namended by 108/2022 r 23\ns 167A\ninserted by 170/2018 r 7 \nPt 8 Div 9\n\ns 171\n\ns 171(2)\namended by 229/2018 r 44\ns 174(2)\namended by 58/2024 r 18\ns 177A\ninserted by 170/2018 r 8 \nPt 8 Div 10\n\ns 178\n\ns 178(1)\namended by 229/2018 r 45\n\namended by 33/2023 r 27(1), (2)\ns 179\n\ns 179(2)\namended by 33/2023 r 28(1)\ns 179(3)\ndeleted by 33/2023 r 28(2)\ns 180\nsubstituted by 170/2018 r 9 \ns 180(1)\namended by 33/2023 r 29\nPt 8 Div 11\n\ns 181\n\ns 181(1A)\ninserted by 48/2018 r 10\ns 181(2)\nsubstituted by 229/2018 r 46(1)\ns 181(4) and (5)\nsubstituted by 229/2018 r 46(2)\ns 182\n\ns 182(4)\nsubstituted by 229/2018 r 47\ns 184\n\ns 184(3)—(6)\ninserted by 48/2018 r 11\ns 190\nsubstituted by 33/2023 r 30\ns 191\n\ns 191(4A)\ninserted by 48/2018 r 12\nss 191A and 191B\ninserted by 48/2018 r 13\ns 192\n\ns 192(1)\namended by 48/2018 r 14\ns 192(4)\nsubstituted by 170/2018 r 10 \nPt 8 Div 12\n\ns 193\n\ns 193(1)\namended by 33/2023 r 31(1), (2)\ns 193(3)\ninserted by 33/2023 r 31(3)\ns 193A\ninserted by 33/2023 r 32\ns 196\n\ns 196(1)\nsubstituted by 229/2018 r 48\ns 196(4)\namended by 344/2017 r 13\n\namended by 108/2022 r 24(1), (2)\n\namended by 33/2023 r 33\n\nsubstituted by 101/2023 r 6\n\namended by 136/2025 s 6(1), (2)\ns 196A\ninserted by 344/2017 r 14\ns 196A(1)\namended by 168/2019 r 13\ns 197\n\ns 197(2)\namended by 136/2025 s 7\nPt 8 Div 12A\ninserted by 136/2025 s 8\nPt 8 Div 13\n\ns 199\n\ns 199(1)\namended by 48/2018 r 15\n\namended by 33/2023 r 34(1), (2)\n\namended by 58/2024 r 19\ns 200\namended by 33/2023 r 35\nPt 8 Div 14\n\ns 206\n\ns 206(1)\namended by 170/2018 r 11(1) \ns 206(2)\nsubstituted by 170/2018 r 11(2) \n\nsubstituted by 33/2023 r 36\ns 206(3) and (4)\ninserted by 33/2023 r 36\nPt 10\n\nPt 10 Div 1A\n\ns 212A\ninserted by 229/2018 r 49\nPt 10 Div 1\n\ns 213\n\ns 213(2)\nsubstituted by 229/2018 r 50(1)\ns 213(3)\namended by 229/2018 r 50(2)\nPt 10 Div 2\n\ns 215\n\ns 215(2)\nsubstituted by 229/2018 r 51(1)\ns 215(3)\namended by 229/2018 r 51(2)\ns 217\n\ns 217(2)\namended by 229/2018 r 52\ns 219\n\ns 219(1)\namended by 108/2022 r 25\nPt 10 Div 2\n\nss 220A and 220B\ninserted by 33/2023 r 37\nPt 10 Div 3\n\ns 222\nsubstituted by 229/2018 r 53\ns 222(4)\namended by 58/2024 r 20\ns 223\namended by 229/2018 r 54(1), (2)\n\namended by 58/2024 r 21\ns 225\nheading amended by 58/2024 r 22(1)\n\namended by 58/2024 r 22(2)\nss 225A and 225B\ninserted by 136/2025 s 9\ns 226\n\ns 226(1)\namended by 229/2018 r 55(1)\ns 226(2)\namended by 229/2018 r 55(2)\n\namended by 58/2024 r 23(1)\ns 226(2A)\ninserted by 58/2024 r 23(2)\ns 226(3)\namended by 229/2018 r 55(3)\ns 226(4)\ninserted by 58/2024 r 23(3)\ns 227\nsubstituted by 229/2018 r 56\nPt 10 Div 5\n\ns 232\n\ns 232(1)\namended by 229/2018 r 57\nPt 10 Div 6\n\ns 233\n\ns 233(1)\namended by 229/2018 r 58\nPt 11\n\nPt 11 Div 1\n\ns 235\n\ns 235(2)\namended by 229/2018 r 59\ns 236\n\ns 236(3)\n\nprotected person\n(a) deleted by 108/2022 r 26(1)\n\namended by 108/2022 r 26(2)\nss 237A and 237B\ninserted by 136/2025 s 10\n4.12.2025\nPt 11 Div 3\n\ns 241A\ninserted by 168/2019 r 14\ns 241A(1)\namended by 58/2024 r 24(1)\ns 241A(2)\namended by 58/2024 r 24(2)\ns 242\namended by 168/2019 r 15\nPt 11 Div 4\n\ns 246\n\ns 246(1)\nsubstituted by 344/2017 r 16\ns 246(1a)—(1d)\ninserted by 344/2017 r 16\nPt 12\n\nPt 12 Div 11\n\ns 284\n\ns 284(5)\n\nNational Board\nsubstituted by 229/2018 r 60(1)\nprivate midwifery\namended by 229/2018 r 60(2)\nPt 12 Div 16\ndeleted by 108/2022 r 27\nPt 13\n\nPt 13 Div 1\ninserted by 344/2017 r 17\nPt 13 Div 2\ninserted by 344/2017 r 18\nss 318 and 319\ninserted by 48/2018 r 16\ns 320\ninserted by 229/2018 r 61\nss 322 and 323\ninserted by 229/2018 r 62\nPt 14\ninserted by 108/2022 r 28\nPt 15\ninserted by 101/2023 r 7\nPt 16\ninserted by 136/2025 s 11\n4.12.2025 except ss 327 and 328—uncommenced\nSch 1\ndeleted by 108/2022 r 29\nSch 2\n\nsubstituted by 108/2022 r 30\ncl 1\n\nChairperson\namended by 108/2022 r 31(1)\nCommittee\ndeleted by 108/2022 r 31(2)\nmember\namended by 108/2022 r 31(3)\ncl 4\n\ncl 4(1)\namended by 108/2022 r 31(4)\ncl 4(2)\namended by 229/2018 r 63\n\namended by 108/2022 r 31(5)\ncl 4(3)\namended by 108/2022 r 31(6)\ncl 5\n\ncl 5(1)\namended by 108/2022 r 31(7)\ncl 5(2)\namended by 108/2022 r 31(8)\nnote\namended by 108/2022 r 31(9)\ncl 7\n\ncl 7(1) \namended by 108/2022 r 31(10)\ncl 7(2)\namended by 108/2022 r 31(11)\ncl 8\n\ncl 8(1)\namended by 108/2022 r 31(12)\ncl 8(2)\namended by 108/2022 r 31(13)\ncl 8(3)\namended by 108/2022 r 31(14)\ncl 8(4)\namended by 108/2022 r 31(15)\ncl 8(5)\namended by 108/2022 r 31(16)\ncl 9\namended by 108/2022 r 31(17)\ncl 10\namended by 108/2022 r 31(18)\ncl 11\namended by 108/2022 r 31(19)\ncl 12\n\ncl 12(1)\namended by 108/2022 r 31(20)\ncl 13\namended by 108/2022 r 31(21)\ncl 14\n\ncl 14(1)\namended by 108/2022 r 31(22)\ncl 14(2)\namended by 108/2022 r 31(23)\ncl 14(3)\namended by 108/2022 r 31(24)\ncl 15\namended by 108/2022 r 31(25)\ncl 16\namended by 108/2022 r 31(26)\nSch 3\n\ncl 1\n\ncl 1(1)\namended by 108/2022 r 32(1)\ncl 2\n\ncl 2(1)\namended by 108/2022 r 32(2)\ncl 2(2)\namended by 108/2022 r 32(3)\ncl 3\n\namended by 108/2022 r 32(4)\ncl 4\n\ncl 4(1)\namended by 108/2022 r 32(5)\ncl 4(2)\namended by 108/2022 r 32(6)\nSch 4\n\ncl 2\n\ncl 2(1)\ncl 2 redesignated as cl 2(1) by 229/2018 r 64(1)\ncl 2(2)\ninserted by 229/2018 r 64(1)\ncl 4\n\ncl 4(2)\namended by 229/2018 r 64(2)\ncl 10\namended by 229/2018 r 64(3)\ncl 11\namended by 229/2018 r 64(4)\nSch 5\n\ncl 3\n\namended by 58/2024 r 25\nSch 6\n\ncl 3\n\namended by 58/2024 r 26\ncl 16\n\ncl 16(1)\nsubstituted by 168/2019 r 16(1)\ncl 16(3)\ninserted by 168/2019 r 16(2)\ncl 17\n\ncl 17(1)\namended by 168/2019 r 16(3)\ncl 17(2)\namended by 168/2019 r 16(4)\nSch 7\n\ncl 38\namended by 108/2022 r 33\nTransitional etc provisions associated with Act or amendments\nHealth Practitioner Regulation National Law (South Australia) (Miscellaneous) Amendment Act 2012, Sch 1—Transitional provision\n1—Interpretation\nprincipal Act means the Health Practitioner Regulation National Law (South Australia) Act 2010.\n2—Transitional provision\nThe amendments effected to Part 4 of the principal Act by this Act do not affect a person's interest in a pharmacy business as it exists immediately before the commencement of this Schedule and the person may continue to hold any such interest until he or she disposes of the interest.\nStatutes Amendment (SACAT) Act 2019, Pt 16\n112—Transitional provisions\n\t(1)\tA right of appeal to the District Court under the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tNothing in subsection (1) affects any proceedings before the District Court commenced before the relevant day.\n\t(3)\tA right of appeal to the South Australian Health Practitioners Tribunal under section 199 of the Health Practitioner Regulation National Law (South Australia) in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the South Australian Health Practitioners Tribunal.\n\t(4)\tAny proceedings before the South Australian Health Practitioners Tribunal under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal.\n\t(5)\tThe Tribunal may—\n\t(a)\treceive in evidence any transcript of evidence in proceedings before the South Australian Health Practitioners Tribunal, and draw any conclusions of fact from that evidence that appear proper; and\n\t(b)\tadopt any findings or determinations of the South Australian Health Practitioners Tribunal that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the South Australian Health Practitioners Tribunal before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\n\t(6)\tThe South Australian Health Practitioners Tribunal is dissolved by force of this subsection.\n\t(7)\tSubject to subsection (8), a member of the South Australian Health Practitioners Tribunal holding office when subsection (6) comes into operation will cease to hold office at that time and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (but any such termination will not affect any right of action that a person may have against a Minister or the State on account of that termination).\n\t(8)\tA person who, immediately before the relevant day, held an appointment under section 10 of the principal Act (as in force immediately before the relevant day) will be taken to have been appointed as an assessor under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 and will hold office as an assessor for the remainder of the term specified in the panel member's instrument of appointment under section 10.\n\t(9)\tIn this section—\nprincipal Act means the Health Practitioner Regulation National Law (South Australia) Act 2010;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\nHistorical versions\n\n17.6.2013\n\n1.2.2014\n\n1.9.2014\n\n13.9.2017 (electronic only)\n\n","sortOrder":50}],"analysis":{"summary":{"name":"Health Practitioner Regulation National Law (South Australia) Act 2010","slug":"health-practitioner-regulation-national-law-south-australia-act-2010","title_id":"health-practitioner-regulation-national-law-south-australia-act-2010","version_id":78304,"analysis_type":"summary","content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"Whole Act. South Australian application Act for the Health Practitioner Regulation National Law, with SA-specific provisions for pharmacy, optometry, and remote area health. Schedule 2 is the full National Law."},"complexity_factors":["695K chars; Schedule 2 is the National Law itself","National cooperative scheme with all participating jurisdictions","SA-specific Parts 3, 4, 5, and 5A overlay the national scheme","Multiple registration categories and disciplinary pathways","Incorporates pharmacy and optometry regulation separately"],"plain_english_summary":"The Health Practitioner Regulation National Law (South Australia) Act 2010 applies the Health Practitioner Regulation National Law to South Australia as part of a cooperative national scheme for the registration, accreditation, and disciplinary regulation of health practitioners across Australia and New Zealand. The National Law itself is set out in Schedule 2 to the Act and is the substantive regulatory instrument.\n\nThe national scheme commenced on 1 July 2010. It replaced the individual State and Territory health practitioner registration boards (for doctors, nurses, dentists, pharmacists, physiotherapists, and numerous other professions) with national Boards operating under the Australian Health Practitioner Regulation Agency (AHPRA). AHPRA administers the scheme; national Boards set registration standards, codes, and guidelines; and practitioners are registered nationally rather than in each jurisdiction separately.\n\nThe Act also contains South Australia-specific provisions: Part 3 addresses tribunal proceedings and powers in SA for health practitioner disciplinary matters (SA's tribunal is the South Australian Employment Tribunal). Part 4 is a substantial standalone part regulating pharmacy premises and pharmacy services providers, including the SA Pharmacy Regulation Authority, registration of pharmacies and depots, restrictions on pharmacy ownership and conduct, and disciplinary proceedings. Part 5 addresses optical appliance dispensing. Part 5A contains provisions unique to SA about requirements for second responders when health practitioners attend alone in remote areas.\n\nThe National Law in Schedule 2 covers: objectives of the national scheme; the Ministerial Council's policy role; AHPRA's structure and functions; national Boards; accreditation; registration (including general, specialist, provisional, limited, non-practising, and student registration); health, performance and conduct (disciplinary provisions); privacy and information sharing; and financial arrangements."},"kimi_summary":{"_metrics":{"completionTokens":908},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2010 scope. The original Act primarily adopted the national health practitioner regulation scheme and established pharmacy-specific rules. Major additions include: Part 5A (2022) introducing comprehensive safety requirements for remote area health practitioners with second responder mandates; expanded paramedicine provisions (2017); surgeon title protections (2023); and ongoing amendments to the National Law via regulation that South Australia must adopt. The pharmacy ownership and location restrictions (sections 41-44) also represent South Australia-specific additions not present in the base National Law."},"complexity_factors":["Extensive cross-referencing between the South Australian Act and the adopted National Law (Schedule 2 contains 250+ sections)","Multiple overlapping regulatory bodies: National Agency, National Boards, State/Territory Boards, Pharmacy Regulation Authority SA, and Tribunal","Nested conditional logic throughout — e.g., registration eligibility with multiple alternative pathways and exceptions","47+ defined terms in interpretation sections with interdependent definitions","Complex transitional provisions dealing with legacy registrations, staff transfers, and ongoing disciplinary proceedings","Multiple registration types (general, specialist, provisional, limited, non-practising) each with distinct rules","Pharmacy ownership restrictions with layered exceptions for friendly societies, historical operators, and corporate structures","Remote area safety provisions with conditional application based on geography, time, and callout type","Disciplinary proceedings with multiple stages: notification → preliminary assessment → investigation → panel → tribunal → appeal","Schedule 7 contains 38 sections of general interpretation provisions applying across the entire scheme"],"plain_english_summary":"**What this legislation does**\n\nThis is South Australia's version of a national scheme that regulates health practitioners across Australia. It brings together multiple health professions under one unified system.\n\n**Key parts of the Act:**\n\n**1. National scheme adoption (Part 2)**\n- Adopts the *Health Practitioner Regulation National Law* as South Australian law\n- This creates a single national registration system for health practitioners, replacing separate state-based systems\n- The South Australian Civil and Administrative Tribunal handles appeals and disciplinary matters\n\n**2. Tribunal powers (Part 3)**\n- Sets up how the Tribunal hears cases about health practitioners\n- Allows the Tribunal to suspend practitioners or impose conditions while cases are being heard\n- Includes special rules for medical examinations and enforcing Tribunal orders\n\n**3. Pharmacy-specific rules (Part 4)**\n- Creates the **Pharmacy Regulation Authority SA** to oversee pharmacy businesses\n- Requires registration of pharmacies and pharmacy depots (places where prescriptions are prepared)\n- Restricts who can own pharmacies — generally only pharmacists, their relatives, or specially recognised corporate/trust structures\n- Limits how many pharmacies one person or company can own (6 for most people, 40 for Friendly Society Medical Association Limited)\n- Requires a pharmacist to be present when pharmacies are open (with some exceptions for remote areas)\n- Sets up disciplinary processes for pharmacy services providers\n\n**4. Optometry rules (Part 5)**\n- Restricts who can dispense glasses and contact lenses\n- Requires prescriptions from optometrists, orthoptists, or medical practitioners\n- Sets expiry periods for prescriptions (18 months for contacts, 3 years for glasses)\n- Requires free copies of prescriptions when requested\n\n**5. Remote area safety (Part 5A)**\n- Requires health practitioners doing after-hours or unscheduled callouts in remote areas to be accompanied by a \"second responder\"\n- Makes health service providers create safety policies for remote workers\n- Protects practitioners from liability if they refuse unsafe solo attendances\n\n**6. Transitional arrangements (Schedule 1)**\n- Repeals old profession-specific Acts (Medical Practice Act, Pharmacy Practice Act, etc.)\n- Transfers staff, assets, and ongoing cases to the new national system\n\n**Who it affects:** Anyone working as a health practitioner in South Australia, pharmacy owners and operators, optometrists, and health services operating in remote areas.\n\n**Why it matters:** It creates consistent national standards for health practitioner registration, makes it easier for practitioners to work across state borders, and adds specific protections for health workers in dangerous remote situations."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act was intended to merely adopt the national Health Practitioner Regulation National Law for South Australia. However, subsequent additions have significantly expanded its scope. Part 4 added comprehensive pharmacy regulation (registration of premises, ownership restrictions, supervision requirements), Part 5 added optometry practice restrictions, and Part 5A added safety requirements for single-person attendances in remote areas. These go well beyond the national scheme's original scope of practitioner registration, creating a broader state-based regulatory framework for pharmacy business, optical dispensing, and remote health service delivery."},"complexity_factors":["Extremely long and detailed legislation (over 500 pages including schedules).","Hundreds of defined terms across multiple parts and schedules.","Heavy cross-referencing between the South Australian Act and the National Law schedule.","Multiple layers of exceptions and conditions (e.g., pharmacist supervision exceptions, remote area exemptions).","Complex transitional provisions for multiple amendment acts (Parts 12-16).","Nested disciplinary and appeal processes across panels, tribunals, and courts.","Detailed fee and registration renewal mechanisms with late fees and conditional extensions.","Separate regulatory bodies (Pharmacy Regulation Authority, National Boards) with overlapping jurisdictions."],"plain_english_summary":"This South Australian law adopts the national Health Practitioner Regulation National Law as a state law. It creates a single national registration and accreditation system for health practitioners (such as doctors, nurses, pharmacists, and others) to ensure they are properly trained and qualified. The law also adds local rules specific to South Australia, including:\n\n- **Pharmacy regulation**: Establishes the Pharmacy Regulation Authority SA to register pharmacies, pharmacy depots, and pharmacy services providers. It restricts who can own or operate a pharmacy (e.g., only pharmacists or certain companies) and how many pharmacies a single entity can run. Pharmacists must supervise pharmacies, and certain businesses (like alcohol or tobacco sales) are banned on pharmacy premises.\n- **Optometry rules**: Limits who can sell optical appliances (glasses, contact lenses) to those with a valid prescription, and requires prescriptions to be given free on request.\n- **Safety in remote areas**: Requires health practitioners attending callouts in remote areas to be accompanied by a second responder (for safety), and mandates that health service providers have safety policies.\n- **Enforcement and discipline**: Sets up a tribunal (SACAT) to hear appeals and disciplinary matters. Includes powers to suspend practitioners, impose conditions, and issue fines.\n\nIn short, the law standardises health practitioner registration across Australia while adding extra state-level controls on pharmacies, optometry, and remote health services to protect public safety."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/health-practitioner-regulation-national-law-south-australia-act-2010","history":"/api/acts/health-practitioner-regulation-national-law-south-australia-act-2010/history","analysis":"/api/acts/health-practitioner-regulation-national-law-south-australia-act-2010/analysis","conflicts":"/api/acts/health-practitioner-regulation-national-law-south-australia-act-2010/conflicts","importantCases":"/api/acts/health-practitioner-regulation-national-law-south-australia-act-2010/important-cases","documents":"/api/acts/health-practitioner-regulation-national-law-south-australia-act-2010/documents"}}