{"id":"nsw:act-1997-090","name":"Health Professionals (Special Events Exemption) Act 1997","slug":"health-professionals-special-events-exemption-act-1997","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"90 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105421,"registerId":"nsw-act-1997-090-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Health Professionals (Special Events Exemption) Act 1997](/view/html/inforce/current/act-1997-090).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act:\n> \n> drug of addiction means any substance specified in Schedule Eight of the Poisons List.\n> \n> exemption period, in relation to a special event, means the period or periods specified in an order under section 5 that applies to the event.\n> \n> health care services means:\n> \n> > (a) services ordinarily provided by a health practitioner within the meaning of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), and\n> \n> > (b) any other service prescribed by the regulations.\n> \n> Poisons List means the list proclaimed under section 8 of the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031) as in force for the time being.\n> \n> registration includes licensing and enrolment.\n> \n> relevant special event, in relation to a visiting health professional, means the special event in respect of which notice is given by the health professional under section 7 (c).\n> \n> restricted substance means any substance specified in Schedule Four of the Poisons List.\n> \n> special event means an event, or class of events, that is declared to be a special event by order under section 5.\n> \n> supply has the same meaning as in the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031).\n> \n> visiting health professional is defined in section 7.\n> \n> visitor is defined in section 6.\n> \n> Note—\n> \n> The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> **s 3:** Am 2003 No 40, Sch 1.17 \\[1\\] \\[2\\]; 2003 No 45, Sch 2.5; 2006 No 59, Sch 7.6; 2009 No 61, Sch 4.3 \\[1\\] \\[2\\]; 2010 No 54, Sch 2.25 \\[1\\]; 2017 No 50, Sch 5.16 \\[1\\]; 2019 No 1, Sch 1.7.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"#### 4 Notes\n\n4 Notes\n\n> Notes included in this Act are explanatory notes and do not form part of this Act.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Special events exemption for visiting health professionals","content":"# Part 2 Special events exemption for visiting health professionals\n\nPart 2 Special events exemption for visiting health professionals","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Special events","content":"#### 5 Special events\n\n5 Special events\n\n> > (1) The Minister may, by order published in the Gazette, declare an event or class of events specified in the order to be a special event for the purposes of this Act.\n> \n> > (2) Such an order may be made in relation to any sporting, cultural or other event that is to take place or is taking place in the State and that, in the opinion of the Minister, will attract a significant number of participants from other countries.\n> \n> > (3) The order is to specify a period or periods in which an exemption under this Act has effect in respect of a special event.\n> \n> > (4) The exemption period for a special event may include any period or periods before or after the special event takes place.\n> \n> > (5) The order is to specify a procedure for the purposes of section 7 (c) by which notice is to be given of a person’s intention to provide health care services in the State to a visitor.\n> \n> > (6) An order under this section may, in its operation in relation to any matter dealt with in the order, apply generally or be limited in its application by reference to specified exceptions or factors.\n> \n> > (7) An order under this section may be revoked or varied by a further order or orders under this section.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Definition of “visitor”","content":"#### 6 Definition of “visitor”\n\n6 Definition of “visitor”\n\n> A person is a visitor for the purposes of this Act if:\n> \n> > (a) the person is a resident of another country who is in the State for the purpose of officially participating in a special event, or preparing, training, practising, rehearsing or acclimatising for a special event, or\n> \n> > (b) the person is a resident of Australia who is in the State for such a purpose and is a member of a group the majority of which is comprised of persons referred to in paragraph (a) who are in the State for the same purpose.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Definition of “visiting health professional”","content":"#### 7 Definition of “visiting health professional”\n\n7 Definition of “visiting health professional”\n\n> A person is a visiting health professional for the purposes of this Act if:\n> \n> > (a) the person is an individual who is a resident of another country, and\n> \n> > (b) the person is appointed, employed, contracted or otherwise engaged to provide health care services to a visitor, and\n> \n> > (c) notice is given of the person’s intention to provide health care services in the State to a visitor in accordance with the procedure specified in the order under section 5 declaring the special event.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Provision of health care services by visiting health professionals","content":"#### 8 Provision of health care services by visiting health professionals\n\n8 Provision of health care services by visiting health professionals\n\n> > (1) A visiting health professional, for the purposes of this Act, is authorised to provide health care services to visitors for whom the health professional has been appointed, employed, contracted or otherwise engaged to provide those services as referred to in section 7.\n> \n> > (2) This section operates in relation to a visiting health professional only:\n> > \n> > > (a) during the exemption period for the relevant special event, and\n> > \n> > > (b) while the health professional is complying with the provisions of this Act, the regulations and any relevant conditions imposed in accordance with this Act.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Conditions on practice by visiting health professionals","content":"#### 9 Conditions on practice by visiting health professionals\n\n9 Conditions on practice by visiting health professionals\n\n> > (1) An order under section 5 may impose conditions on the provision of health care services by a visiting health professional.\n> \n> > (2) Any such condition may apply generally or may apply to a particular special event or a particular class of persons.\n> \n> > (3) The regulations may also make provision for or with respect to conditions to be imposed on the provision of health care services by a visiting health professional.\n> \n> > (4) In addition to any condition imposed by an order under section 5 or by the regulations, it is a condition of the provision of health care services by a visiting health professional that the visiting health professional must not, in the course of providing such services, possess or supply any substance that cannot be possessed or supplied by any equivalent local health professional under the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) or the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031).\n> \n> > (5) In subsection (4), local health professional means a person who is a registered health practitioner within the meaning of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) and is not a visiting health professional.\n> \n> **s 9:** Am 2003 No 40, Sch 1.17 \\[3\\]; 2010 No 34, Sch 2.25 \\[2\\]; 2017 No 50, Sch 5.16 \\[2\\] \\[3\\].","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Issue of prescriptions and supply of certain substances","content":"#### 10 Issue of prescriptions and supply of certain substances\n\n10 Issue of prescriptions and supply of certain substances\n\n> > (1) A visiting health professional may issue a written prescription for a restricted substance or drug of addiction only if authorised to do so by an order under section 5.\n> \n> > (2) The Minister may, by an order under section 5:\n> > \n> > > (a) authorise a visiting health professional, all visiting health professionals or a class of visiting health professionals to issue written prescriptions for a restricted substance or drug of addiction in the course of providing health care services in accordance with this Act, and\n> > \n> > > (b) authorise any person or class of persons to supply a restricted substance or drug of addiction on such a prescription, and\n> > \n> > > (c) authorise a visiting health professional, all visiting health professionals or a class of visiting health professionals to be supplied with any substance by wholesale, and\n> > \n> > > (d) authorise any person or class of persons to supply any substance by wholesale to any visiting health professional, authorised as referred to in paragraph (c), but only if the person or class of persons is licensed or otherwise authorised under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031) to supply the substance by wholesale to a medical practitioner.\n> \n> > (3) The Minister is not to make an order containing any authorisation referred to in subsection (2) unless the Minister is satisfied that adequate arrangements are in place to ensure that the substances concerned will only be prescribed for and supplied to persons to whom visiting health professionals are authorised to provide health care services under this Act.\n> \n> > (4) An order under section 5 may impose conditions on any authorisation referred to in this section that is conferred by the order.\n> \n> > (5) Any such condition may apply generally or may apply to a particular special event or a particular class of persons.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Exemptions relating to offences","content":"#### 11 Exemptions relating to offences\n\n11 Exemptions relating to offences\n\n> > (1) A visiting health professional does not commit an offence under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031) or the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), or any regulations under those Acts or Laws, for:\n> > \n> > > (a) providing health care services authorised by this Act, or\n> > \n> > > (b) possessing or supplying any substance in the course of providing those authorised health care services, or\n> > \n> > > (c) prescribing any substance in accordance with this Act, or\n> > \n> > > (d) holding himself or herself out as being able to provide those authorised health care services, or\n> > \n> > > (e) using any name, initials, description, word, symbol, addition or title that he or she ordinarily uses.\n> \n> > (2) A visitor does not commit an offence under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031) or the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), or any regulations under those Acts, for doing any thing, or possessing any substance, as a result of being provided with health care services in accordance with this Act.\n> \n> > (3) A person does not commit an offence under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031) or the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), or any regulations under those Acts, for:\n> > \n> > > (a) supplying a restricted substance or drug of addiction in accordance with a written prescription issued by a visiting health professional if:\n> > > \n> > > > (i) the health professional is authorised in accordance with this Act to issue the prescription, and\n> > > \n> > > > (ii) the person is authorised in accordance with this Act to supply the substance on such a prescription, or\n> > \n> > > (b) supplying any substance by wholesale to a visiting health professional if:\n> > > \n> > > > (i) the person is authorised in accordance with this Act to supply the substance by wholesale, and\n> > > \n> > > > (ii) the visiting health professional is authorised in accordance with this Act to be supplied with the substance by wholesale, and\n> > > \n> > > > (iii) the person is complying with any conditions to which the person’s authorisation under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031) is subject.\n> \n> > (4) The regulations may prescribe other offences to which subsection (1), (2) or (3) applies.\n> \n> **s 11:** Am 2010 No 34, Sch 2.25 \\[3\\]–\\[5\\]; 2017 No 50, Sch 5.16 \\[4\\] \\[5\\].","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Complaints about visiting health professionals","content":"#### 12 Complaints about visiting health professionals\n\n12 Complaints about visiting health professionals\n\n> > (1) A complaint may not be made about a visiting health professional under the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) or the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) and no disciplinary action may be taken against a visiting health professional under that Act or that Law. However, this section does not prevent the bringing of proceedings for an offence under that Act or that Law.\n> \n> > (2) This section does not apply to complaints about a person who is a registered health practitioner or a student within the meaning of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> **s 12:** Am 2010 No 34, Sch 2.25 \\[2\\] \\[6\\]; 2017 No 50, Sch 5.16 \\[5\\]–\\[7\\].","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Application of Act to particular persons","content":"#### 13 Application of Act to particular persons\n\n13 Application of Act to particular persons\n\n> > (1) The Minister may, by order published in the Gazette, declare that this Act, or a specified provision of this Act, does not apply to or in respect of a specified person or class of persons.\n> \n> > (2) Such an order has effect according to its terms.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Act does not limit the practice of registered health professionals","content":"#### 14 Act does not limit the practice of registered health professionals\n\n14 Act does not limit the practice of registered health professionals\n\n> This Act does not prejudice or affect the lawful occupation, trade or business of any person who is a registered health practitioner within the meaning of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).\n> \n> **s 14:** Am 2010 No 34, Sch 2.25 \\[2\\]; 2017 No 50, Sch 5.16 \\[8\\].","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"#### 15 Regulations\n\n15 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Proceedings for offences","content":"#### 16 Proceedings for offences\n\n16 Proceedings for offences\n\n> Proceedings for an offence against the regulations are to be dealt with summarily by the Local Court.\n> \n> **s 16:** Am 2007 No 94, Sch 4.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Review of Act","content":"#### 17 Review of Act\n\n17 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":19}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating temporary health care provision during major international events. While amendments have updated terminology to reflect changes in the national health practitioner registration scheme (particularly the 2010 and 2017 amendments referencing the Health Practitioner Regulation National Law), these are modernisation updates rather than scope expansion. The core mechanism—Ministerial declaration of events, notification by visiting professionals, and limited exemptions—remains unchanged from the original 1997 intent."},"complexity_factors":["Multiple cross-references to external legislation (Health Practitioner Regulation National Law, Poisons and Therapeutic Goods Act, Drug Misuse and Trafficking Act)","Nested conditional logic: exemptions only apply during specific periods, for specific persons, while complying with conditions, and for specific purposes","Dual-layer condition-making power: both Ministerial orders and regulations can impose conditions","13 defined terms in section 3, with two terms ('visiting health professional' and 'visitor') requiring their own definitional sections (ss 6-7)","Exception to exemption in section 12(2) for persons already registered under the National Law","Multiple amendment history entries indicating evolutionary complexity (sections 3, 9, 11, 12, 14, 16 all amended multiple times)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a temporary exemption system that lets overseas health professionals (doctors, physios, etc.) treat international visitors during major events in New South Wales—like the Olympics, World Cup, or other big sporting or cultural gatherings—without needing full Australian registration.\n\n**Who it affects:**\n\n- **Visiting health professionals** – overseas-based health workers who come to NSW specifically to look after international athletes, performers, or officials during a declared \"special event\"\n- **Visitors** – international participants (and some Australian team members) who are in NSW for the event\n- **Local suppliers** – pharmacies and wholesalers who might need to provide medications to these visiting professionals\n\n**How it works:**\n\n1. The **Minister declares** a \"special event\" (e.g., the Sydney Olympics) and sets an \"exemption period\" that can include time before and after the actual event\n2. Visiting health professionals **give notice** of their intention to practice and can then legally provide care to their visitors\n3. They get **immunity from prosecution** for practicing without full NSW registration, and can (if authorised) prescribe restricted medications and controlled drugs\n4. There are **safeguards**: they can't possess or supply anything that local registered professionals couldn't, and the Minister can impose conditions\n\n**Why it matters:**\n\nWithout this law, a team doctor from France or a physiotherapist from Japan would need to go through Australia's full health practitioner registration process just to treat their own athletes during a two-week tournament. This creates a streamlined, temporary pathway while maintaining safety controls—particularly around access to prescription drugs and controlled substances.\n\n**Key limitations:**\n\n- Only applies to care for \"visitors\" (international participants), not the general public\n- Visiting professionals remain subject to criminal law for serious misconduct\n- They cannot be complained about under NSW health complaints systems (though criminal proceedings are still possible)\n- The system is entirely discretionary—events must be declared, and professionals must notify authorities"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The supplied text sets out the Act's scope as limited to ministerially declared special events and visiting health professionals, with mechanisms for authorisation, conditions and exclusions (see s 5, s 6–8, s 13). The text itself does not indicate any alteration of that original scope; it instead provides powers to vary or limit application by order (s 5(7), s 13)."},"complexity_factors":["Broad ministerial discretion to declare events, set exemption periods, specify notice procedures and impose conditions (s 5, s 9)","Multiple cross‑references to other regulatory regimes that determine offences, licensing and supply rules (Health Practitioner Regulation National Law; Poisons and Therapeutic Goods Act 1966; Drug Misuse and Trafficking Act 1985) (s 3, s 11)","Layered authorisations for prescribing and wholesale supply of restricted substances requiring separate ministerial orders and satisfaction of safeguarding arrangements (s 10(1)–(4))","Conditional operation of exemptions (only during exemption periods and while complying with this Act, regulations and conditions) creating ongoing compliance obligations (s 8(1)–(2), s 9(4))","Ability to tailor, limit or revoke orders and to exempt particular persons or classes, producing variability in application (s 5(6)–(7), s 13)","Restrictions on complaints and disciplinary action against visiting health professionals that alter usual enforcement routes and may shift enforcement to criminal proceedings (s 12)","Regulations may create further offences and conditions (s 9(3), s 15), increasing delegated law content and compliance uncertainty"],"plain_english_summary":"This Act lets the Minister declare \"special events\" and temporarily authorise visiting overseas health professionals to provide health care to event participants. It sets notice, condition and licensing requirements for practice and for prescribing or supplying controlled substances, and narrows complaint/disciplinary pathways for those visitors during the exemption period."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to have retained its original narrow purpose: providing temporary registration exemptions for health professionals practising during special events in NSW. The multiple amendments over time likely reflect updates to keep the Act aligned with evolving national health registration frameworks (such as the move to a national registration scheme in 2010) rather than any fundamental broadening or narrowing of scope."},"complexity_factors":["Narrow and specific scope — applies only to declared special events, limiting interpretive complexity","Multiple amendments over time (1997–2019) mean the current version reflects accumulated changes that require cross-referencing historical versions","Interaction with broader health registration frameworks (both NSW-specific and national) requires some background knowledge to fully understand","Pending uncommenced amendments (Medicines, Poisons and Therapeutic Goods Act 2022) create uncertainty about future operation","Three responsible Ministers listed, suggesting multi-portfolio regulatory overlap"],"plain_english_summary":"This Act temporarily exempts health professionals who are registered interstate or overseas from needing NSW registration to practise during declared \"special events\" in the state. It lets visiting medical teams legally provide care at large events, protecting clinicians, organisers and attendees from legal risk. The law has been amended over time; some changes under the Medicines, Poisons and Therapeutic Goods Act 2022 are pending commencement."}},"importantCases":[],"_links":{"self":"/api/acts/health-professionals-special-events-exemption-act-1997","history":"/api/acts/health-professionals-special-events-exemption-act-1997/history","analysis":"/api/acts/health-professionals-special-events-exemption-act-1997/analysis","conflicts":"/api/acts/health-professionals-special-events-exemption-act-1997/conflicts","importantCases":"/api/acts/health-professionals-special-events-exemption-act-1997/important-cases","documents":"/api/acts/health-professionals-special-events-exemption-act-1997/documents"}}