{"id":"a-2026-5","name":"Nurse Practitioners Legislation Amendment Act 2026","slug":"nurse-practitioners-legislation-amendment-act-2026","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"5 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24027,"registerId":"act-a-2026-5-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Nurse Practitioners Legislation Amendment Act 2026","content":"J2025-159\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nNurse Practitioners Legislation\nAmendment Act 2026\nA2026-5\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\nPart 2 Births, Deaths and Marriages Registration\nAct 1997\n4 New section 32F 3\n5 Circumstances in which deaths are not to be registered\nSection 34 (1) (a) 3\n\nContents\nPage\ncontents 2 Nurse Practitioners Legislation Amendment Act 2026 A2026-5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Division 6.2 heading 3\n7 Section 35 3\n8 Section 36 heading 5\n9 New section 36 (2) 5\n10 Section 36 (as amended) 5\n11 New division 6.3 6\n12 New section 69A 6\n13 Dictionary, note 2 6\n14 Dictionary, new definition of cause of death certificate 6\nPart 3 Cemeteries and Crematoria Act 2020\n15 Section 13 7\n16 Section 42 heading 7\n17 Section 42 (1) (b) 8\n18 Section 42 (2) (a) and (b) 8\n19 Dictionary, new definition of cause of death certificate 8\n20 Dictionary, note 2 8\nPart 4 Coroners Act 1997\n21 Coroner’s jurisdiction in relation to deaths\nSection 13 (1) (e) and (f) 9\n22 Section 13 (5), new definition of cause of death certificate 9\n23 Dictionary, note 2 9\nPart 5 Medical Treatment (Health Directions)\nAct 2006\n24 Requirements for non-written health directions\nSection 9 (1) 10\n25 Dictionary, note 2 10\nSchedule 1 Cemeteries and Crematoria Act 2020—\nTechnical amendments 11\n\nJ2025-159\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nNurse Practitioners Legislation\nAmendment Act 2026\nA2026-5\nAn Act to amend legislation about nurse practitioners, and for other purposes\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nPart 1 Preliminary\nSection 1\npage 2 Nurse Practitioners Legislation Amendment Act 2026 A2026-5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Nurse Practitioners Legislation Amendment Act 2026.\n2 Commencement\nThis Act commences on a day fixed by the Minister by written notice.\nNote 1 The naming and commencement provisions automatically commence on\nthe notification day (see Legislation Act, s 75 (1)).\nNote 2 A single day or time may be fixed, or different days or times may be\nfixed, for the commencement of different provisions (see Legislation Act,\ns 77 (1)).\nNote 3 If a provision has not commenced within 6 months beginning on the\nnotification day, it automatically commences on the first day after that\nperiod (see Legislation Act, s 79).\n3 Legislation amended\nThis Act amends the following legislation:\n• Births, Deaths and Marriages Registration Act 1997\n• Cemeteries and Crematoria Act 2020\n• Coroners Act 1997\n• Medical Treatment (Health Directions) Act 2006.\n\nBirths, Deaths and Marriages Registration Act 1997 Part 2\nSection 4\nA2026-5 Nurse Practitioners Legislation Amendment Act 2026 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Births, Deaths and Marriages\nRegistration Act 1997\n4 New section 32F\nin division 6.1, insert\n32F Meaning of cause of death certificate—pt 6\nIn this part:\ncause of death certificate, for a deceased person, means a certificate\nby a doctor or nurse practitioner, certifying the death, and cause of\ndeath, of the deceased person.\n5 Circumstances in which deaths are not to be registered\nSection 34 (1) (a)\nsubstitute\n(a) a cause of death certificate; or\n6 Division 6.2 heading\nsubstitute\nDivision 6.2 Notification of deaths\n7 Section 35\nsubstitute\n35 Doctor must give cause of death certificate to\nregistrar-general\n(1) This section applies if a doctor—\n(a) was responsible for a deceased person’s medical care\nimmediately before the deceased person’s death; or\n\nPart 2 Births, Deaths and Marriages Registration Act 1997\nSection 7\npage 4 Nurse Practitioners Legislation Amendment Act 2026 A2026-5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) examined the body of a deceased person after the deceased\nperson’s death; or\n(c) has considered information about a deceased person’s medical\nhistory and the circumstances of the deceased person’s death\nand is able to form an opinion as to the probable cause of death.\n(2) The doctor must give the registrar-general a cause of death certificate\nfor the deceased person within 48 hours after the deceased person’s\ndeath.\nMaximum penalty: 5 penalty units.\n(3) An offence against this section is a strict liability offence.\n(4) This section does not apply if the doctor believes on reasonable\ngrounds that—\n(a) another doctor or a nurse practitioner has already given the\nregistrar-general a cause of death certificate for the deceased\nperson; or\n(b) the death has been reported to a coroner.\nNote 1 The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\nNote 2 A doctor must not give a cause of death certificate in certain\ncircumstances (see Cemeteries and Crematoria Act 2020, s 42).\nNote 3 Deaths must be reported to a coroner in certain circumstances (see\nCoroners Act 1997, s 77).\n35A Nurse practitioner may give cause of death certificate to\nregistrar-general\n(1) This section applies if a nurse practitioner—\n(a) was responsible for a deceased person’s medical care\nimmediately before the deceased person’s death; and\n(b) is able to form an opinion as to the probable cause of death.\n\nBirths, Deaths and Marriages Registration Act 1997 Part 2\nSection 8\nA2026-5 Nurse Practitioners Legislation Amendment Act 2026 page 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The nurse practitioner may give the registrar-general a cause of death\ncertificate for the deceased person within 48 hours after the deceased\nperson’s death.\n(3) However, a nurse practitioner must not give the registrar-general a\ncause of death certificate if the nurse practitioner believes on\nreasonable grounds that—\n(a) a doctor or another nurse practitioner has already given the\nregistrar-general a cause of death certificate for the deceased\nperson; or\n(b) the death has been reported to a coroner.\nNote 1 A nurse practitioner must not give a cause of death certificate in certain\ncircumstances (see Cemeteries and Crematoria Act 2020, s 42).\nNote 2 Deaths must be reported to a coroner in certain circumstances (see\nCoroners Act 1997, s 77).\n8 Section 36 heading\nsubstitute\n36 Death certificate issued before inquest completed\n9 New section 36 (2)\ninsert\n(2) In this section:\ndeath certificate means a certificate issued by the registrar-general\nunder section 45, certifying particulars contained in an entry in the\nregister of a person’s death.\n10 Section 36 (as amended)\nrelocate after section 38, as new section 38AA\n\nPart 2 Births, Deaths and Marriages Registration Act 1997\nSection 11\npage 6 Nurse Practitioners Legislation Amendment Act 2026 A2026-5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 New division 6.3\nafter section 37, insert\nDivision 6.3 Registration of deaths\n12 New section 69A\ninsert\n69A Review of section 35A\n(1) The Health Minister must review the operation of section 35A (Nurse\npractitioner may give cause of death certificate to registrar-general)\nas soon as practicable after the end of 3 years after the day\nsection 35A commences.\n(2) The Health Minister must present a report of the review to the\nLegislative Assembly within 6 months after the day the review is\nstarted.\n(3) In this section:\nHealth Minister means the Minister administering the Health\nPractitioner Regulation National Law (ACT) Act 2010.\n(4) This section expires 4 years after the day it commences.\n13 Dictionary, note 2\ninsert\n• nurse practitioner\n14 Dictionary, new definition of cause of death certificate\ninsert\ncause of death certificate, for a deceased person, for part 6\n(Registration of deaths)—see section 32F.\n\nCemeteries and Crematoria Act 2020 Part 3\nSection 15\nA2026-5 Nurse Practitioners Legislation Amendment Act 2026 page 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Cemeteries and Crematoria\nAct 2020\n15 Section 13\nsubstitute\n13 Meaning of certification document—pt 3\nIn this part:\ncertification document, for the human remains of a deceased person,\nmeans—\n(a) a doctor’s certificate of fetal death for the deceased person\nmentioned in the Births, Deaths and Marriages Registration\nAct 1997, section 5 (Notification of births); or\n(b) a cause of death certificate for the deceased person; or\n(c) a coroner’s certificate for the deceased person mentioned in the\nCoroners Act 1997, section 15 (Control and release of body of\ndeceased); or\n(d) if the human remains are of a deceased person who died outside\nthe ACT—a document (however described), issued under a law\nof the place where the person died, that substantially\ncorresponds to a certificate mentioned in paragraph (a), (b) or\n(c).\n16 Section 42 heading\nsubstitute\n42 Offences—cause of death certificate not to be given by\ndoctor or nurse practitioner\n\nPart 3 Cemeteries and Crematoria Act 2020\nSection 17\npage 8 Nurse Practitioners Legislation Amendment Act 2026 A2026-5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Section 42 (1) (b)\nsubstitute\n(b) the person is a doctor or nurse practitioner; and\n(c) the person gives the registrar-general a cause of death certificate\nfor the deceased person.\n18 Section 42 (2) (a) and (b)\nsubstitute\n(a) is a doctor or nurse practitioner; and\n(b) gives the registrar-general a cause of death certificate for a\ndeceased person; and\n19 Dictionary, new definition of cause of death certificate\ninsert\ncause of death certificate, for a deceased person—see the Births,\nDeaths and Marriages Registration Act 1997, section 32F.\n20 Dictionary, note 2\ninsert\n• doctor\n• midwife\n• nurse\n• nurse practitioner\n\nCoroners Act 1997 Part 4\nSection 21\nA2026-5 Nurse Practitioners Legislation Amendment Act 2026 page 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Coroners Act 1997\n21 Coroner’s jurisdiction in relation to deaths\nSection 13 (1) (e) and (f)\nsubstitute\n(e) dies and no cause of death certificate has been given by a doctor\nor nurse practitioner; or\nNote A cause of death certificate is to be given within 48 hours after the\ndeceased person’s death (see Births, Deaths and Marriages\nRegistration Act 1997, s 35 and s 35A).\n(f) dies not having been attended by a doctor or nurse practitioner\nat any time within the 6 months before the death; or\n22 Section 13 (5), new definition of cause of death certificate\ninsert\ncause of death certificate, for a deceased person—see the Births,\nDeaths and Marriages Registration Act 1997, section 32F.\n23 Dictionary, note 2\ninsert\n• nurse practitioner\n\nPart 5 Medical Treatment (Health Directions) Act 2006\nSection 24\npage 10 Nurse Practitioners Legislation Amendment Act 2026 A2026-5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Medical Treatment (Health\nDirections) Act 2006\n24 Requirements for non-written health directions\nSection 9 (1)\nsubstitute\n(1) A health direction (other than a written direction) is not valid unless—\n(a) it is witnessed by 2 health professionals, present at the same\ntime; and\n(b) at least 1 of the witnessing health professionals is a doctor or a\nnurse practitioner.\n25 Dictionary, note 2\ninsert\n• nurse practitioner\n\nCemeteries and Crematoria Act 2020—Technical amendments Schedule 1\nAmendment [1.1]\nA2026-5 Nurse Practitioners Legislation Amendment Act 2026 page 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Cemeteries and Crematoria\nAct 2020—Technical\namendments\n(see s 3)\n[1.1] Section 7\nomit\nExplanatory note\nThis amendment omits a redundant definition.\n[1.2] Section 17 (6)\nomit\nright of burial certificate\nsubstitute\nright to burial certificate\nExplanatory note\nThis amendment corrects a reference to a defined term.\n[1.3] Section 30 (2) (c)\nomit\ncertificate of right to interment\nsubstitute\nright to interment certificate\nExplanatory note\nThis amendment corrects a reference to a defined term.\n\nSchedule 1 Cemeteries and Crematoria Act 2020—Technical amendments\nAmendment [1.4]\npage 12 Nurse Practitioners Legislation Amendment Act 2026 A2026-5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.4] Section 30 (6) and (7) (a) (ii)\nomit\nright of interment certificate\nsubstitute\nright to interment certificate\nExplanatory note\nThis amendment corrects a reference to a defined term.\n[1.5] Section 54 (3) (f)\nomit\nright of burial or right of interment\nsubstitute\nright to burial or right to interment\nExplanatory note\nThis amendment corrects a reference to a defined term.\n[1.6] Dictionary, definition of death certificate\nomit\nExplanatory note\nThis amendment omits a redundant definition.\n\nCemeteries and Crematoria Act 2020—Technical amendments Schedule 1\nAmendment [1.7]\nA2026-5 Nurse Practitioners Legislation Amendment Act 2026 page 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.7] Dictionary, definition of licensee receipt, paragraph (a)\nomit\nright of burial or right of interment\nsubstitute\nright to burial or right to interment\nExplanatory note\nThis amendment corrects a reference to a defined term.\n\npage 14 Nurse Practitioners Legislation Amendment Act 2026 A2026-5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 4 December 2025.\n2 Notification\nNotified under the Legislation Act on 5 March 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\nI certify that the above is a true copy of the Nurse Practitioners Legislation\nAmendment Bill 2026, which originated in the Legislative Assembly as the\nNurse Practitioners Legislation Amendment Bill 2025 and was passed by the\nAssembly on 25 February 2026.\nClerk of the Legislative Assembly\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Scope is expanded: the Act extends authority to issue a cause of death certificate from doctors to include nurse practitioners (Births, Deaths and Marriages Registration Act 1997, s 32F and s 35A). Consequential amendments revise coronial triggers (Coroners Act 1997, s 13), cemetery/crematoria certification and offence rules (Cemeteries and Crematoria Act 2020, ss 13, 42), and health‑direction witnessing rules (Medical Treatment (Health Directions) Act 2006, s 9). A statutory review of the nurse‑practitioner certification power is required after 3 years (s 69A)."},"complexity_factors":["Cross‑Act amendments: alters four separate Acts (Births, Deaths and Marriages Registration Act 1997; Cemeteries and Crematoria Act 2020; Coroners Act 1997; Medical Treatment (Health Directions) Act 2006), increasing coordination needs.","New defined term and role expansion: inserts 'cause of death certificate' definition and authorises nurse practitioners to give such certificates (Births, Deaths and Marriages Registration Act 1997, s 32F; s 35A).","Time and liability constraints: 48‑hour time limit to provide certificate and a strict liability offence for doctors (s 35(2)–(3)); similar restrictions and prohibitions apply to nurse practitioners (s 35A(2)–(3)).","Coronial interaction: modifies coroners’ jurisdiction triggers to account for certificates by nurse practitioners (Coroners Act 1997, s 13 amendments), creating procedural dependencies between registrars and coroners.","Cemeteries/crematoria consequences: updates what counts as a certification document and offence provisions to include nurse practitioners (Cemeteries and Crematoria Act 2020, ss 13, 42), affecting release/burial processes.","Administrative review and sunset: requires a statutory review of the nurse‑practitioner power after 3 years with a reporting deadline (Births, Deaths and Marriages Registration Act 1997, s 69A) and the review provision expires after 4 years.","Health direction witness rule change: non‑written health directions must be witnessed by two health professionals with at least one doctor or nurse practitioner (Medical Treatment (Health Directions) Act 2006, s 9(1)).","Technical corrections: multiple minor term corrections in the Cemeteries and Crematoria Act schedule, creating modest legislative housekeeping and potential republishing issues.","Compliance and process impacts: registrars, coroners and cemetery operators must update procedures to recognise nurse‑practitioner certificates and enforce new offence provisions (implicit across amended sections).","Evidential note: defendants carry an evidential burden for some exemptions (Criminal Code reference noted in s 35(4) note), affecting defence practice."],"plain_english_summary":"This Act lets nurse practitioners, as well as doctors, issue a ‘cause of death certificate’ and updates related laws so those certificates work with death registration, coronial reporting, cemeteries/crematoria and non-written health directions. Certificates must generally be given within 48 hours and there are penalties for failing to provide them. The Health Minister must review the nurse-practitioner certification power after three years. The change affects nurse practitioners, doctors, registrar processes, coroners and cemetery/crematoria operators."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its stated purpose of amending laws about nurse practitioners. While it touches four different Acts, all amendments relate directly to recognising nurse practitioner authority in death certification and health directions. The technical amendments in Schedule 1 are minor corrections to terminology in the Cemeteries and Crematoria Act and do not represent scope creep."},"complexity_factors":["Amends 4 separate Acts simultaneously (Births, Deaths and Marriages Registration; Cemeteries and Crematoria; Coroners; Medical Treatment)","Creates cross-referenced definitions ('cause of death certificate' defined in one Act and referenced in others)","Conditional logic distinguishing between mandatory duties (doctors 'must') and permissive powers (nurse practitioners 'may')","Nested exceptions (section 35A(3) contains exceptions to the permissive power)","Sunset clause for review provision (section 69A expires after 4 years)","Technical amendments in Schedule 1 require tracking terminology changes across multiple sections","Evidential burden notes referencing the Criminal Code"],"plain_english_summary":"This law lets nurse practitioners certify deaths and sign cause‑of‑death certificates, bringing their paperwork into the territory’s death registration, cremation/burial and coroner systems. It affects nurse practitioners, doctors, families, funeral services and patients with advance directions, and aims to reduce certification delays (notably after‑hours and in rural areas).\n\nSafeguards bar NPs from certifying suspected coronial cases or where another clinician has certified, and the law requires a mandatory review after three years."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/nurse-practitioners-legislation-amendment-act-2026","history":"/api/acts/nurse-practitioners-legislation-amendment-act-2026/history","analysis":"/api/acts/nurse-practitioners-legislation-amendment-act-2026/analysis","conflicts":"/api/acts/nurse-practitioners-legislation-amendment-act-2026/conflicts","importantCases":"/api/acts/nurse-practitioners-legislation-amendment-act-2026/important-cases","documents":"/api/acts/nurse-practitioners-legislation-amendment-act-2026/documents"}}