{"id":"tas:act-2010-002","name":"Health Practitioner Regulation National Law (Tasmania) Act 2010","slug":"health-practitioner-regulation-national-law-tasmania-act-2010","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"2 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176879,"registerId":"tas-tas:act-2010-002-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Health Practitioner Regulation National Law (Tasmania) Act 2010](/view/html/inforce/2026-04-12/act-2010-002) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  Except as provided in this section, this Act commences on a day or days to be proclaimed.\n> \n> > (2)  [Sections 9](#GS9@EN) and [11](#GS11@EN) commence on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act –\n> > \n> > > ***Health Practitioner Regulation National Law (Tasmania)*** means the provisions applying in this jurisdiction because of [section 4](#GS4@EN) .\n> \n> > (2)  Terms 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.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Adoption of Health Practitioner Regulation National Law","content":"# Part 2 Adoption of Health Practitioner Regulation National Law","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Adoption of Health Practitioner Regulation National Law","content":"### 4 Adoption of Health Practitioner Regulation National Law\n\n> The Health Practitioner Regulation National Law, as in force from time to time, set out in the Schedule to the *Health Practitioner Regulation National Law Act 2009* of Queensland –\n> \n> > > (a) applies as a law of this jurisdiction; and\n> > \n> > > (b) as so applying may be referred to as the Health Practitioner Regulation National Law (Tasmania); and\n> > \n> > > (c) so applies as if it were part of this Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction","content":"### 5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction\n\n> In the Health Practitioner Regulation National Law (Tasmania) –\n> \n> > ***court of summary jurisdiction*** means the Magistrates Court or another court exercising summary jurisdiction;\n> \n> > ***magistrate*** has the same meaning as in the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ;\n> \n> > ***magistrates court*** has the same meaning as in the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) ;\n> \n> > ***this jurisdiction*** means Tasmania.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Responsible tribunal for Health Practitioner Regulation National Law","content":"### 6 Responsible tribunal for Health Practitioner Regulation National Law\n\n> [*\\[Section 6 Amended by No. 18 of 2021, s. 178, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS178@EN) [*\\[Section 6 Substituted by No. 12 of 2010, Sched. 3, Applied:15 Aug 2010\\]*](/view/html/inforce/2010-08-15/act-2010-012#JS3@Ja1@GC1@EN) The Tasmanian Civil and Administrative Tribunal is a responsible tribunal for the purposes of the Health Practitioner Regulation National Law.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Exclusion of legislation of this jurisdiction","content":"### 7 Exclusion of legislation of this jurisdiction\n\n> [*\\[Section 7 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja47@GC1@Hpa@EN) The following Acts, or provisions of Acts, of this jurisdiction do not apply to the Health Practitioner Regulation National Law (Tasmania) or to instruments made under that Law:\n> \n> > > (a) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) ;\n> > \n> > > (b) [Audit Act 2008](/view/html/inforce/2026-04-12/act-2008-049) ;\n> > \n> > > (c) [*\\[Section 7 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja47@GC1@Hpb@EN) [sections 13](/view/html/inforce/2026-04-12/act-2016-042#GS13@EN) , [14](/view/html/inforce/2026-04-12/act-2016-042#GS14@EN) , [15](/view/html/inforce/2026-04-12/act-2016-042#GS15@EN) , [16](/view/html/inforce/2026-04-12/act-2016-042#GS16@EN) , [50](/view/html/inforce/2026-04-12/act-2016-042#GS50@EN) , [51](/view/html/inforce/2026-04-12/act-2016-042#GS51@EN) , [56](/view/html/inforce/2026-04-12/act-2016-042#GS56@EN) , [57](/view/html/inforce/2026-04-12/act-2016-042#GS57@EN) , [58](/view/html/inforce/2026-04-12/act-2016-042#GS58@EN) and [59](/view/html/inforce/2026-04-12/act-2016-042#GS59@EN) and [Parts 4](/view/html/inforce/2026-04-12/act-2016-042#HP4@EN) and [5 of the](/view/html/inforce/2026-04-12/act-2016-042#HP5@EN) [Financial Management Act 2016](/view/html/inforce/2026-04-12/act-2016-042) ;\n> > \n> > > (d) [Freedom of Information Act 1991](/view/html/inforce/2026-04-12/act-1991-022) ;\n> > \n> > > (e) [Ombudsman Act 1978](/view/html/inforce/2026-04-12/act-1978-082) ;\n> > \n> > > (f) [Penalty Units and Other Penalties Act 1987](/view/html/inforce/2026-04-12/act-1987-013) ;\n> > \n> > > (g) [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) ;\n> > \n> > > (h) [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) ;\n> > \n> > > (i) [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) ;\n> > \n> > > (j) [Subordinate Legislation Act 1992](/view/html/inforce/2026-04-12/act-1992-030) .","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"### 8 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of a provision of this Act.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Provisions Specific to This Jurisdiction","content":"# Part 3 Provisions Specific to This Jurisdiction","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Interpretation","content":"### 9 Interpretation\n\n> In this Part –\n> \n> > ***former health practitioner registration Act*** means any of the following Acts:\n> > \n> > > > (a) [Chiropractors and Osteopaths Registration Act 1997](/view/html/inforce/2026-04-12/act-1997-048) ;\n> > > \n> > > > (b) [Dental Practitioners Registration Act 2001](/view/html/inforce/2026-04-12/act-2001-020) ;\n> > > \n> > > > (c) [Dental Prosthetists Registration Act 1996](/view/html/inforce/2026-04-12/act-1996-056) ;\n> > > \n> > > > (d) [Medical Practitioners Registration Act 1996](/view/html/inforce/2026-04-12/act-1996-002) ;\n> > > \n> > > > (da) [*\\[Section 9 Amended by No. 33 of 2011, s. 4, Applied:25 Oct 2011\\]*](/view/html/inforce/2011-10-25/act-2011-033#GS4@EN) [Medical Radiation Science Professionals Registration Act 2000](/view/html/inforce/2026-04-12/act-2000-065) ;\n> > > \n> > > > (e) [Nursing Act 1995](/view/html/inforce/2026-04-12/act-1995-100) ;\n> > > \n> > > > (f) [Optometrists Registration Act 1994](/view/html/inforce/2026-04-12/act-1994-087) ;\n> > > \n> > > > (g) [Pharmacists Registration Act 2001](/view/html/inforce/2026-04-12/act-2001-090) ;\n> > > \n> > > > (h) [Physiotherapists Registration Act 1999](/view/html/inforce/2026-04-12/act-1999-106) ;\n> > > \n> > > > (i) [Podiatrists Registration Act 1995](/view/html/inforce/2026-04-12/act-1995-081) ;\n> > > \n> > > > (j) [Psychologists Registration Act 2000](/view/html/inforce/2026-04-12/act-2000-009) ;\n> \n> > ***participation day***, for this jurisdiction, has the same meaning as in Part 12 of the Health Practitioner Regulation National Law (Tasmania).","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Transfer of certain property exempt from duty","content":"### 10 Transfer of certain property exempt from duty\n\n> The transfer of any \"dutiable property\", within the meaning of the [Duties Act 2001](/view/html/inforce/2026-04-12/act-2001-015) , from a local registration authority to the National Agency in accordance with the Health Practitioner Regulation National Law (Tasmania) is exempt from duty under the [Duties Act 2001](/view/html/inforce/2026-04-12/act-2001-015) .","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Minister's directions","content":"### 11 Minister's directions\n\n> > (1)  The Minister may, by written notice given to a local registration authority established under a former health practitioner registration Act, direct that authority –\n> > \n> > > > (a) to transfer any of the local registration authority's funds to the National Agency before the participation day for this jurisdiction; and\n> > > \n> > > > (b) to give information to the National Agency before the participation day for this jurisdiction; and\n> > > \n> > > > (c) to sign any documents that are required to enable transition to the proposed national registration and accreditation scheme; and\n> > > \n> > > > (d) to take any action or do any other thing required to enable transition to the national registration and accreditation scheme.\n> \n> > (2)  A local registration authority is to comply with any direction given by the Minister under [subsection (1)](#GS11@Gs1@EN) .","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Police commissioner may give criminal history information","content":"### 12 Police commissioner may give criminal history information\n\n> > (1)  The police commissioner may give criminal history information to –\n> > \n> > > > (a) a National Board; or\n> > > \n> > > > (b) [*\\[Section 12 Subsection (1) amended by No. 28 of 2018, s. 11, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-028#GS11@Hpb@EN) [*\\[Section 12 Subsection (1) amended by No. 28 of 2018, s. 11, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-028#GS11@Hpa@EN) the Australian Crime Commission, or a police force or police service of the Commonwealth or another State, for the purpose of the Australian Crime Commission or the police force or police service giving the criminal history information to a National Board.\n> \n> > (2)  In this section –\n> > \n> > > [*\\[Section 12 Subsection (2) amended by No. 28 of 2018, s. 11, Applied:10 Dec 2018\\]*](/view/html/inforce/2018-12-10/act-2018-028#GS11@Hpc@EN) ***Australian Crime Commission*** means the Australian Crime Commission established by [section 7 of the](/view/html/inforce/2026-04-12/act-9999-999#) [Australian Crime Commission Act 2002](/view/html/inforce/2026-04-12/act-1984-041) of the Commonwealth;\n> > \n> > > ***criminal history information*** means information about a person's criminal history that may be included in a written report under the Health Practitioner Regulation National Law (Tasmania).","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Health and performance assessments","content":"### 13 Health and performance assessments\n\n> Nothing in Division 9 of Part 8 of the Health Practitioner Regulation National Law (Tasmania) is intended to restrict a registered health practitioner who is required under that Division to undergo a health or performance assessment from being accompanied during that assessment by another person.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Amendments to National Law","content":"### 14 Amendments to National Law\n\n> > (1)  The Minister is to cause any amendment to the Health Practitioner Regulation National Law (Tasmania) to be tabled in each House of Parliament within 10 sitting-days from the date on which the amendment receives the Royal Assent in Queensland.\n> \n> > (2)  Nothing in this section affects the operation of that amendment.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Procedure with respect to national law regulations","content":"### 15 Procedure with respect to national law regulations\n\n> > (1)  For the purposes of section 246 of the Health Practitioner Regulation National Law (Tasmania) –\n> > \n> > > > (a) any regulations made under the Health Practitioner Regulation National Law (Tasmania) are to be notified in the *Gazette* within 21 days after the day on which the regulations are published by the Victorian Government Printer pursuant to that law; and\n> > > \n> > > > (b) the regulations are to be laid before each House of Parliament within the first 10 sitting-days of the House after the regulations are so published; and\n> > > \n> > > > (c) the regulations are to take effect on or from a day that is specified for the purpose in the regulations.\n> \n> > (2)  If either House of Parliament passes a resolution, of which notice has been given within the first 15 sitting-days of the House after any regulation under [subsection (1)](#GS15@Gs1@EN) is laid before it, that the regulation be disallowed –\n> > \n> > > > (a) the provisions of section 246(2) of the Health Practitioner Regulation National Law (Tasmania) apply; and\n> > > \n> > > > (b) the Minister is to notify the Ministerial Council of the resolution.","sortOrder":17},{"sectionNumber":"Part 4","sectionType":"part","heading":"Savings and Transitional Provisions","content":"# Part 4 Savings and Transitional Provisions","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Interpretation","content":"### 16 Interpretation\n\n> In this Part –\n> \n> > ***former health practitioner registration Act*** has the same meaning as in [Part 3](#HP3@EN) ;\n> \n> > ***local registration authority*** has the same meaning as in Part 12 of the Health Practitioner Regulation National Law (Tasmania);\n> \n> > ***participation day***, for this jurisdiction, has the same meaning as in [Part 3](#HP3@EN) .","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Declarations of areas of need","content":"### 17 Declarations of areas of need\n\n> A declaration of an area of need made under [section 21 of the](/view/html/inforce/2026-04-12/act-1996-002#GS21@EN) [Medical Practitioners Registration Act 1996](/view/html/inforce/2026-04-12/act-1996-002) , and in force immediately before the participation day for this jurisdiction, continues in force on and after that day as if it were made under the Health Practitioner Regulation National Law (Tasmania).","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Complaints being dealt with on participation day","content":"### 18 Complaints being dealt with on participation day\n\n> > (1)  In this section –\n> > \n> > > ***former health practitioner Tribunal*** means any of the following:\n> > > \n> > > > > (a) a disciplinary tribunal within the meaning of the [Pharmacists Registration Act 2001](/view/html/inforce/2026-04-12/act-2001-090) or the [Dental Practitioners Registration Act 2001](/view/html/inforce/2026-04-12/act-2001-020) ;\n> > > > \n> > > > > (b) the Professional Review Tribunal established under the [Nursing Act 1995](/view/html/inforce/2026-04-12/act-1995-100) ;\n> > > > \n> > > > > (c) the Medical Complaints Tribunal established under the [Medical Practitioners Registration Act 1996](/view/html/inforce/2026-04-12/act-1996-002) ;\n> > \n> > > ***investigating committee*** means a committee established under a former health practitioner registration Act for the purposes of investigating a complaint.\n> \n> > (2)  Notwithstanding section 289 of the Health Practitioner Regulation National Law (Tasmania), if before the participation day for this jurisdiction a local registration authority had started, but not immediately before that day completed, dealing with a complaint about a person registered in a health profession by the local registration authority –\n> > \n> > > > (a) the complaint is to be dealt with by the National Board for the health profession; and\n> > > \n> > > > (b) the complaint is to continue to be dealt with under the former health practitioner registration Act under which it was made; and\n> > > \n> > > > (c) if, in so dealing with the matter –\n> > > > \n> > > > > > (i) under the [Nursing Act 1995](/view/html/inforce/2026-04-12/act-1995-100) or the [Medical Practitioners Registration Act 1996](/view/html/inforce/2026-04-12/act-1996-002) , the National Board for the health profession; or\n> > > > > \n> > > > > > (ii) under the [Pharmacists Registration Act 2001](/view/html/inforce/2026-04-12/act-2001-090) or the [Dental Practitioners Registration Act 2001](/view/html/inforce/2026-04-12/act-2001-020) , an investigating committee established for the complaint –\n> > > > \n> > > > considers that the matter should be referred to a former health practitioner Tribunal, the responsible tribunal may deal with the matter as if it were the former health practitioner Tribunal; and\n> > > \n> > > > (d) the responsible tribunal is to deal with the matter under the relevant former health practitioner registration Act under which the complaint was made and may make any decision that the former health practitioner Tribunal could have made.\n> \n> > (3)  Notwithstanding [subsection (2)](#GS18@Gs2@EN) , if before the participation day for this jurisdiction a former health practitioner Tribunal had started, but not immediately before that day completed, hearing a complaint referred to it by a local registration authority, that Tribunal may continue to deal with the matter under the relevant former health practitioner registration Act under which the complaint was made.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Proceedings in respect of offences","content":"### 19 Proceedings in respect of offences\n\n> > (1)  Proceedings in respect of an offence committed under a former health practitioner registration Act that have been instituted by a local registration authority but have not been finally dealt with before the participation day for this jurisdiction may be continued by the Secretary of the Department.\n> \n> > (2)  Proceedings in respect of an offence committed under a former health practitioner registration Act that could have been instituted by a local registration authority before the participation day for this jurisdiction may be instituted by the Secretary of the Department.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Annual reports","content":"### 20 Annual reports\n\n> > (1)  Notwithstanding the repeal of a former health practitioner registration Act, a local registration authority must, not later than 60 days after the participation day for this jurisdiction, give the Minister a report of its operations for any period that has not yet been reported by the local registration authority, ending on the day immediately preceding participation day for this jurisdiction.\n> \n> > (2)  The report is to incorporate the audited statement of accounts prepared for the period referred to in [subsection (1)](#GS20@Gs1@EN) .\n> \n> > (3)  The Minister may, in writing, direct the local registration authority to prepare the report in a particular way or to include particular information in the report.\n> \n> > (4)  The report may be appended to the annual report of the Department.\n> \n> > (5)  [*\\[Section 20 Subsection (5) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja47@GC2@EN) [Subsection (4)](#GS20@Gs4@EN) has effect notwithstanding [section 36(3) of the](/view/html/inforce/2026-04-12/act-2000-085#GS36@Gs3@EN) [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) .\n> \n> > (6)  If the local registration authority's report is not appended to the annual report of the Department, the Minister must cause the local registration authority's report to be laid before each House of Parliament by not later than 30 November after the end of the financial year to which it relates.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"References in other Acts","content":"### 21 References in other Acts\n\n> > (1)  A reference in any Act to a person registered under the Health Practitioner Regulation National Law (Tasmania) in a health profession, however described, that enables or requires a health practitioner to act in the course of his or her profession does not include a student or a person holding non-practising registration under that Law.\n> \n> > (2)  A reference in any Act to a person registered under the Health Practitioner Regulation National Law (Tasmania) in the pharmacy profession does not include a person holding provisional registration under that Law unless that Act otherwise provides.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Continuation of excluded legislation, &c.","content":"### 22 Continuation of excluded legislation, &c.\n\n> > (1)  In this section –\n> > \n> > > ***excluded legislation*** means –\n> > > \n> > > > > (a) the [Freedom of Information Act 1991](/view/html/inforce/2026-04-12/act-1991-022) ; and\n> > > > \n> > > > > (b) the [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) ; and\n> > > > \n> > > > > (c) the [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) ;\n> > \n> > > ***notification*** means –\n> > > \n> > > > > (a) in the case of the [Freedom of Information Act 1991](/view/html/inforce/2026-04-12/act-1991-022) , a request for information made pursuant to [section 13](/view/html/inforce/2026-04-12/act-1991-022#GS13@EN) of that Act; or\n> > > > \n> > > > > (b) in the case of the [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) , an application for assessed disclosure made pursuant to [section 13](/view/html/inforce/2026-04-12/act-2009-070#GS13@EN) of that Act; or\n> > > > \n> > > > > (c) in the case of the [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) , a matter raised with a local registration authority in its capacity as a personal information custodian under that Act.\n> \n> > (2)  Notwithstanding [section 7](#GS7@EN) , if, before the participation day for this jurisdiction, a local registration authority had received a notification but had not completed dealing with the notification immediately before that day –\n> > \n> > > > (a) the notification is to be dealt with by the relevant National Board; and\n> > > \n> > > > (b) the notification is to continue to be dealt with under the excluded legislation under which it was made; and\n> > > \n> > > > (c) any review rights contained in the excluded legislation continue to apply to the notification.\n> \n> > (3)  Notwithstanding [section 7](#GS7@EN) , if, before the participation day for this jurisdiction, the Ombudsman had received a complaint about a local registration authority under the [Ombudsman Act 1978](/view/html/inforce/2026-04-12/act-1978-082) or the [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) but had not completed dealing with the complaint immediately before that day –\n> > \n> > > > (a) the complaint is to be dealt with under the [Ombudsman Act 1978](/view/html/inforce/2026-04-12/act-1978-082) or the [Personal Information Protection Act 2004](/view/html/inforce/2026-04-12/act-2004-046) (whichever applies); and\n> > > \n> > > > (b) the relevant National Board for the health profession is taken to be the local registration authority about which the complaint relates.","sortOrder":25},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Administration of Act","content":"### 23 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Health; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Health and Human Services.\n\n***24.***   ***25.***   ***26.***","sortOrder":27},{"sectionNumber":"24.","sectionType":"section","heading":null,"content":"### 24.","sortOrder":28},{"sectionNumber":"25.","sectionType":"section","heading":null,"content":"### 25.","sortOrder":29},{"sectionNumber":"26.","sectionType":"section","heading":null,"content":"### 26.","sortOrder":30},{"sectionNumber":"SCHEDULE 1 - Legislation repea","sectionType":"part","heading":"SCHEDULE 1 - Legislation repealed","content":"# SCHEDULE 1 - Legislation repea SCHEDULE 1 - Legislation repealed\n\n[Section 24](#GS24@EN)\n\n| Optometrists Registration Act 1994 (No. 87 of 1994) |\n| Podiatrists Registration Act 1995 (No. 81 of 1995) |\n| Nursing Act 1995 (No. 100 of 1995) |\n| Medical Practitioners Registration Act 1996 (No. 2 of 1996) |\n| Dental Prosthetists Registration Act 1996 (No. 56 of 1996) |\n| Chiropractors and Osteopaths Registration Act 1997 (No. 48 of 1997) |\n| Physiotherapists Registration Act 1999 (No. 106 of 1999) |\n| Psychologists Registration Act 2000 (No. 9 of 2000) |\n| Dental Practitioners Registration Act 2001 (No. 20 of 2001) |\n| Medical Practitioners Registration Amendment Act 2004 (No. 18 of 2004) |\n| Medical Practitioners Registration Amendment Act 2007 (No. 50 of 2007) |","sortOrder":31},{"sectionNumber":"SCHEDULE 2 - Legislation resci","sectionType":"part","heading":"SCHEDULE 2 - Legislation rescinded","content":"# SCHEDULE 2 - Legislation resci SCHEDULE 2 - Legislation rescinded\n\n[Section 25](#GS25@EN)\n\n| Dental Prosthetists Registration (Fees) Regulations 2000 (No. 196 of 2000) |\n| Physiotherapists Registration (Fees) Regulations 2000 (No. 199 of 2000) |\n| Physiotherapists Registration (Fees) Amendment Regulations 2001 (No. 148 of 2001) |\n| Dental Prosthetists Registration (Fees) Amendment Regulations 2002 (No. 50 of 2002) |\n| Dental Practitioners Registration (Fees) Regulations 2002 (No. 126 of 2002) |\n| Chiropractors and Osteopaths Registration Regulations 2003 (No. 36 of 2003) |\n| Dental Practitioners Registration (Fees) Amendment Regulations 2003 (No. 134 of 2003) |\n| Chiropractors and Osteopaths Registration Amendment Regulations 2003 (No. 158 of 2003) |\n| Physiotherapists Registration (Fees) Amendment Regulations 2003 (No. 170 of 2003) |\n| Physiotherapists Registration (Fees) Amendment Regulations 2004 (No. 102 of 2004) |\n| Dental Prosthetists Registration (Fees) Amendment Regulations 2005 (No. 27 of 2005) |\n| Optometrists Registration (Fees) Regulations 2005 (No. 92 of 2005) |\n| Dental Practitioners Registration Regulations 2005 (No. 110 of 2005) |\n| Nursing Regulations 2005 (No. 132 of 2005) |\n| Chiropractors and Osteopaths Registration Amendment Regulations 2006 (No. 18 of 2006) |\n| Chiropractors and Osteopaths Registration (Fees) Regulations 2006 (No. 27 of 2006) |\n| Dental Practitioners Registration (Fees) Amendment Regulations 2006 (No. 104 of 2006) |\n| Psychologists Registration (Fees) Regulations 2006 (No. 136 of 2006) |\n| Optometrists Registration (Fees) Amendment Regulations 2006 (No. 140 of 2006) |\n| Physiotherapists Registration Regulations 2007 (No. 51 of 2007) |\n| Dental Prosthetists Registration (Fees) Amendment Regulations 2007 (No. 90 of 2007) |\n| Nursing (Fees) Regulations 2007 (No. 127 of 2007) |\n| Chiropractors and Osteopaths Registration (Fees) Amendment Regulations 2008 (No. 35 of 2008) |\n| Medical Practitioners Registration (Fees) Regulations 2008 (No. 132 of 2008) |\n| Podiatrists Registration (Fees) Regulations 2009 (No. 17 of 2009) |\n| Dental Practitioners Registration (Fees) Amendment Regulations 2009 (No. 93 of 2009) |","sortOrder":32},{"sectionNumber":"SCHEDULE 3 - Legislation revok","sectionType":"part","heading":"SCHEDULE 3 - Legislation revoked","content":"# SCHEDULE 3 - Legislation revok SCHEDULE 3 - Legislation revoked\n\n[Section 26](#GS26@EN)\n\n| Proclamation under the Optometrists Registration Act 1995 (No. 33 of 1995) |\n| Proclamation under the Nursing Act 1996 (No. 45 of 1996) |\n| Proclamation under the Medical Practitioners Registration Act 1996 (No. 113 of 1996) |\n| Proclamation under the Dental Prosthetists Registration Act 1996 (No. 221 of 1996) |\n| Proclamation under the Chiropractors and Osteopaths Registration Act 1997 (No. 65 of 1998) |\n| Proclamation under the Physiotherapists Registration Act 1999 (No. 4 of 2000) |\n| Proclamation under the Psychologists Registration Act 2000 (No. 174 of 2000) |\n| Proclamation under the Dental Practitioners Registration Act 2001 (No. 108 of 2001) |\n| Proclamation under the Medical Practitioners Registration Amendment Act 2004 (No. 71 of 2004) |","sortOrder":33}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Act changes scope by replacing Tasmania's separate health-practitioner registration regime with the Queensland-origin national registration and accreditation law as the operative Tasmanian law and by adopting that national law dynamically (s 4). It repeals multiple former Tasmanian registration Acts and associated regulations (Schedules 1–3) and moves registration, accreditation, complaint handling and disciplinary functions to national bodies and the Tasmanian Civil and Administrative Tribunal (s 4, s 6, Schedules 1–3). It also creates specific transitional arrangements (Parts 4, ss 17–22) and grants the Minister power to direct local registration authorities to transfer funds, information and documents to enable the transition (s 11)."},"complexity_factors":["Dynamic incorporation of an external national law 'as in force from time to time' (s 4) — ongoing cross-jurisdictional linkage and downstream effects","Extensive cross-references to other Tasmanian Acts and preservation/exclusion of those Acts (s 7, s 22)","Detailed transitional arrangements for complaints, prosecutions and reporting involving multiple actors (ss 17–20, s 22)","Delegated powers and executive directions during transition (Minister may direct local registration authorities) (s 11)","Information‑sharing provision allowing police/criminal history disclosure to national bodies (s 12) — privacy and procedural implications","Procedural rules for how national regulations are to be notified, tabled and disallowed in Tasmania (s 15)","Schedules repealing and rescinding numerous Acts and regulations (Schedules 1–3) — practical winding up of existing frameworks"],"plain_english_summary":"## What this Act does\n\n- This Act makes the Queensland Health Practitioner Regulation National Law operate in Tasmania as a Tasmanian law (the “Health Practitioner Regulation National Law (Tasmania)”) and treats that national law as if it were part of this Act (s 4). The national law applies as it is updated \"from time to time\" (s 4).\n\n- It replaces a set of older Tasmanian registration Acts and associated regulations with the national scheme (Schedules 1–3) and provides transitional and savings rules for the changeover (Parts 4 and Schedules).\n\n## Who it affects\n\n- Health practitioners and students in Tasmania who are or will be registered under the national registration and accreditation scheme. The Act also affects the local registration authorities that previously ran state registration systems, the National Agency and National Boards under the national law, the Minister for Health, the Tasmanian Civil and Administrative Tribunal (as the responsible tribunal), and the Secretary of the Department for certain prosecutions (s 6, s 11, s 19).\n\n## Key operational changes and mechanics\n\n- Dynamic adoption of national law: the national law as enacted in Queensland, as amended over time, automatically applies in Tasmania and is treated as part of this Act (s 4). This means changes made to the national law in Queensland will apply in Tasmania without separate Tasmanian primary-legislation amendments.\n\n- Tribunal and dispute handling: the Tasmanian Civil and Administrative Tribunal is the designated responsible tribunal for matters under the national law in Tasmania (s 6). Complaints and matters partly dealt with under pre-existing Tasmanian registration Acts transfer to National Boards or may continue under the former Acts during transition (s 18, s 22).\n\n- Financial and property transfers: transfers of dutiable property from local registration authorities to the National Agency under the national law are exempt from duty (s 10). The Minister may direct local registration authorities to transfer funds and information, sign documents, and take other steps needed to enable transition to the national scheme; local registration authorities must comply (s 11).\n\n- Information sharing for vetting: the Police Commissioner may provide criminal history information to National Boards (and to Commonwealth/other-state agencies to allow them to pass information to National Boards) for purposes of producing criminal-history reports under the national law (s 12).\n\n- Procedural and transitional rules: the Act sets out how regulations made under the national law are to be notified, tabled and potentially disallowed in Tasmania (s 15). It requires the Minister to table in each House any amendment to the national law within 10 sitting-days of that amendment receiving Queensland Royal Assent (s 14). It also preserves certain pre-existing declarations (e.g. areas of need) and continues handling of ongoing complaints, investigations and prosecutions begun under the former Tasmanian Acts (ss 17–19, 22).\n\n- Administrative arrangements and reporting: until administrative arrangements are otherwise made, the Minister for Health administers the Act and the Department of Health and Human Services is the responsible department (s 23). Local registration authorities must supply the Minister with an audited report of operations for any unreported period ending on the day before participation day (s 20).\n\n- Limited rights retained for assessments: a registered health practitioner who is required to undergo a health or performance assessment may be accompanied during that assessment (s 13).\n\n## Why this matters (stated purpose and practical implications)\n\n- Stated purpose: to implement the national registration and accreditation scheme in Tasmania by adopting the national law and providing the local legal and administrative steps to move from separate Tasmanian registration Acts to the national system (s 4; Schedules 1–3).\n\n- Practical implications and trade-offs (by mechanism):\n  - Who pays / who gains money control: funds and some property of local registration authorities are to be transferred to the National Agency; those transfers are duty-exempt (s 10, s 11). This transfers revenue and assets from local bodies to the national scheme.\n  - Compliance and transition costs: local registration authorities must comply with Ministerial directions to transfer funds, information, and sign documents to effect transition (s 11). They must also prepare and deliver reports and audited accounts for the final local period (s 20). These are immediate administrative burdens and transaction costs on local bodies.\n  - Centralised rule-making and responsiveness: because the national law applies as amended \"from time to time\" (s 4), Tasmania adopts future national changes automatically; that reduces the need for local legislative changes but also means Tasmanian law will change with national amendments without separate parliamentary enactment locally.\n  - Executive discretion and co-ordination risk: the Minister can direct local authorities to act for transition (s 11), and the Governor may make regulations under the Act (s 8). The tabling requirement for national-law amendments (s 14) provides parliamentary visibility but does not prevent the amendments operating immediately; the Act also sets procedures for domestic disallowance of national regulations (s 15).\n  - Privacy and vetting: the Police Commissioner may share criminal history information with National Boards (s 12). That facilitates national vetting but requires handling of sensitive personal data under the national law's processes.\n  - Preservation of ongoing matters and review rights: ongoing complaints, notifications under FOI/RTI/PIP matters and Ombudsman complaints begun under Tasmanian or excluded laws remain subject to the original laws and review rights during transition (s 18, s 22). This limits disruption to parties involved in in-progress cases but adds complexity to transitional administration.\n\n## Immediate legal effects (who decides and what changes in behaviour)\n\n- The national bodies (National Agency and National Boards) and the Tasmanian responsible tribunal now handle registration, complaints and disciplinary functions in Tasmania instead of the former local registration authorities and tribunals (s 4, s 6, ss 17–19).\n\n- Local registration authorities must follow Minister directions and complete transition tasks, including transferring funds and information (s 11) and providing final audited reports (s 20).\n\n- The Police Commissioner and relevant agencies may provide criminal history information to National Boards for statutory reporting and vetting (s 12).\n\n## Implementation risks and burdens to watch (from the Act)\n\n- Synchronisation and coordination: because the national law is adopted dynamically (s 4), and amendments occur in Queensland first, timing and administrative alignment across jurisdictions may create coordination risk; the Minister must table amendments in Tasmania (s 14) and regulations have a set domestic notification and disallowance procedure (s 15), but the law will be operative as amended.\n\n- Administrative load on local authorities: compliance with Ministerial directions (s 11), preparation of transitional reports and audited accounts (s 20), and management of ongoing complaints under two regimes (ss 18, 22) create discrete compliance tasks and potential one‑off costs.\n\n- Concentration of decision-making: functions and assets shift from local authorities to national bodies, and the Minister has specific direction powers during transition (s 11). The Act establishes who makes registration and disciplinary decisions going forward (National Boards and responsible tribunal) (s 6, s 18).\n\n- Data handling and privacy: the permitted transfer of criminal-history information (s 12) requires processes under the national law to protect and correctly use sensitive information.\n\nSources: Health Practitioner Regulation National Law (Tasmania) Act 2010 — sections cited above and Schedules 1–3."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: adopting the national health practitioner regulation scheme for Tasmania and managing the transition from state-based to national registration. While amendments have updated procedural details (such as which tribunal handles matters and updating references to modernised Tasmanian legislation like the Financial Management Act 2016), the core scope of adopting the Queensland National Law and facilitating the national registration scheme has not expanded beyond its original intent."},"complexity_factors":["The Act is relatively short (26 sections plus schedules) but functions primarily as a 'conduit' to the much larger Queensland National Law, which is not reproduced in the text","Heavy reliance on external references—the Act incorporates by reference the entire Queensland Health Practitioner Regulation National Law 'as in force from time to time' (section 4), meaning the substantive law is located in another jurisdiction's legislation","Multiple transitional provisions dealing with 10 different former health practitioner registration Acts, requiring cross-referencing between old and new schemes (Part 4)","Defined terms rely on definitions in the external Queensland law (section 3(2)), creating a two-layer interpretation structure","Specific exclusions of 10 different Tasmanian Acts or parts thereof (section 7), requiring knowledge of those excluded statutes","Nested transitional arrangements for complaints, disciplinary proceedings, and freedom of information requests that were 'in flight' when the scheme commenced (sections 17-22)"],"plain_english_summary":"This is Tasmania's law that adopts the national scheme for regulating health professionals. Instead of Tasmania writing its own detailed rules for doctors, nurses, dentists, pharmacists and other health workers, this Act 'imports' the national law from Queensland and makes it apply in Tasmania.\n\n**What it does:**\n- **Adopts the national law**: The Health Practitioner Regulation National Law (which was originally enacted in Queensland) becomes law in Tasmania automatically, including any future updates made in Queensland (section 4).\n- **Sets up local machinery**: It specifies which Tasmanian courts and tribunals handle disputes (the Magistrates Court for minor matters, the Tasmanian Civil and Administrative Tribunal for serious disciplinary matters) (sections 5-6).\n- **Switches off conflicting Tasmanian laws**: Various Tasmanian Acts about freedom of information, auditing, and public service employment don't apply to the national scheme (section 7).\n- **Handles the transition**: When the national scheme started, this Act managed the handover from Tasmania's old separate registration boards (for nurses, doctors, dentists, etc.) to the new national system. It allowed the Minister to direct old boards to transfer money and records, made sure ongoing complaints and disciplinary cases weren't dropped, and exempted property transfers from stamp duty (sections 9-22).\n- **Repeals old laws**: It abolished Tasmania's previous separate registration Acts for 10 different health professions (Schedule 1).\n\n**Who it affects:**\n- Anyone registered (or seeking registration) as a health practitioner in Tasmania—doctors, nurses, dentists, pharmacists, psychologists, physiotherapists, chiropractors, osteopaths, optometrists, podiatrists, and medical radiation professionals.\n- The national registration boards and the Australian Health Practitioner Regulation Agency (AHPRA), which now handle registration instead of Tasmanian state boards.\n- Patients who make complaints about health practitioners.\n\n**Why it matters:**\nThis Act created a 'seamless national economy' for health professionals. Before this, a doctor registered in Tasmania couldn't automatically work in Victoria or Queensland. Now, registration is national—practitioners register once and can practise anywhere in Australia. It also means disciplinary standards and patient safety rules are consistent across the country."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act appears to remain consistent with its original intent: to apply the Health Practitioner Regulation National Law as the law of Tasmania, ensuring Tasmania's participation in the national registration and accreditation scheme for health practitioners. Amendments over time have updated the incorporated national law but have not fundamentally shifted the Act's purpose or scope."},"complexity_factors":["Adopts a separate national law by reference, meaning the operative content exists in a different document (the Health Practitioner Regulation National Law) rather than in this Act itself — readers must consult multiple instruments","The national law it incorporates is itself extremely lengthy and technically detailed, covering registration, investigations, tribunals, offences, and appeals","Covers a large number of distinct health professions, each with specific rules and national boards","Interplay between Commonwealth, state, and territory jurisdiction creates constitutional and administrative complexity","Ongoing amendments mean the current version may differ significantly from earlier iterations, requiring version tracking","Enforcement and disciplinary mechanisms involve multiple bodies (AHPRA, National Boards, state tribunals) with overlapping roles","Contains criminal offence provisions with specific elements that require careful legal interpretation"],"plain_english_summary":"## Health Practitioner Regulation National Law (Tasmania) Act 2010\n\n### What is this law?\nThis is Tasmania's version of a **national scheme** for regulating health professionals across Australia. Rather than each state having its own completely separate rules, Tasmania signed up to a shared national system by passing this Act — which essentially adopts the national law as if it were Tasmania's own.\n\n### Who does it affect?\nThis law affects virtually **anyone involved in healthcare** in Tasmania, including:\n- **Health practitioners** (doctors, nurses, dentists, pharmacists, physiotherapists, psychologists, and many more)\n- **Patients and the public** who rely on safe, qualified healthcare\n- **Employers** in the health sector\n- **Healthcare businesses and clinics**\n\n### What does it actually do?\n- Sets the rules for **who can legally call themselves a registered health professional** and practise in those fields\n- Establishes **national boards** (like the Medical Board of Australia) that oversee each health profession\n- Creates a system to **register practitioners**, ensuring they are qualified and fit to practise\n- Gives authorities the power to **investigate complaints**, suspend practitioners, or cancel their registration if they pose a risk to the public\n- Makes it **a criminal offence** for unqualified people to pretend to be registered health professionals\n- Ensures that a practitioner registered in one Australian state or territory can **work anywhere in Australia** under the same standards\n\n### Why does it matter to you?\nIf you see a doctor, nurse, or other health professional in Tasmania, this law is part of what guarantees they are properly trained and accountable. If something goes wrong with your care, this is the framework that handles complaints and protects you. If you *are* a health professional, this law governs your registration, your obligations, and what can happen if you breach professional standards."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/health-practitioner-regulation-national-law-tasmania-act-2010","history":"/api/acts/health-practitioner-regulation-national-law-tasmania-act-2010/history","analysis":"/api/acts/health-practitioner-regulation-national-law-tasmania-act-2010/analysis","conflicts":"/api/acts/health-practitioner-regulation-national-law-tasmania-act-2010/conflicts","importantCases":"/api/acts/health-practitioner-regulation-national-law-tasmania-act-2010/important-cases","documents":"/api/acts/health-practitioner-regulation-national-law-tasmania-act-2010/documents"}}