Health Practitioner Regulation (Adoption of National Law) Act 2009
In ForceNSW
Jurisdiction
New South Wales
Act Number
86 of 2009
Collection
act
Plain English Summary
7/10 complexity
The Act adopts the Queensland Health Practitioner Regulation National Law for New South Wales with specified NSW modifications. It creates State Councils for 12 health professions, embeds guiding principles that place protection of public health and safety as paramount, declares NSW a co‑regulatory jurisdiction (not participating in certain national health/performance/conduct processes), sets how the complaints component of registration fees is to be decided, and confirms Ministerial control over Councils subject to carve‑outs for complaint and assessment functions.
The Health Practitioner Regulation (Adoption of National Law) Act 2009 (the Adoption Act) operates as the vehicle by which New South Wales participates in the National Registration and Accreditation Scheme for health practitioners. At its core, s 4(1) applies the Health Practitioner Regulation National Law (set out in the Schedule to the Queensland Health Practitioner Regulation National Law Act 2009) as a law of NSW, subject to the modifications contained in Schedule 1 of the Adoption Act. Once applied, it “may be referred to as the Health Practitioner Regulation National Law (NSW)” and “applies as if it were a part of this Act” (s 4(1)(c)).
The Adoption Act therefore does three things. First, it creates the legal architecture for national registration: a practitioner registered under the National Law in any participating jurisdiction is taken to be registered in NSW (see the definition of “registered health practitioner” in s 5 of the National Law as modified). Second, it establishes NSW-specific institutions and processes that depart from the pure national model. Most notably, s 6 declares that NSW is a “co-regulatory jurisdiction” and does not participate in the health, performance and conduct process contained in Divisions 3–12 of Part 8 of the National Law. Instead, ss 6A–6C designate Professional Standards Committees, Councils, Performance Review Panels and the Civil and Administrative Tribunal (NCAT) as “adjudication bodies” and “co-regulatory authorities”. Third, the Adoption Act overlays a detailed NSW complaints and disciplinary regime (Schedule 1, cl 12 et seq.) that substitutes for the national Part 8. This regime includes:
definitions of “unsatisfactory professional conduct” (s 139B–139D) and “professional misconduct” (s 139E) that are broader than the national equivalents;
Current sections
Direct links to the current provisions in Health Practitioner Regulation (Adoption of National Law) Act 2009.
Adoption of Health Practitioner Regulation National Law
Part 2 Adoption of Health Practitioner Regulation National Law
Part 2 Adoption of Health Practitioner Regulation National Law
4
Adoption of Health Practitioner Regulation National Law
4 Adoption of Health Practitioner Regulation National Law
4 Adoption of Health Practitioner Regulation National Law
(1) 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—
(a) applies as a law of this jurisdiction, with the modifications set out in Schedule 1, and
(2) If, after the commencement of this subsection, the Parliament of Queensland amends the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, the amendment (the Queensland amendment) does not apply in New South Wales until a regulation is made applying the Queensland amendment as an amendment to the Health Practitioner Regulation National Law (NSW), with or without modification.
(3) A regulation made under subsection (2) that applies a Queensland amendment with modification may, for that purpose, amend the Schedule to this Act.
(4) Despite the Interpretation Act 1987, section 39, a regulation made under subsection (2) may commence on the day the Queensland amendment commences, including a day that is earlier than the day the regulation is published on the NSW legislation website.
(5) A regulation made under subsection (2) is repealed on the day after all of its provisions have commenced.
(6) The repeal of a regulation under subsection (5) does not affect the application of the Queensland amendment, with or without modification, provided for by the regulation.
s 4: Am 2010 No 34, Sch 1 [3]; 2022 No 6, Sch 1.1.
5
Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction
5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction
5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction
Magistrate means a person appointed under the Local Court Act 2007 to be a Judge of the Local Court.
this jurisdiction means New South Wales.
s 5: Am 2025 No 61, Sch 2.48.
6
Health, performance and conduct process not to apply: co-regulatory jurisdiction
6 Health, performance and conduct process not to apply: co-regulatory jurisdiction
6 Health, performance and conduct process not to apply: co-regulatory jurisdiction
It is declared that this jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3–12 of Part 8 of the Health Practitioner Regulation National Law.
s 6: Subst 2010 No 34, Sch 1 [4].
6A
Adjudication body
6A Adjudication body
6A Adjudication body
Each of the following entities is declared to be an adjudication body for the purposes of the Health Practitioner Regulation National Law—
(a) a Professional Standards Committee,
(b) a Council,
(c) a Performance Review Panel.
(d) (Repealed)
s 6A: Ins 2010 No 34, Sch 1 [4]. Am 2012 No 39, Sch 1.1 [1].
6B
Co-regulatory authority
6B Co-regulatory authority
6B Co-regulatory authority
Each Council is declared to be a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law.
s 6B: Ins 2010 No 34, Sch 1 [4].
6C
Responsible tribunal for Health Practitioner Regulation National Law
6C Responsible tribunal for Health Practitioner Regulation National Law
6C Responsible tribunal for Health Practitioner Regulation National Law
The Civil and Administrative Tribunal is declared to be the responsible tribunal for the purposes of the Health Practitioner Regulation National Law.
s 6C: Ins 2010 No 34, Sch 1 [4]. Am 2013 No 95, Sch 6.4 [1].
s 7: Subst 2010 No 34, Sch 1 [5]. Am 2010 No 59, Sch 2.42; 2015 No 58, Sch 3.40 [1]; 2018 No 70, Sch 4.47[1] [2].
Part 3
Miscellaneous
Part 3 Miscellaneous
Part 3 Miscellaneous
8
Regulations
8 Regulations
8 Regulations
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.
9
Review of Act
9 Review of Act
9 Review of Act
(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.
(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.
(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.
Schedule 1
Modification of Health Practitioner Regulation National Law
Schedule 1 Modification of Health Practitioner Regulation National Law
Schedule 1 Modification of Health Practitioner Regulation National Law
sch 1: Ins 2010 No 34, Sch 1 [6]. Am 2010 No 57, Sch 1.10; 2010 No 97, Sch 2.11; 2010 No 119, Schs 1.15 [1] [2], 2.23; 2010 No 127, Sch 4.9; 2011 No 4, Sch 2.13; 2012 No 39, Sch 1.1 [2]–[27]; 2013 No 24, Sch 3 [1]–[4]; 2013 No 95, Schs 2.74, 6.4 [2]–[65]; 2014 No 64, Sch 2.6; 2014 No 84, Sch [1]–[8]; 2015 No 2, Sch 1.4 [1] [2]; 2015 No 7, Sch 2.20; 2015 No 15, Sch 2.24; 2015 No 58, Sch 3.40 [2]–[6]; 2016 No 4, Sch 1 [1]–[37]; 2017 No 22, Sch 1.10; 2017 No 50, Sch 1 [1]–[8]; 2018 No 22, Sch 2 [1]–[12]; 2018 No 25, Sch 1.14; 2018 No 33, Sch 5.8 [1] [2]; 2018 No 70, Sch 4.47[3]; 2018 No 73, Sch 3 [1] [2]; 2019 No 1, Sch 1.6; 2020 No 1, Sch 2.10; 2020 No 32, Sch 2[1]–[7]; 2022 No 41, Sch 2[1]–[4]; 2022 (668), Sch 1[1]–[6] (am 2023 (48), Sch 1[7] [8]) [6]; 2023 No 37, Sch 3[1] [2]; 2024 No 26, Sch 2[1]–[14]; 2025 (227), Sch 1[7]; 2025 No 30, Sch 2[1]–[3].
1A
Sections 3A and 3B
1A Sections 3A and 3B
[1A] Sections 3A and 3B
Insert after section 3—
5A
Section 5, definitions of “NSW provision” and “NSW regulation”
5A Section 5, definitions of “NSW provision” and “NSW regulation”
[5A] Section 5, definitions of “NSW provision” and “NSW regulation”
This definition is an additional New South Wales provision.
NSW regulation means a regulation made under section 247A.
Note.
This definition is an additional New South Wales provision.
Part 5A
New South Wales Councils [NSW]
Part 5A New South Wales Councils [NSW]
Part 5A New South Wales Councils [NSW]
Note.
This Part is an additional New South Wales provision.
Division 1
Preliminary [NSW]
Division 1 Preliminary [NSW]
Division 1 Preliminary [NSW]
Division 2
Councils [NSW]
Division 2 Councils [NSW]
Division 2 Councils [NSW]
Division 3
Proceedings of Councils [NSW]
Division 3 Proceedings of Councils [NSW]
Division 3 Proceedings of Councils [NSW]
Division 4
Administration [NSW]
Division 4 Administration [NSW]
Division 4 Administration [NSW]
Division 5
Finance [NSW]
Division 5 Finance [NSW]
Division 5 Finance [NSW]
10
Section 121A
10 Section 121A
[10] Section 121A
Insert after section 121—
10A
Section 127AA
10A Section 127AA
[10A] Section 127AA
Insert after section 127A—
11
Section 129 Professional indemnity insurance arrangements
11 Section 129 Professional indemnity insurance arrangements
[11] Section 129 Professional indemnity insurance arrangements
Insert after section 129 (1)—
Note.
See also the Health Care Liability Act 2001 which provides that medical practitioners practising in New South Wales must be covered by approved professional indemnity insurance within the meaning of that Act.
11A
Section 136A
11A Section 136A
[11A] Section 136A
Insert after section 136—
12
Part 8 Health, performance and conduct
12 Part 8 Health, performance and conduct
[12] Part 8 Health, performance and conduct
Insert after the heading to the Part—
Note.
This Part, other than Division 2, is a substituted New South Wales provision.
13
Part 8, Division 1
13 Part 8, Division 1
[13] Part 8, Division 1
Omit the Division. Insert instead—
14
Part 8, Division 2
14 Part 8, Division 2
[14] Part 8, Division 2
Insert after the heading to the Division—
Note.
This Division is a Health Practitioner Regulation National Law provision.
14AC
Section 142A
14AC Section 142A
[14AC] Section 142A
Insert after section 142—
14A
Section 143A
14A Section 143A
[14A] Section 143A
Insert after section 143—
15
Part 8, Divisions 3–14B
15 Part 8, Divisions 3–14B
[15] Part 8, Divisions 3–14B
Omit Divisions 3–14. Insert instead—
sch.1-sec.15-frag-div.3-sdiv.1
Making complaints [NSW]
sch.1-sec.15-frag-div.3-sdiv.1 Making complaints [NSW]
Subdivision 1 Making complaints [NSW]
sch.1-sec.15-frag-div.3-sdiv.2
How complaints are to be dealt with [NSW]
sch.1-sec.15-frag-div.3-sdiv.2 How complaints are to be dealt with [NSW]
Subdivision 2 How complaints are to be dealt with [NSW]
sch.1-sec.15-frag-div.3-sdiv.3
Disciplinary powers of Professional Standards Committees [NSW]
sch.1-sec.15-frag-div.3-sdiv.3 Disciplinary powers of Professional Standards Committees [NSW]
Subdivision 3 Disciplinary powers of Professional Standards Committees [NSW]
sch.1-sec.15-frag-div.3-sdiv.4
Dealing with complaints by Assessment Committee [NSW]
sch.1-sec.15-frag-div.3-sdiv.4 Dealing with complaints by Assessment Committee [NSW]
Subdivision 4 Dealing with complaints by Assessment Committee [NSW]
sch.1-sec.15-frag-div.3-sdiv.5
Dealing with complaint by inquiry at meeting of Council [NSW]
sch.1-sec.15-frag-div.3-sdiv.5 Dealing with complaint by inquiry at meeting of Council [NSW]
Subdivision 5 Dealing with complaint by inquiry at meeting of Council [NSW]
sch.1-sec.15-frag-div.3-sdiv.6
Disciplinary powers of Tribunals [NSW]
sch.1-sec.15-frag-div.3-sdiv.6 Disciplinary powers of Tribunals [NSW]
Subdivision 6 Disciplinary powers of Tribunals [NSW]
sch.1-sec.15-frag-div.3-sdiv.7
Powers of a Council for protection of public [NSW]
sch.1-sec.15-frag-div.3-sdiv.7 Powers of a Council for protection of public [NSW]
Subdivision 7 Powers of a Council for protection of public [NSW]
sch.1-sec.15-frag-div.3-sdiv.8
Duty of courts etc to refer matters to Executive Officer [NSW]
sch.1-sec.15-frag-div.3-sdiv.8 Duty of courts etc to refer matters to Executive Officer [NSW]
Subdivision 8 Duty of courts etc to refer matters to Executive Officer [NSW]
sch.1-sec.15-frag-div.5-sdiv.1
Preliminary [NSW]
sch.1-sec.15-frag-div.5-sdiv.1 Preliminary [NSW]
Subdivision 1 Preliminary [NSW]
sch.1-sec.15-frag-div.5-sdiv.2
Council may obtain performance assessment [NSW]
sch.1-sec.15-frag-div.5-sdiv.2 Council may obtain performance assessment [NSW]
Subdivision 2 Council may obtain performance assessment [NSW]
sch.1-sec.15-frag-div.5-sdiv.3
Assessment of professional performance by assessor [NSW]
sch.1-sec.15-frag-div.5-sdiv.3 Assessment of professional performance by assessor [NSW]
Subdivision 3 Assessment of professional performance by assessor [NSW]
sch.1-sec.15-frag-div.5-sdiv.4
Performance review by Performance Review Panel [NSW]
sch.1-sec.15-frag-div.5-sdiv.4 Performance review by Performance Review Panel [NSW]
Subdivision 4 Performance review by Performance Review Panel [NSW]
This Act is the Health Practitioner Regulation (Adoption of National Law) Act 2009.
s 1: Subst 2010 No 34, Sch 1 [1].
2 Commencement
2 Commencement
2 Commencement
(1) Subject to subsection (2), this Act commences on 1 July 2010.
(2) A proclamation made before 1 July 2010 may appoint a day that is later than 1 July 2010 as the day on which this Act commences.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
Health Practitioner Regulation National Law (NSW) means the provisions applying in this jurisdiction because of section 4.
(2) Terms used in Part 2 and also in the Health Practitioner Regulation National Law (NSW) have the same meaning in Part 2 as they have in that Law.
s 3: Am 2010 No 34, Sch 1 [2].
Part 2 Adoption of Health Practitioner Regulation National Law
Part 2 Adoption of Health Practitioner Regulation National Law
Part 2 Adoption of Health Practitioner Regulation National Law
4 Adoption of Health Practitioner Regulation National Law
4 Adoption of Health Practitioner Regulation National Law
4 Adoption of Health Practitioner Regulation National Law
(1) 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—
(a) applies as a law of this jurisdiction, with the modifications set out in Schedule 1, and
(b) as so applying may be referred to as the Health Practitioner Regulation National Law (NSW), and
(c) so applies as if it were a part of this Act.
a tiered complaints pathway (ss 144–145J) involving the Health Care Complaints Commission (HCCC), Councils and NCAT;
powers of immediate action under s 150 to suspend or impose conditions where there is a risk to public health or safety;
performance assessment and review mechanisms (Division 5 of Part 8 as substituted);
prohibition orders under s 149C(5) that can prevent a person from providing any health service, not merely the regulated profession.
The Act also contains pharmacy-specific controls in Schedule 5F. Clause 3 prohibits carrying on a pharmacy business unless the premises are approved by the Pharmacy Council and all holders of a financial interest are recorded in the Register of Pharmacies. Ownership is restricted to pharmacists, pharmacists’ partnerships, pharmacists’ bodies corporate, friendly societies (with Ministerial approval) and certain pre-existing bodies corporate (cll 5–7). These provisions are enforced through offences carrying penalty units of up to 100.
Financial and administrative provisions (Part 5A of the National Law as modified) establish 14 profession-specific Councils, each a body corporate with perpetual succession (s 41B). Councils exercise complaint, performance review and impairment functions independently of the National Boards, subject to Ministerial direction only on non-adjudicative matters (s 41DA). Annual reporting obligations (s 41H) and public access to conditions and orders (s 41I) promote transparency.
In short, the Adoption Act is the NSW-specific “glue” that integrates the national scheme while preserving a robust, locally accountable system of professional regulation, complaint investigation and public protection.
Who it affects
The Adoption Act’s reach is deliberately wide. Its primary subjects are:
Registered health practitioners – anyone holding registration in one of the 15 professions under the National Law (medical, nursing and midwifery, pharmacy, physiotherapy, psychology, osteopathy, optometry, chiropractic, podiatry, occupational therapy, medical radiation practice, Chinese medicine, dental, paramedicine and Aboriginal and Torres Strait Islander health practice). The Act applies to both general and specialist registrants, as well as those with limited, provisional or non-practising registration.
Students – persons enrolled in an approved program of study or undertaking clinical training for one of the above professions (s 5 of the National Law). Students are subject to impairment and conduct provisions and may have conditions imposed or registration suspended (ss 144A, 149C, 152M).
Councils and their committees – the 14 profession-specific Councils established under s 41B, together with Professional Standards Committees, Performance Review Panels, Impaired Registrants Panels and Assessment Committees. These bodies exercise the bulk of day-to-day regulatory functions in NSW.
The Health Care Complaints Commission (HCCC) – the Adoption Act integrates the HCCC into the complaints pathway. Mandatory notifications under s 130 are deemed complaints to both the Council and the HCCC (s 139I), and the HCCC must consult with Councils before taking action (s 145A).
Employers and accreditors – hospitals, aged-care facilities, private practices and any entity that employs or accredits a registered health practitioner must be notified of conditions, suspensions or cancellations where the Council or Tribunal considers there is a risk to public safety (ss 176BA–176BB). Employers also have dual notification obligations under ss 142 and 142A.
Pharmacy owners and operators – Schedule 5F imposes a separate ownership and approval regime. Only pharmacists, pharmacists’ partnerships, pharmacists’ bodies corporate, approved friendly societies and certain pre-2006 bodies corporate may own or hold a financial interest in a pharmacy business (cll 5–7). The Pharmacy Council must approve premises and maintain the Register of Pharmacies (cll 12, 14).
The public – as ultimate beneficiaries of the protective regime. Members of the public may lodge complaints (s 144B), are entitled to information about conditions and orders (s 41I), and are protected by prohibition orders that can bar unsuitable individuals from providing any health service (s 149C(5)).
The National Boards and Australian Health Practitioner Regulation Agency (Ahpra) – while the National Boards retain registration functions, they must give effect to NSW decisions on complaints, suspensions and conditions (ss 176, 176A). The Adoption Act therefore creates a hybrid national–state regulatory environment.
Key duties and rights
Duties of practitioners
Competence and conduct: A practitioner must maintain sufficient physical, mental, knowledge, skill and communication capacity (s 139). Failure to do so may found a complaint of lack of competence (s 144(c)).
Mandatory notification: Practitioners must notify the National Board if they reasonably believe another practitioner has engaged in notifiable conduct or a student has an impairment that may place the public at risk (s 130). In NSW such notifications are deemed complaints (s 139I).
Disclosure of financial interests: When referring a patient to another provider or recommending a health product in which the practitioner has a financial interest, that interest must be disclosed (s 139B(1)(i)).
Insurance: Medical practitioners must hold approved professional indemnity insurance (note to s 129).
Record-keeping and infection control: NSW regulations may prescribe standards (s 247A(2)(c)–(d)).
Rights of practitioners
Natural justice: Before adverse action, a practitioner is entitled to notice, an opportunity to respond, and (in most cases) a hearing before a Committee or the Tribunal (ss 145I, 165I, 171B).
Review and appeal: A practitioner may apply to the appropriate review body for review of conditions or suspension (s 150A, Division 8), appeal to NCAT on questions of law or by way of rehearing (ss 158–160), and ultimately seek judicial review.
Representation: Practitioners may be represented by an Australian legal practitioner before the Tribunal (s 165J) and may be accompanied by an adviser before a Committee (s 171B).
Duties of Councils
Complaints management: Councils must consult with the HCCC (s 145A), assess complaints expeditiously (s 145), and refer serious matters to the Tribunal (s 145D).
Protective action: Where public health or safety is at risk, a Council must exercise interim powers under s 150.
Transparency: Councils must publish conditions and orders (s 41I) and include complaint statistics in annual reports (s 41H).
Financial viability: The Minister may direct delegation of functions if a Council is not financially viable (s 41NA).
Rights of the public and complainants
Lodge complaints: Any person may complain (s 144B). Complaints need not use technical language (s 144D(2)).
Notification: Complainants must be kept informed of outcomes (s 145BA).
Access to information: Subject to confidentiality, the public may obtain details of conditions and orders (s 41I).
Penalties and enforcement
The Adoption Act creates a graduated enforcement regime.
Criminal offences
Carrying on an unapproved pharmacy business or failing to register financial interests: 50–100 penalty units (cl 3 of Schedule 5F).
Breaching a prohibition order: offence under s 102 of the Public Health Act 2010 (note to s 149C(5)).
Impersonating an authorised person or assessor: 50 penalty units (ss 164E, 6 of Schedule 5B).
Obstructing an authorised person or assessor: 50 penalty units (s 164C, cl 5 of Schedule 5B).
Failure to comply with a notice to produce documents or answer questions: 20 penalty units (ss 150J(3), 164G(2)).
Civil and disciplinary sanctions
A finding of unsatisfactory professional conduct may result in caution, reprimand, conditions, fine up to 50 penalty units, or referral to the Tribunal (ss 146B–146C).
Professional misconduct may lead to suspension or cancellation (s 149C).
Critical compliance conditions or orders, once breached, trigger automatic cancellation (s 149C(3)).
Interim action under s 150 may suspend registration or impose conditions pending full investigation.
Prohibition orders can bar a person from providing any health service permanently (s 149C(5)).
Enforcement bodies
Councils exercise immediate protective powers (s 150) and may refer matters to the HCCC or Tribunal.
HCCC investigates serious complaints and may prosecute before the Tribunal.
Authorised persons appointed by the Secretary may enter premises, seize records and require answers (ss 164–164A).
NCAT (Occupational Division) hears appeals and disciplinary matters with a panel including a senior judicial officer, two peer practitioners and a lay member (s 165B).
How it interacts with other laws
The Adoption Act is expressly linked to a constellation of NSW statutes.
Health Care Complaints Act 1993: Complaints under the Adoption Act are deemed complaints under the HCCC Act (ss 139I, 143A). The HCCC and Councils must consult (s 145A) and the HCCC may investigate or refer to the Tribunal or a Committee.
Civil and Administrative Tribunal Act 2013: NCAT’s procedures apply subject to the specific procedural rules in Schedule 5D (e.g. closed hearings, costs, representation).
Government Sector Finance Act 2018 and Government Sector Audit Act 1983: Councils must prepare annual reports including complaint statistics (s 41H) and are subject to audit.
Poisons and Therapeutic Goods Act 1966 and Drug Misuse and Trafficking Act 1985: Additional definitions of “unsatisfactory professional conduct” for pharmacists and medical practitioners reference offences under these Acts (ss 139C, 139D).
Private Health Facilities Act 2007 and Health Services Act 1997: Employers in public and private facilities have dual notification obligations (s 142A).
Interpretation Act 1987: Generally excluded from the National Law (s 7(1)(f)) but applies to NSW provisions (s 7(2)(e1)).
Health Records and Information Privacy Act 2002 and Privacy and Personal Information Protection Act 1998: Excluded from the National Law but apply to NSW provisions (s 7).
Commonwealth legislation is engaged indirectly: the Health Insurance Act 1973 (Cth) offences are incorporated into the definition of unsatisfactory professional conduct for medical practitioners (s 139C(1)(a)(iv)).
Recent changes and why
The Adoption Act has been amended on more than 30 occasions. Key recent changes include:
Health Practitioner Regulation National Law (NSW) Amendment (Review) Act 2016: Introduced culturally safe practice as a guiding principle (s 3A(a1)), expanded the definition of “unsatisfactory professional conduct” to include overservicing and failure to disclose financial interests, and strengthened performance assessment processes. The changes responded to the 2015 independent review of the National Law which identified gaps in cultural safety and complaints handling.
Health Legislation Amendment Act (No 2) 2018: Allowed appeals against Council reprimands (s 159(1)(a1)), clarified that appeals to NCAT are by way of new hearing (s 159(3A)), and substituted s 176D to provide that suspension does not automatically end registration. These amendments improved procedural fairness and addressed anomalies exposed in NCAT decisions.
Health Legislation (Miscellaneous) Amendment Act (No 2) 2022: Extended the time for appeals from 28 days after written notice of reasons to 28 days after notice of the decision itself (s 161(a)). The change prevents technical dismissals where reasons are supplied late.
Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025: Further amendments to guiding principles and mandatory reporting provisions (not yet fully commenced at the time of writing).
These changes reflect a policy shift toward greater transparency, cultural safety (especially for Aboriginal and Torres Strait Islander peoples), and procedural fairness while preserving the protective purpose of the scheme.
Court challenges and controversies
Several decisions illustrate the tension between national uniformity and NSW co-regulation.
Health Care Complaints Commission v Ng (2022): The Tribunal emphasised that a single instance of unsatisfactory professional conduct may amount to professional misconduct if sufficiently serious (applying s 139E). The case clarified that “cumulative” conduct need not involve identical breaches.
Prakash v Health Care Complaints Commission [2006] NSWCA 153: Although pre-dating the National Law, the Court of Appeal’s analysis of the “public interest” test under predecessor legislation continues to guide s 150 immediate action decisions. Councils must balance the practitioner’s interests against the paramount consideration of public protection.
Kirbach v Health Care Complaints Commission [2022] NSWCATOD 58: The Tribunal upheld a prohibition order preventing a deregistered practitioner from providing any health service, confirming the breadth of s 149C(5).
Controversy over “cosmetic surgery” reforms (2022–2023): Following high-profile cases of botched procedures, NSW introduced additional restrictions on who may perform certain procedures. These amendments to the National Law (NSW) were criticised by some national boards as fragmenting the scheme, yet were defended by NSW as necessary to protect vulnerable patients.
The co-regulatory model has been challenged on constitutional grounds (e.g. whether NSW’s departure from the national complaints pathway is inconsistent with the Intergovernmental Agreement), but courts have upheld the validity of the Adoption Act.
Gotchas
Most practitioners and even some lawyers miss the following:
Deemed complaints: A notification under s 130 or a mandatory notification is automatically a complaint to both the Council and the HCCC (ss 139I, 143A). Many practitioners assume internal reporting ends the matter.
Critical compliance conditions: A condition expressed to be “critical” (ss 146B(4), 149A(4), 150FA) means any breach triggers automatic cancellation. Tribunals have repeatedly held that ignorance or inadvertence is no excuse.
Financial interest in referrals: Section 139B(1)(i) catches indirect interests (e.g. shares in a private company held by a spouse’s family trust). The 5 % threshold for public companies does not apply to private companies.
Pharmacy ownership: A pharmacist who holds a security interest (mortgage, charge) over a pharmacy business must still ensure the business is conducted by a pharmacist in charge; failure can lead to prosecution under cl 11 of Schedule 5F.
Protected reports: Reports prepared for Impaired Registrants Panels, performance assessors or expert witnesses are “protected reports” (s 138(1)). They cannot be used in civil proceedings without consent of both the author and the subject (s 176F).
Section 150 orders are not stayed by appeal: An appeal to NCAT against a s 150 suspension does not operate as a stay unless the Tribunal orders otherwise (s 161B). Practitioners have been caught practising while believing an appeal protected them.
Dual employer notification: Hospitals must report under both the Adoption Act and the Health Services Act 1997. Compliance with one satisfies the other only if the Secretary has approved alternative reporting (s 142A).
How to comply
For practitioners
Maintain appropriate professional indemnity insurance and keep evidence on file.
Disclose any financial interest before referring or recommending (s 139B(1)(i)).
If you become aware of notifiable conduct or impairment, notify the National Board within the required timeframe.
If subject to a complaint, preserve all relevant records and seek legal advice before responding.
Comply strictly with any conditions, especially those designated “critical”.
For pharmacists, ensure the pharmacy business is conducted only in approved premises and that all financial interests are notified and registered.
For Councils and the HCCC
Consult early on every complaint (s 145A).
Use s 150 powers judiciously but promptly where there is an identifiable risk.
Ensure reasons for decisions are adequate, particularly when confidential information is withheld (ss 148H, 156F).
Notify employers and accreditors of conditions or suspensions as soon as practicable (ss 176BA–176BB).
For pharmacy owners
Obtain Council approval before commencing or altering a pharmacy business.
Submit annual declarations by the due date (cl 15 of Schedule 5F).
Maintain policies and systems that demonstrably support safe and competent service delivery.
Ensure a pharmacist is in charge at all times the premises are open.
General compliance tips
Treat every complaint, notification or condition as potentially career-defining. Early engagement with experienced regulatory counsel is almost always cost-effective.
Document decision-making processes; Councils and the Tribunal place significant weight on contemporaneous records.
Stay abreast of amendments. The National Law is not static; cultural safety, mandatory reporting and telehealth rules continue to evolve.
By embedding the national scheme within a robust NSW co-regulatory framework, the Adoption Act achieves both consistency and local accountability. Compliance is not merely a box-ticking exercise; it is the practical expression of the guiding principle that “the protection of the health and safety of the public must be the paramount consideration” (s 3A(1)).
Section 4Adoption of Health Practitioner Regulation National Law
(2) If, after the commencement of this subsection, the Parliament of Queensland amends the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, the amendment (the Queensland amendment) does not apply in New South Wales until a regulation is made applying the Queensland amendment as an amendment to the Health Practitioner Regulation National Law (NSW), with or without modification.
(3) A regulation made under subsection (2) that applies a Queensland amendment with modification may, for that purpose, amend the Schedule to this Act.
(4) Despite the Interpretation Act 1987, section 39, a regulation made under subsection (2) may commence on the day the Queensland amendment commences, including a day that is earlier than the day the regulation is published on the NSW legislation website.
(5) A regulation made under subsection (2) is repealed on the day after all of its provisions have commenced.
(6) The repeal of a regulation under subsection (5) does not affect the application of the Queensland amendment, with or without modification, provided for by the regulation.
s 4: Am 2010 No 34, Sch 1 [3]; 2022 No 6, Sch 1.1.
5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction
5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction
5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction
In the Health Practitioner Regulation National Law (NSW)—
Magistrate means a person appointed under the Local Court Act 2007 to be a Judge of the Local Court.
this jurisdiction means New South Wales.
s 5: Am 2025 No 61, Sch 2.48.
6 Health, performance and conduct process not to apply: co-regulatory jurisdiction
6 Health, performance and conduct process not to apply: co-regulatory jurisdiction
6 Health, performance and conduct process not to apply: co-regulatory jurisdiction
It is declared that this jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3–12 of Part 8 of the Health Practitioner Regulation National Law.
s 6: Subst 2010 No 34, Sch 1 [4].
6A Adjudication body
6A Adjudication body
6A Adjudication body
Each of the following entities is declared to be an adjudication body for the purposes of the Health Practitioner Regulation National Law—
(a) a Professional Standards Committee,
(b) a Council,
(c) a Performance Review Panel.
(d) (Repealed)
s 6A: Ins 2010 No 34, Sch 1 [4]. Am 2012 No 39, Sch 1.1 [1].
6B Co-regulatory authority
6B Co-regulatory authority
6B Co-regulatory authority
Each Council is declared to be a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law.
s 6B: Ins 2010 No 34, Sch 1 [4].
6C Responsible tribunal for Health Practitioner Regulation National Law
6C Responsible tribunal for Health Practitioner Regulation National Law
6C Responsible tribunal for Health Practitioner Regulation National Law
The Civil and Administrative Tribunal is declared to be the responsible tribunal for the purposes of the Health Practitioner Regulation National Law.
s 6C: Ins 2010 No 34, Sch 1 [4]. Am 2013 No 95, Sch 6.4 [1].
7 Application of legislation of this jurisdiction
7 Application of legislation of this jurisdiction
7 Application of legislation of this jurisdiction
(1) Subject to subsection (2), the following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (NSW) or to the instruments made under that Law—
(a) (Repealed)
(b) the Freedom of Information Act 1989,
(c) the Government Information (Information Commissioner) Act 2009,
(d) the Government Information (Public Access) Act 2009,
(d1) the Government Sector Audit Act 1983,
(d2) the Government Sector Finance Act 2018,
(e) the Health Records and Information Privacy Act 2002,
(f) the Interpretation Act 1987,
(g) the Ombudsman Act 1974,
(h) the Privacy and Personal Information Protection Act 1998,
(i) (Repealed)
(j) the Government Sector Employment Act 2013,
(k) the Subordinate Legislation Act 1989.
(2) The following Acts of this jurisdiction apply to the NSW provisions of the Health Practitioner Regulation National Law (NSW) and to the instruments made under the NSW provisions—
(a) (Repealed)
(b) the Freedom of Information Act 1989,
(c) the Government Information (Information Commissioner) Act 2009,
(d) the Government Information (Public Access) Act 2009,
(d1) the Government Sector Audit Act 1983,
(d2) the Government Sector Finance Act 2018,
(e) the Health Records and Information Privacy Act 2002,
(e1) the Interpretation Act 1987,
(f) the Ombudsman Act 1974,
(g) the Privacy and Personal Information Protection Act 1998,
(h) (Repealed)
(i) the Subordinate Legislation Act 1989.
s 7: Subst 2010 No 34, Sch 1 [5]. Am 2010 No 59, Sch 2.42; 2015 No 58, Sch 3.40 [1]; 2018 No 70, Sch 4.47[1] [2].
Part 3 Miscellaneous
Part 3 Miscellaneous
Part 3 Miscellaneous
8 Regulations
8 Regulations
8 Regulations
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.
9 Review of Act
9 Review of Act
9 Review of Act
(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.
(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.
(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.
Schedule 1 Modification of Health Practitioner Regulation National Law
Schedule 1 Modification of Health Practitioner Regulation National Law
Schedule 1 Modification of Health Practitioner Regulation National Law
sch 1: Ins 2010 No 34, Sch 1 [6]. Am 2010 No 57, Sch 1.10; 2010 No 97, Sch 2.11; 2010 No 119, Schs 1.15 [1] [2], 2.23; 2010 No 127, Sch 4.9; 2011 No 4, Sch 2.13; 2012 No 39, Sch 1.1 [2]–[27]; 2013 No 24, Sch 3 [1]–[4]; 2013 No 95, Schs 2.74, 6.4 [2]–[65]; 2014 No 64, Sch 2.6; 2014 No 84, Sch [1]–[8]; 2015 No 2, Sch 1.4 [1] [2]; 2015 No 7, Sch 2.20; 2015 No 15, Sch 2.24; 2015 No 58, Sch 3.40 [2]–[6]; 2016 No 4, Sch 1 [1]–[37]; 2017 No 22, Sch 1.10; 2017 No 50, Sch 1 [1]–[8]; 2018 No 22, Sch 2 [1]–[12]; 2018 No 25, Sch 1.14; 2018 No 33, Sch 5.8 [1] [2]; 2018 No 70, Sch 4.47[3]; 2018 No 73, Sch 3 [1] [2]; 2019 No 1, Sch 1.6; 2020 No 1, Sch 2.10; 2020 No 32, Sch 2[1]–[7]; 2022 No 41, Sch 2[1]–[4]; 2022 (668), Sch 1[1]–[6] (am 2023 (48), Sch 1[7] [8]) [6]; 2023 No 37, Sch 3[1] [2]; 2024 No 26, Sch 2[1]–[14]; 2025 (227), Sch 1[7]; 2025 No 30, Sch 2[1]–[3].
1A Sections 3A and 3B
1A Sections 3A and 3B
[1A] Sections 3A and 3B
Insert after section 3—
1A Guiding principles [NSW]
1A Guiding principles [NSW]
3A Guiding principles [NSW]
(1) The main guiding principle of the national registration and accreditation scheme is that the protection of the health and safety of the public must be the paramount consideration.
(2) The other guiding principles of the national registration and accreditation scheme are as follows—
(a) the scheme is to operate in a transparent, accountable, efficient, effective and fair way;
(a1) the scheme is to ensure the development of a culturally safe and respectful health workforce that—
(i) is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and
(ii) contributes to the elimination of racism in the provision of health services;
Example—
Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.
(b) fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;
(c) restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.
Note—
This section is a substituted New South Wales provision.
1A Objective and guiding principle [NSW]
1A Objective and guiding principle [NSW]
3B Objective and guiding principle [NSW]
In the exercise of functions under a NSW provision, the protection of the health and safety of the public must be the paramount consideration.
Note.
This section is an additional New South Wales provision.
1 Section 5 Definitions
1 Section 5 Definitions
[1] Section 5 Definitions
Omit the definitions of health panel, panel, performance and professional standards panel, performance assessment, professional misconduct, prohibition order, relevant action, unprofessional conduct, unsatisfactory professional performance and voluntary notification.
2 Section 5
2 Section 5
[2] Section 5
Insert the following in alphabetical order—
health panel
Note.
This definition is not applicable to New South Wales.
panel
Note.
This definition is not applicable to New South Wales.
performance and professional standards panel
Note.
This definition is not applicable to New South Wales.
performance assessment
Note.
This definition is not applicable to New South Wales.
professional misconduct
Note.
This definition is not applicable to New South Wales.
prohibition order
Note.
This definition is not applicable to New South Wales.
relevant action
Note.
This definition is not applicable to New South Wales.
unprofessional conduct
Note.
This definition is not applicable to New South Wales.
unsatisfactory professional performance
Note.
This definition is not applicable to New South Wales.
voluntary notification means a complaint or other notification made under Part 8, other than a mandatory notification.
3 Section 5, definition of “adjudication body”
3 Section 5, definition of “adjudication body”
[3] Section 5, definition of “adjudication body”
Insert after the definition—
Note.
See section 6A of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that Professional Standards Committees, Councils and Performance Review Panels are all adjudication bodies for the purposes of the Health Practitioner Regulation National Law.
4 Section 5, definition of “co-regulatory authority”
4 Section 5, definition of “co-regulatory authority”
[4] Section 5, definition of “co-regulatory authority”
Insert after the definition—
Note.
See section 6B of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that each Council is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law.
5 Section 5, definition of “co-regulatory jurisdiction”
5 Section 5, definition of “co-regulatory jurisdiction”
[5] Section 5, definition of “co-regulatory jurisdiction”
Insert after the definition—
Note.
See section 6 of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that this jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8 of the Health Practitioner Regulation National Law. As a consequence, New South Wales is a co-regulatory jurisdiction.
5A Section 5, definitions of “NSW provision” and “NSW regulation”
5A Section 5, definitions of “NSW provision” and “NSW regulation”
[5A] Section 5, definitions of “NSW provision” and “NSW regulation”
Insert in alphabetical order—
This is an opening excerpt, not the complete document.