HEALTH PRACTITIONER REGULATION NATIONAL LAW (ACT)

18 September 2024. It also includes any commencement, amendment, repeal or expiry affecting the republished law to 18 September 2024. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. National Law This Law is 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 (Qld). This Law applies in the ACT as if it were part of the Health Practitioner Regulation National Law (ACT) Act 2010 and must be read with that Act (see that Act, s 6). Note Certain territory laws do not apply to this Law or to instruments made under it (see the Health Practitioner Regulation National Law (ACT) Act 2010, s 9). Modifications In its application in the ACT this Law is modified by the Health Practitioner Regulation National Law (ACT) Act 2010. If a provision of the republished law is affected by a current modification, the provision appears as modified and the text of the modification is shaded.

contents 1 Page 1 Short title 2 2 Commencement 2 3 Objectives 2 3A Guiding principles 3 4 How functions to be exercised 4 5 Definitions 4 6 Interpretation generally 19 7 Single national entity 19 8 Extraterritorial operation of Law 20 9 Trans-Tasman mutual recognition principle 20 10 Law binds the State 20

Page contents 2 Health Practitioner Regulation National Law (ACT) 11 Policy directions 21 12 Approval of registration standards 22 13 Approvals in relation to specialist registration 23 14 Approval of endorsement in relation to scheduled medicines 24 15 Approval of areas of practice for purposes of endorsement 24 16 How Ministerial Council exercises functions 25 17 Notification and publication of directions and approvals 25 Part 4 Australian Health Practitioner Regulation Agency 23 National Agency 26 24 General powers of National Agency 26 25 Functions of National Agency 26 26 Health profession agreements 28 27 Co-operation with participating jurisdictions and Commonwealth 29 28 Office of National Agency 29 29 Agency Board 30 30 Functions of Agency Board 30 31 Regulations must provide for National Boards 32 31A Status of National Board 33 32 Powers of National Board 33 33 Membership of National Boards 34 34 Eligibility for appointment 36 35 Functions of National Boards 36 35A National Board consideration of criminal history 39 36 State and Territory Boards 40 37 Delegation of functions 41

Page contents 3 38 National board must develop registration standards 42 39 Codes and guidelines 43 40 Consultation about registration standards, codes and guidelines 43 41 Use of registration standards, codes or guidelines in disciplinary proceedings 44 42 Definition 45 43 Accreditation authority to be decided 46 44 National Agency may enter into contracts with external accreditation entities 46 45 Accreditation processes to be published 46 46 Development of accreditation standards 47 47 Approval of accreditation standards 47 48 Accreditation of programs of study 48 49 Approval of accredited programs of study 49 50 Accreditation authority to monitor approved programs of study 51 51 Changes to approval of program of study 51 52 Eligibility for general registration 53 53 Qualifications for general registration 54 54 Examination or assessment for general registration 55 55 Unsuitability to hold general registration 55 56 Period of general registration 56 57 Eligibility for specialist registration 57 58 Qualifications for specialist registration 58 59 Examination or assessment for specialist registration 59 60 Unsuitability to hold specialist registration 59

Page contents 4 Health Practitioner Regulation National Law (ACT) 61 Period of specialist registration 59 62 Eligibility for provisional registration 60 63 Unsuitability to hold provisional registration 60 64 Period of provisional registration 61 65 Eligibility for limited registration 62 66 Limited registration for postgraduate training or supervised practice 63 67 Limited registration for area of need 63 68 Limited registration in public interest 64 69 Limited registration for teaching or research 65 70 Unsuitability to hold limited registration 65 71 Limited registration not to be held for more than one purpose 65 72 Period of limited registration 66 73 Eligibility for non-practising registration 66 74 Unsuitability to hold non-practising registration 67 75 Registered health practitioner who holds non-practising registration must not practise the profession 67 76 Period of non-practising registration 68 77 Application for registration 68 78 Power to check applicant’s proof of identity 69 79 Power to check applicant’s criminal history 70 80 Boards’ other powers before deciding application for registration 70 81 Applicant may make submissions about proposed refusal of application or imposition of condition 72 82 Decision about application 73 83 Conditions of registration 74 83A Undertakings at registration 74 84 Notice to be given to applicant 74 85 Failure to decide application 75 85A Power to withdraw registration 75

Page contents 5 85B Registered health practitioner may make submissions about proposed withdrawal of registration 75 85C Decision about withdrawal of registration 76 85D Notice to be given to registered health practitioner 76 85E When decision takes effect 77 Subdivision 1 Persons undertaking approved programs of study 86 Definitions 77 87 National Board must register persons undertaking approved program of study 78 88 National Board may ask education provider for list of persons undertaking approved program of study 79 89 Registration of students 79 90 Period of student registration 80 Subdivision 2 Other persons to be registered as students 91 Education provider to provide lists of persons 81 Subdivision 3 General provisions applicable to students 92 Notice to be given if student registration suspended or condition imposed 82 93 Report to National Board of cessation of status as student 83 Subdivision 1 Endorsement in relation to scheduled medicines 94 Endorsement for scheduled medicines 84 Subdivision 2 Endorsement in relation to nurse practitioners 95 Endorsement as nurse practitioner 85 Subdivision 4 Endorsement in relation to acupuncture 97 Endorsement for acupuncture 86 Subdivision 5 Endorsements in relation to approved areas of practice 98 Endorsement for approved area of practice 87 Subdivision 6 Application for endorsement 99 Application for endorsement 88 100 Boards’ other powers before deciding application for endorsement 88 101 Applicant may make submissions about proposed refusal of application or imposition of condition 89

Page contents 6 Health Practitioner Regulation National Law (ACT) 102 Decision about application 90 103 Conditions of endorsement 90 103A Undertakings at endorsement 91 104 Notice of decision to be given to applicant 91 105 Period of endorsement 91 106 Failure to decide application for endorsement 92 Subdivision 1 Renewal of registration of registered health 107 Application for renewal of registration or endorsement 92 108 Registration taken to continue in force 93 109 Annual statement 93 110 National Board’s powers before making decision 95 111 Applicant may make submissions about proposed refusal of application for renewal or imposition of condition 95 112 Decision about application for renewal 96 Subdivision 2 Renewal of registration after suspension period 112A Application of Subdivision 98 112B Application for renewal of registration 98 112C End of registration 99 112D Sections 109 to 112 apply to application for renewal under this Subdivision 100 Subdivision 1 Title protections 113 Restriction on use of protected titles 100 114 Use of title “acupuncturist” 103 115 Restriction on use of specialist titles 103 115A Claims by persons as to membership of surgical class 104 116 Claims by persons as to registration as health practitioner 106 117 Claims by persons as to registration in particular profession or division 108 118 Claims by persons as to specialist registration 109 119 Claims about type of registration or registration in recognised specialty 111 120 Registered health practitioner registered on conditions 112

Page contents 7 121 Restricted dental acts 113 122 Restriction on prescription of optical appliances 114 123 Restriction on spinal manipulation 115 Subdivision 1 Certificates of registration 124 Issue of certificate of registration 116 Subdivision 2 Review of conditions and undertakings 125 Changing or removing conditions or undertaking on application by registered health practitioner or student 118 126 Changing conditions on Board’s initiative 120 127 Removal of condition or revocation of undertaking 121 127A When matters under this subdivision may be decided by review body of a co-regulatory jurisdiction 122 Subdivision 3 Obligations of registered health practitioners and 128 Continuing professional development 123 129 Professional indemnity insurance arrangements 124 130 Registered health practitioner or student to give National Board notice of certain events 124 131 Change in principal place of practice, address or name 127 131A Nomination of an alternative name 128 131B Use of names 129 132 National Board may ask registered health practitioner for practice information 129 Subdivision 4 Advertising 133 Advertising 131 Subdivision 5 Board’s powers to check identity and criminal history 134 Evidence of identity 132 135 Criminal history check 132 Subdivision 6 General 136 Directing or inciting unprofessional conduct or professional misconduct 133 137 Surrender of registration 133

Page contents 8 Health Practitioner Regulation National Law (ACT) 138 Application of Part to persons who are registered health practitioners 135 139 Proceedings in relation to practitioner’s behaviour while temporarily unregistered 135 139A Application of Part to persons who were registered health practitioners 136 139B Application of Part to persons who were registered under corresponding prior Act 137 140 Definition of notifiable conduct 137 141 Mandatory notifications by health practitioners other than treating practitioners 138 141A Mandatory notifications by treating practitioners of sexual misconduct 140 141B Mandatory notifications by treating practitioners of substantial risk of harm to public 141 141C When practitioner does not form reasonable belief in course of providing health service 142 142 Mandatory notifications by employers 144 143 Mandatory notifications by education providers 145 144 Grounds for voluntary notification 146 145 Who may make voluntary notification 147 Division 4 Making a notification 146 How notification is made 147 147 National Agency to provide reasonable assistance to notifier 148 148 Referral of notification to National Board or co-regulatory authority 148 149 Preliminary assessment 149 149A Power to require information 150 149B Inspection of documents 150 150 Relationship with health complaints entity 151 150A Referral to other entities 154 151 When National Board may decide to take no further action 155 152 National Board to give notice of receipt of notification 156

Page contents 9 Division 6 Other matters 153 National Board may deal with notifications about same person together 157 154 National Boards may deal with notifications collaboratively 157 155 Definition 158 156 Power to take immediate action 158 157 Show cause process 160 158 Notice to be given to registered health practitioner or student about immediate action 160 159 Period of immediate action 161 159A Board may give information to notifier about immediate action 162 159B Definitions 162 159C Issuing of interim prohibition order 163 159D Show cause process for interim prohibition orders 163 159E Decision to take urgent action to issue interim prohibition order 164 159F Duration of interim prohibition order 166 159G Revocation or variation of interim prohibition order 166 159H Extension of interim prohibition order by regulatory body 167 159I Regulatory body may give information to notifier about interim prohibition order 167 159J Application for extension of interim prohibition order by regulatory body 168 159K Decision about extension of interim prohibition order 169 159L Revocation of extended or substituted interim prohibition order by responsible tribunal 170 159M Variation of interim prohibition order by responsible tribunal 171 159N Publication of information about interim prohibition orders 172 159O Offences relating to interim prohibition orders 174 159P Definition 175 159Q Making of public statement 175 159R Show cause process for public statement 176 159S Revision of public statement by regulatory body 177 159T Revocation of public statement 177

Page contents 10 Health Practitioner Regulation National Law (ACT) Subdivision 1 Preliminary 160 When investigation may be conducted 178 161 Registered health practitioner or student to be given notice of investigation 179 162 Investigation to be conducted in timely way 180 Subdivision 2 Investigators 163 Appointment of investigators 180 164 Identity card 180 165 Display of identity card 181 Subdivision 3 Procedure after investigation 166 Investigator’s report about investigation 181 167 Joint decision by National Board and health complaints entity 182 167A Board may give information to notifier about result of investigation 183 168 Definition 183 169 Requirement for health assessment 183 170 Requirement for performance assessment 183 171 Appointment of assessor to carry out assessment 184 172 Notice to be given to registered health practitioner or student about assessment 184 173 Assessor may require information or attendance 185 174 Inspection of documents 185 175 Report from assessor 186 176 Copy of report to be given to health practitioner or student 186 177 Joint decision by National Board and health complaints entity 187 177A Board may give information to notifier about decision following assessor’s report 188 178 National Board may take action 188 179 Show cause process 191 180 Notice to be given to health practitioner or student and notifier 191 181 Establishment of health panel 192

Page contents 11 182 Establishment of performance and professional standards panel 193 183 List of approved persons for appointment to panels 194 184 Notice to be given to registered health practitioner or student 194 185 Procedure of panel 196 186 Legal representation 196 186A Role of health complaints entity 196 187 Submission by notifier 197 188 Panel may proceed in absence of registered health practitioner or student 197 189 Hearing not open to the public 197 190 Referral to responsible tribunal or National Board 197 191 Decision of panel 198 191A Decision of panel after reconsideration of suspension 200 191B Change of reconsideration date for suspension of registration 200 192 Notice to be given about panel’s decision 202 193 Matters to be referred to responsible tribunal 203 193A National Boards may decide not to refer certain matters 204 194 Parties to the proceedings 205 195 Costs 205 196 Decision by responsible tribunal about registered health practitioner 205 196A Offences relating to prohibition orders 207 197 Decision by responsible tribunal about student 208 198 Relationship with Act establishing responsible tribunal 208 199 Appellable decisions 209 200 Parties to the proceedings 211 201 Costs 211 202 Decision 211 203 Relationship with Act establishing responsible tribunal 212 204 Notice from adjudication body 212 205 Implementation of decisions 212

Page contents 12 Health Practitioner Regulation National Law (ACT) 206 National Board to give notice to registered health practitioner’s employer and other entities 213 207 Effect of suspension 215 208 Australian Health Practitioner Regulation Agency Fund 216 209 Payments into Agency Fund 216 210 Payments out of Agency Fund 217 211 Investment of money in Agency Fund 218 212 Financial management duties of National Agency and National Boards 218 212A Application of Commonwealth AIC Act 220 Division 1 Privacy 213 Application of Commonwealth Privacy Act 221 214 Definition 222 215 Application of Commonwealth FOI Act 222 216 Duty of confidentiality 223 217 Disclosure of information for workforce planning 224 218 Disclosure of information for information management and communication purposes 225 219 Disclosure of information to other Commonwealth, State and Territory entities 226 220 Disclosure to protect health or safety of patients or other persons 226 220A Disclosure of information about registered health practitioners to protect health or safety of persons 227 220B Disclosure of information about unregistered persons to protect health or safety of persons 229 221 Disclosure to registration authorities 230 222 Public national registers 230 223 Specialists Registers 232 224 Way registers are to be kept 233

Page contents 13 225 Information to be recorded in National Register or Specialists Register 233 226 National Board may decide not to include or to remove certain information in register 235 227 Register about former registered health practitioners 236 228 Inspection of registers 237 229 Student registers 237 230 Information to be recorded in student register 238 Division 5 Other records 231 Other records to be kept by National Boards 239 232 Record of adjudication decisions to be kept and made publicly available 239 233 Unique identifier to be given to each registered health practitioner 240 Division 1 Provisions relating to persons exercising functions under Law 234 General duties of persons exercising functions under this Law 241 235 Application of Commonwealth Ombudsman Act 241 236 Protection from personal liability for persons exercising functions 242 237 Protection from liability for persons making notification or otherwise providing information 243 238 Functions and powers of inspectors 244 239 Appointment of inspectors 244 240 Identity card 244 241 Display of identity card 245 241A Proceedings for indictable offences 246 242 Proceedings for other offences 246 243 Conduct may constitute offence and be subject of disciplinary proceedings 246 244 Evidentiary certificates 247

Page contents 14 Health Practitioner Regulation National Law (ACT) 245 National regulations 248 246 Parliamentary scrutiny of national regulations 249 247 Effect of disallowance of national regulation 250 248 Combined notice may be given 250 249 Fees 251 250 Definitions 252 251 References to registered health practitioners 253 252 Directions given by Ministerial council 253 253 Accreditation functions exercised by existing accreditation entities 253 254 Health profession standards approved by Ministerial Council 254 255 Accreditation standards approved by National Board 254 Division 3 Advisory Council 256 Members of Advisory Council 255 Division 4 National Agency 257 Health profession agreements 255 258 Service agreement 256 259 Members of Agency Management Committee 256 Division 6 Staff, consultants and contractors of National Agency 260 Chief executive officer 257 261 Staff 257 262 Consultants and contractors 258 263 Annual report 258 Division 8 National Boards 264 Members of National Boards 258 265 Committees 259

Page contents 15 266 Delegation 259 267 Agency Fund 260 Division 10 Offences 268 Offences 260 269 General registration 260 270 Specialist registration 261 271 Provisional registration 262 272 Limited registration 262 273 Limited registration (public interest-occasional practice) 263 274 Non-practising registration 263 275 Registration for existing registered students 264 276 Registration for new students 264 277 Other registrations 264 278 Endorsements 265 279 Conditions imposed on registration or endorsement 266 280 Expiry of registration and endorsement 267 281 Protected titles for certain specialist health practitioners 267 282 First renewal of registration or endorsement 268 283 Programs of study 268 284 Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery 269 Division 12 Applications for registration and endorsement 285 Applications for registration 271 286 Applications for endorsement 271 287 Disqualifications and conditions relevant to applications for registration 271 288 Complaints and notifications made but not being dealt with on participation day 272 289 Complaints and notifications being dealt with on participation day 273 290 Effect of suspension 273 291 Undertakings and other agreements 274 292 Orders 274

Page contents 16 Health Practitioner Regulation National Law (ACT) 293 List of approved persons 275 294 Definition 275 295 Assets and liabilities 275 296 Records relating to registration and accreditation 276 297 Financial and administrative records 277 298 Pharmacy businesses and premises 277 299 Members of local registration authority 277 300 Application of Law to relevant health profession between commencement and 1 July 2012 278 301 Ministerial Council may appoint external accreditation entity 279 302 Application of Law to appointment of first National Board for relevant professions 279 303 Qualifications for general registration in relevant profession 280 304 Relationship with other provisions of Law 280 Part 13 Transitional and other provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2017 306 Definitions 281 307 Establishment of Paramedicine Board 282 308 Powers and functions of Paramedicine Board 282 309 Paramedicine Board taken to be a National Board for stated matters 283 310 CAA accredited programs of study 283 311 Qualifications for general registration in paramedicine for a limited period 284 312 Accepted qualification for general registration in paramedicine 285 313 Provisions that apply to student registration for Diploma of Paramedical Science 285 314 Applications for registration in paramedicine and period of registration 286 315 Applications for registration in paramedicine made but not decided before participation day 286 316 Period after participation day during which an individual does not commit an offence under ss 113 and 116 287

Page contents 17 317 Application of ss 113 and 116 to individual temporarily practising paramedicine in another jurisdiction 287 318 Deciding review period for decision on application made under section 125 before commencement 288 319 Deciding review period for decision after notice given under section 126 before commencement 288 320 Membership of continued National Boards 289 321 Offences relating to prohibition orders made before commencement 289 322 Register to include prohibition orders made before commencement 290 323 Public national registers 290 Part 14 Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 324 Renaming of Agency Management Committee 291 325 Saving of endorsement of midwife practitioner 291 Part 15 Transitional provision for Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023 326 Application of ss 196A, 222, 223 and 227 to particular prohibition orders 293 Schedule 2 Agency Board 294 Part 1 General 294 1 Definitions 294 Part 2 Constitution 295 2 Terms of office of members 295 3 Remuneration 295 4 Vacancy in office of member 295 5 Vacancies to be advertised 297 6 Extension of term of office during vacancy in membership 297 7 Members to act in public interest 298 8 Disclosure of conflict of interest 298

Page contents 18 Health Practitioner Regulation National Law (ACT) Part 3 Procedure 300 9 General procedure 300 10 Quorum 300 11 Chief executive officer may attend meetings 300 12 Presiding member 300 13 Voting 300 14 Transaction of business outside meetings or by telecommunication 301 15 First meeting 301 16 Defects in appointment of members 301 Schedule 3 National Agency 302 Part 1 Chief executive officer 302 1 Chief executive officer 302 2 Functions of chief executive officer 302 3 Delegation and subdelegation by chief executive officer 303 4 Vacancy in office 303 Part 2 Staff, consultants and contractors 304 5 Staff of National Agency 304 6 Staff seconded to National Agency 304 7 Consultants and contractors 304 Part 3 Reporting obligations 305 8 Annual report 305 9 Reporting by National Boards 306 Schedule 4 National Boards 307 Part 1 General 307 1 Definitions 307 Part 2 Constitution 308 2 Terms of office of members 308 3 Remuneration 308 4 Vacancy in office of member 308 5 Vacancies to be advertised 309

Page contents 19 6 Extension of term of office during vacancy in membership 310 7 Members to act in public interest 310 8 Disclosure of conflict of interest 311 Part 3 Functions and powers 313 9 Requirement to consult other National Boards 313 10 Boards may obtain assistance 313 11 Committees 313 Part 4 Procedure 314 12 General procedure 314 13 Quorum 314 14 Presiding member 314 15 Voting 314 16 Transaction of business outside meetings or by telecommunication 314 17 First meeting 315 18 Defects in appointment of members 315 Schedule 5 Investigators 316 Part 1 Power to obtain information 316 1 Powers of investigators 316 2 Offence for failing to produce information or attend before investigator 316 3 Inspection of documents 318 Part 2 Power to enter places 319 4 Entering places 319 5 Application for warrant 319 6 Issue of warrant 319 7 Application by electronic communication 320 8 Procedure before entry under warrant 322 9 Powers after entering places 322 10 Offences for failing to comply with requirement under clause 9 323 11 Seizure of evidence 324 12 Securing seized things 325 13 Receipt for seized things 325 14 Forfeiture of seized thing 325

Page contents 20 Health Practitioner Regulation National Law (ACT) 15 Dealing with forfeited things 326 16 Return of seized things 326 17 Access to seized things 327 Part 3 General matters 328 18 Damage to property 328 19 Compensation 328 20 False or misleading information 329 21 False or misleading documents 329 22 Obstructing investigators 330 23 Impersonation of investigators 330 Schedule 6 Inspectors 331 Part 1 Power to obtain information 331 1 Powers of inspectors 331 2 Offence for failing to produce information or attend before inspector 331 3 Inspection of documents 333 Part 2 Power to enter places 334 4 Entering places 334 5 Application for warrant 334 6 Issue of warrant 334 7 Application by electronic communication 335 8 Procedure before entry under warrant 337 9 Powers after entering places 337 10 Offences for failing to comply with requirement under clause 9 338 11 Seizure of evidence 339 12 Securing seized things 339 13 Receipt for seized things 340 14 Forfeiture of seized thing 340 15 Dealing with forfeited things 341 16 Return of seized things 341 17 Access to seized things 342 Part 3 General matters 343 18 Damage to property 343

Page contents 21 19 Compensation 343 20 False or misleading information 344 21 False or misleading documents 344 22 Obstructing inspectors 345 23 Impersonation of inspectors 345 Schedule 7 Miscellaneous provisions relating to interpretation 346 Part 1 Preliminary 346 1 Displacement of Schedule by contrary intention 346 Part 2 General 347 2 Law to be construed not to exceed legislative power of Legislature 347 3 Every section to be a substantive enactment 347 4 Material that is, and is not, part of this Law 347 5 References to particular Acts and to enactments 348 6 References taken to be included in Act or Law citation etc 348 7 Interpretation best achieving Law’s purpose 349 8 Use of extrinsic material in interpretation 349 9 Effect of change of drafting practice and use of examples 351 10 Use of examples 351 11 Compliance with forms 352 Part 3 Terms and references 353 12 Definitions 353 13 Provisions relating to defined terms and gender and number 358 14 Meaning of “may” and “must” etc 359 15 Words and expressions used in statutory instruments 359 16 Effect of express references to bodies corporate and individuals 359 17 Production of records kept in computers etc 360 18 References to this jurisdiction to be implied 360 19 References to officers and holders of offices 360 20 Reference to certain provisions of Law 361 21 Reference to provisions of this Law or an Act is inclusive 362

Page contents 22 Health Practitioner Regulation National Law (ACT) Part 4 Functions and powers 363 22 Performance of statutory functions 363 23 Power to make instrument or decision includes power to amend or repeal 363 24 Matters for which statutory instruments may make provision 364 25 Presumption of validity and power to make 365 26 Appointments may be made by name or office 366 27 Acting appointments 366 28 Powers of appointment imply certain incidental powers 368 29 Delegation of functions 369 30 Exercise of powers between enactment and commencement 371 Part 5 Distance, time and age 374 31 Matters relating to distance, time and age 374 Part 6 Effect of repeal, amendment or expiration 376 32 Time of Law ceasing to have effect 376 33 Repealed Law provisions not revived 376 34 Saving of operation of repealed Law provisions 376 35 Continuance of repealed provisions 377 36 Law and amending Acts to be read as one 377 Part 7 Instruments under Law 378 37 Schedule applies to statutory instruments 378 Part 8 Application to coastal sea 379 38 Application 379 1 About the endnotes 380 2 Abbreviation key 380 3 Legislation history 381 4 Amendment history 384 5 Earlier republications 400

An Act providing for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners

1 Short title This Law may be cited as the Health Practitioner Regulation National Law.

2 Commencement This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that

3 Objectives (1) The object of this Law is to establish a national registration and accreditation scheme for— (a) the regulation of health practitioners; and (b) the registration of students undertaking— (i) programs of study that provide a qualification for registration in a health profession; or (ii) clinical training in a health profession. (2) The objectives of the national registration and accreditation scheme are— (a) to provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered; and (b) to facilitate workforce mobility across Australia by reducing the administrative burden for health practitioners wishing to move between participating jurisdictions or to practise in more than one participating jurisdiction; and (c) to facilitate the provision of high quality education and training of health practitioners; and

(ca) to build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander Peoples; and (d) to facilitate the rigorous and responsive assessment of overseas- trained health practitioners; and (e) to facilitate access to services provided by health practitioners in accordance with the public interest; and (f) to enable the continuous development of a flexible, responsive and sustainable Australian health workforce and to enable innovation in the education of, and service delivery by, health practitioners.

3A Guiding principles (1) The main guiding principle of the national registration and accreditation scheme is that the following are paramount— (a) protection of the public; (b) public confidence in the safety of services provided by registered health practitioners and students. (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; (aa) 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; 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 (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.

4 How functions to be exercised An entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national registration and accreditation scheme set out in sections 3 and 3A.

5 Definitions ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 (Cwlth). accreditation authority means— (a) an external accreditation entity; or (b) an accreditation committee. accreditation committee means a committee established by a National Board to exercise an accreditation function for a health profession for which the Board is established.

accreditation standard, for a health profession, means a standard used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes necessary to practise the profession in Australia. accredited program of study means a program of study accredited under section 48 by an accreditation authority. adjudication body means— (a) a panel; or (b) a responsible tribunal; or (c) a Court; or (d) an entity of a co-regulatory jurisdiction that is declared in the Act applying this Law to be an adjudication body for the Agency Board means the Australian Health Practitioner Regulation Agency Board established by section 29. Agency Fund means the Australian Health Practitioner Regulation Agency Fund established by section 208. appropriate professional indemnity insurance arrangements, in relation to a registered health practitioner, means professional indemnity insurance arrangements that comply with an approved registration standard for the health profession in which the practitioner is registered. approved accreditation standard means an accreditation standard— (a) approved by a National Board under section 47 (3); and (b) published on the Board’s website under section 47 (6). approved area of practice, for a health profession, means an area of practice approved under section 15 for the profession.

approved program of study, for a health profession or for endorsement of registration in a health profession, means an accredited program of study— (a) approved under section 49 (1) by the National Board established for the health profession; and (b) included in the list published by the National Agency under section 49 (5). approved qualification— (a) for a health profession, means a qualification obtained by completing an approved program of study for the profession; and (b) for endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement. approved registration standard means a registration standard— (a) approved by the Ministerial Council under section 12; and (b) published on the website of the National Board that developed the standard. Australian legal practitioner means a person who— (a) is admitted to the legal profession under the law of a State or Territory; and (b) holds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession. COAG Agreement means the agreement for a national registration and accreditation scheme for health professions, made on

26 March 2008 between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory. Note A copy of the COAG Agreement is available on the National Agency’s website.

co-regulatory authority, for a co-regulatory jurisdiction, means an entity that is declared by the Act applying this Law in the co-regulatory jurisdiction to be a co-regulatory authority for the co-regulatory jurisdiction means a participating jurisdiction in which the Act applying this Law declares that the jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8. corresponding prior Act means a law of a participating jurisdiction that— (a) was in force before the day on which the jurisdiction became a participating jurisdiction; and (b) established an entity having functions that included— (i) the registration of persons as health practitioners; or (ii) health, conduct or performance action. criminal history, of a person, means the following— (a) every conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law; (b) every plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence; (c) every charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law. criminal history law means a law of a participating jurisdiction that provides that spent or other convictions do not form part of a person’s criminal history and prevents or does not require the disclosure of those convictions.

division, of a health profession, means a part of a health profession for which a Division is included in the National Register kept for the education provider means— (a) a university; or (b) a tertiary education institution, or another institution or organisation, that provides vocational training; or (c) a specialist medical college or other health profession college. entity includes a person and an unincorporated body. exercise a function includes perform a duty. external accreditation entity means an entity, other than a committee established by a National Board, that exercises an accreditation function. health assessment means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the health complaints entity means an entity— (a) that is established by or under an Act of a participating (b) whose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system. health, conduct or performance action means action that— (a) a National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8; or

(b) a co-regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co-regulatory jurisdiction, substantially corresponds to a proceeding under Part 8. health panel means a panel established under section 181. health practitioner means an individual who practises a health health profession means the following professions, and includes a recognised specialty in any of the following professions— (a) Aboriginal and Torres Strait Islander health practice; (b) Chinese medicine; (c) chiropractic; (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist); (e) medical; (f) medical radiation practice; (g) midwifery; (ga) nursing; (h) occupational therapy; (i) optometry; (j) osteopathy; (ja) paramedicine; (k) pharmacy; (l) physiotherapy; (m) podiatry;

(n) psychology. Note See Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions. health profession agreement has the meaning given by section 26. health program means a program providing education, prevention, early intervention, treatment or rehabilitation services relating to physical or mental impairments, disabilities, conditions or disorders, including substance abuse or dependence. health service includes the following services, whether provided as public or private services— (a) services provided by registered health practitioners; (b) hospital services; (c) mental health services; (d) pharmaceutical services; (e) ambulance services; (f) community health services; (g) health education services; (h) welfare services necessary to implement any services referred to in paragraphs (a) to (g); (i) services provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists; (j) pathology services. health service provider means a person who provides a health service.

impairment, in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect— (a) for a registered health practitioner or an applicant for registration in a health profession, the person’s capacity to practise the profession; or (b) for a student, the student’s capacity to undertake clinical training— (i) as part of the approved program of study in which the student is enrolled; or (ii) arranged by an education provider. interim prohibition order, for Division 7A of Part 8, see section 159B. local registration authority means an entity having functions under a law of a State or Territory that include the registration of persons as health practitioners. mandatory notification means a notification an entity is required to make to the National Agency under Division 2 of Part 8. medical practitioner means a person who is registered under this Law in the medical profession. Ministerial Council means a body, however described, that consists of the Minister of each participating jurisdiction, and the Commonwealth, who is responsible, or principally responsible, for matters relating to health. National Agency means the Australian Health Practitioner Regulation Agency established by section 23. National Board means a National Health Practitioner Board continued or established by regulations made under section 31.

National Register means the Register kept by a National Board under section 222. national registration and accreditation scheme means the scheme— (a) referred to in the COAG Agreement; and (b) established by this Law. notification means— (a) a mandatory notification; or (b) a voluntary notification. notifier means a person who makes a notification. panel means— (a) a health panel; or (b) a performance and professional standards panel. participating jurisdiction means a State or Territory— (a) that is a party to the COAG Agreement; and (b) in which— (i) this Law applies as a law of the State or Territory; or (ii) a law that substantially corresponds to the provisions of this Law has been enacted. performance and professional standards panel means a panel established under section 182. performance assessment means an assessment of the knowledge, skill or judgment possessed, or care exercised by, a registered health practitioner in the practice of the health profession in which the practitioner is registered. police commissioner means the commissioner of the police force or police service of a participating jurisdiction or the Commonwealth.

practice arrangement, between a registered health practitioner or unregistered person, and an entity— (a) includes— (i) a contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or (ii) an agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but (b) does not include a contract or agreement not directly related to the provision of a health service. principal place of practice, for a registered health practitioner, means the address declared by the practitioner to be the address— (a) at which the practitioner is predominantly practising the (b) if the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner’s principal place of residence. professional misconduct, of a registered health practitioner, includes— (a) unprofessional conduct by the practitioner that amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and

(b) more than one instance of unprofessional conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and (c) conduct of the practitioner, whether occurring in connection with the practice of the health practitioner’s profession or not, that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession. program of study means a program of study provided by an education provider. prohibition order means— (a) a decision by a responsible tribunal of this jurisdiction under section 196 (4) (b) or (c); or (b) a decision by a responsible tribunal of another participating jurisdiction under section 196 (4) (b) or (c) as it applies in the other jurisdiction; or (c) a prohibition order under section 149C (5) of the Health Practitioner Regulation National Law (NSW); or (d) a decision under section 107 (4) (b) of the Health Ombudsman Act 2013 (Qld). psychologist means a person registered under this Law in the psychology profession. public health facility includes— (a) a public hospital; and (b) a public health, teaching or research facility. recognised specialty means a specialty in a health profession that has been approved by the Ministerial Council under section 13 (2).

registered health practitioner means an individual who— (a) is registered under this Law to practise a health profession, other than as a student; or (b) holds non-practising registration under this Law in a health registration authority means— (a) a local registration authority; or (b) an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that registration standard means a registration standard developed by a National Board under section 38. registration status, in relation to an applicant for registration, includes— (a) any undertakings given by the applicant to a registration authority, whether before or after the commencement of this (b) any conditions previously imposed on the applicant’s registration by a registration authority, whether before or after the commencement of this Law; and (c) any decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant’s practice of the profession, whether before or after the commencement of this (d) any investigation commenced by a registration authority or a health complaints entity into the applicant’s conduct, performance or possible impairment but not finalised at the time of the application.

regulatory body, in relation to a person, means any of the following— (a) the National Agency; (b) for a person who is or was a registered health practitioner—a National Board for a health profession in which the person is or was registered. relevant action, for Division 10 of Part 8, see section 178. relevant fee, for a service provided by a National Board, means the fee— (a) set under a health profession agreement between the Board and the National Agency for the service; and (b) published on the Board’s website under section 26 (3). relevant provision— (a) for Division 7A of Part 8, see section 159B; or (b) for Division 7B of Part 8, see section 159P. responsible Minister means a Minister responsible for the administration of this Law in a participating jurisdiction. responsible tribunal means a tribunal or court that— (a) is declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction, or (b) is declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that review period, for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under section 125, 126 or 127.

scheduled medicine means a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth. specialist health practitioner means a person registered under this Law in a recognised specialty. Specialists Register means a register kept by a National Board under section 223. specialist title, in relation to a recognised specialty, means a title that is approved by the Ministerial Council under section 13 as being a specialist title for that recognised specialty. State or Territory Board has the meaning given by section 36. student means a person whose name is entered in a student register as being currently registered under this Law. student register, for a health profession, means a register kept under section 229 by the National Board established for the profession. suspension period, in relation to a person’s registration in a health profession, for Subdivision 2 of Division 9 of Part 7, see section 112A. unprofessional conduct, of a registered health practitioner, means professional conduct that is of a lesser standard than that which might reasonably be expected of the health practitioner by the public or the practitioner’s professional peers, and includes— (a) a contravention by the practitioner of this Law, whether or not the practitioner has been prosecuted for, or convicted of, an offence in relation to the contravention; and (b) a contravention by the practitioner of— (i) a condition to which the practitioner’s registration was subject; or

(ii) an undertaking given by the practitioner to the National Board that registers the practitioner; and (c) the conviction of the practitioner for an offence under another Act, the nature of which may affect the practitioner’s suitability to continue to practise the profession; and (d) providing a person with health services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person’s well-being; and (e) influencing, or attempting to influence, the conduct of another registered health practitioner in a way that may compromise patient care; and (f) accepting a benefit as inducement, consideration or reward for referring another person to a health service provider or recommending another person use or consult with a health service provider; and (g) offering or giving a person a benefit, consideration or reward in return for the person referring another person to the practitioner or recommending to another person that the person use a health service provided by the practitioner; and (h) referring a person to, or recommending that a person use or consult, another health service provider, health service or health product if the practitioner has a pecuniary interest in giving that referral or recommendation, unless the practitioner discloses the nature of that interest to the person before or at the time of giving the referral or recommendation. unregistered person means a person who is not registered, or whose registration is suspended, under this Law.

unsatisfactory professional performance, of a registered health practitioner, means the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the health profession in which the practitioner is registered is below the standard reasonably expected of a health practitioner of an equivalent level of training or experience. voluntary notification means a notification made under Division 3 of Part 8. 6 Interpretation generally Schedule 7 applies in relation to this Law. 7 Single national entity (1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by or under this Law is one single national entity, with functions conferred by this Law as so applied. (2) An entity established by or under this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction. (3) An entity established by or under this Law may exercise its functions in relation to— (a) one participating jurisdiction; or (b) 2 or more or all participating jurisdictions collectively. (4) In this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.

8 Extraterritorial operation of Law It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following— (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another

9 Trans-Tasman mutual recognition principle This Law does not affect the operation of an Act of a participating jurisdiction providing for the application of the Trans-Tasman mutual recognition principle to occupations.

10 Law binds the State (1) This Law binds the State. State means the Crown in right of this jurisdiction, and includes— (a) the Government of this jurisdiction; and (b) a Minister of the Crown in right of this jurisdiction; and (c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

11 Policy directions (1) The Ministerial Council may give directions to the National Agency about the policies to be applied by the National Agency in exercising its functions under this Law. (2) The Ministerial Council may give directions to a National Board about the policies to be applied by the National Board in exercising its functions under this Law. (3) Without limiting subsections (1) and (2), a direction under this section may relate to— (a) a matter relevant to the policies of the National Agency or a National Board; or (b) an administrative process of the National Agency or a National Board; or (c) a procedure of the National Agency or a National Board; or (d) a particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health (4) However, the Ministerial Council may give a National Board a direction under subsection (3) (d) only if— (a) in the Council’s opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and (b) the Council has first given consideration to the potential impact of the Council’s direction on the quality and safety of health care. (5) A direction under this section cannot be about— (a) a particular person; or

(b) a particular qualification; or (c) a particular application, notification or proceeding. (6) The National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section.

12 Approval of registration standards (1) The Ministerial Council may approve a registration standard about— (a) the registration, or renewal of registration, of persons in a health (b) the endorsement, or renewal of the endorsement, of the registration of registered health practitioners. (2) The Ministerial Council may approve a registration standard for a health profession only if— (a) its approval is recommended by the National Board established for the health profession; and (b) it does not provide for a matter about which an accreditation standard may provide. Note An accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under

Division 3 of Part 6. (3) The Ministerial Council may, at any time, ask a National Board to review an approved or proposed registration standard for the health profession for which the National Board is established. (4) The Ministerial Council may delegate any of the Council’s powers under subsection (1) to an entity it considers appropriate to exercise

13 Approvals in relation to specialist registration (1) The following health professions, or divisions of health professions, are health professions for which specialist recognition operates under this Law— (a) the medical profession; (b) the dentists division of the dental profession; (c) any other health profession approved by the Ministerial Council, on the recommendation of the National Board established for the (2) If a health profession is a profession for which specialist recognition operates, the Ministerial Council may, on the recommendation of the National Board established for the profession— (a) approve a list of specialties for the profession; and (b) approve one or more specialist titles for each specialty in the list. (3) In making a recommendation to the Ministerial Council for the purposes of subsection (1) (c) or (2), a National Board established for a health profession may have regard to any relevant advice provided by— (a) an accreditation authority for the profession; or (b) a specialist college for the profession. (4) The Ministerial Council may provide guidance to a National Board established for a health profession for which specialist recognition will operate in relation to the criteria for the approval of specialties for the profession by the Council.

14 Approval of endorsement in relation to scheduled medicines (1) The Ministerial Council may, on the recommendation of a National Board, decide that the Board may endorse the registration of health practitioners practising a profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines. Note See section 94 which provides for the endorsement of health practitioners’ registration in relation to scheduled medicines. (2) An approval under subsection (1) is to specify— (a) the class of health practitioners registered by the Board to which the approval relates; and (b) whether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and (c) whether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines.

15 Approval of areas of practice for purposes of The Ministerial Council may, on the recommendation of a National Board, approve an area of practice in a health profession for which the Board is established as being an area of practice for which the registration of a health practitioner registered in the profession may be endorsed. Note See section 98 which provides for the endorsement of health practitioners’ registration in relation to approved areas of practice.

16 How Ministerial Council exercises functions (1) The Ministerial Council is to give a direction or approval, or make a recommendation, request or appointment, for the purposes of a provision of this Law by resolution of the Council passed in accordance with procedures determined by the Council. (2) An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.

17 Notification and publication of directions and approvals (1) A copy of any direction given by the Ministerial Council to the National Agency— (a) is to be given to the Chairperson of the Agency Board; and (b) must be published by the National Agency on its website as soon as practicable after being received by the Chairperson. (2) A copy of a direction or approval given by the Ministerial Council to a National Board— (a) is to be given to the Chairperson of the National Board; and (b) if the direction is given under section 11 (3) (d), is to include reasons for the direction; and (c) must be published by the National Board on its website as soon as practicable after being received by the Chairperson. (3) A copy of a direction or approval given by the Ministerial Council to the National Agency or to a National Board is to be published in the annual report of the National Agency.

Part 4 Australian Health Practitioner Regulation Agency

23 National Agency (1) The Australian Health Practitioner Regulation Agency is established. (2) The National Agency— (3) The National Agency represents the State. (4) Schedule 3 sets out provisions relating to the National Agency.

24 General powers of National Agency The National Agency has all the powers of an individual and, in particular, may— (a) enter into contracts; and (b) acquire, hold, dispose of, and deal with, real and personal property; and (c) do anything necessary or convenient to be done in the exercise of its functions.

25 Functions of National Agency The functions of the National Agency are as follows— (a) to provide administrative assistance and support to the National Boards, and the Boards’ committees, in exercising their functions;

National Agency Division 1 (b) in consultation with the National Boards, to develop and administer procedures for the purpose of ensuring the efficient and effective operation of the National Boards; (c) to establish procedures for the development of accreditation standards, registration standards and codes and guidelines approved by National Boards, for the purpose of ensuring the national registration and accreditation scheme operates in accordance with good regulatory practice; (d) to negotiate in good faith with, and attempt to come to an agreement with, each National Board on the terms of a health profession agreement; (e) to establish and administer an efficient procedure for receiving and dealing with applications for registration as a health practitioner and other matters relating to the registration of registered health practitioners; (f) in conjunction with the National Boards, to keep up-to-date and publicly accessible national registers of registered health practitioners for each health profession; (g) in conjunction with the National Boards, to keep up-to-date national registers of students for each health profession; (h) to keep an up-to-date and publicly accessible list of approved programs of study for each health profession; (i) to establish an efficient procedure for receiving and dealing with notifications against persons who are or were registered health practitioners and persons who are students, including by establishing a national process for receiving notifications about registered health practitioners in all professions; (j) to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme;

(k) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the administration of the national registration and accreditation scheme; (ka) to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation (l) any other function given to the National Agency by or under this Law. 26 Health profession agreements (1) The National Agency must enter into an agreement (a health profession agreement) with a National Board that makes provision for the following— (a) the fees that will be payable under this Law by health practitioners and others in respect of a health profession for which the Board is established (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment); (b) the annual budget of the National Board (including the funding arrangements for its committees and accreditation authorities); (c) the services to be provided to the National Board by the National Agency to enable the National Board to carry out its functions (2) If the National Agency and a National Board are unable to agree on a matter relating to a health profession agreement or a proposed health profession agreement, the Ministerial Council may give directions to the National Agency and National Board about how the dispute is to be resolved.

National Agency Division 1 (3) Each National Board must publish on its website the fees for which provision has been made in a health profession agreement between the Board and the National Agency.

27 Co-operation with participating jurisdictions and Commonwealth (1) The National Agency may exercise any of its functions in co- operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following— (a) a government agency of a participating jurisdiction or of the Commonwealth; (b) a local registration authority; (c) a co-regulatory authority; (d) a health complaints entity; (e) an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth. (2) In particular, the National Agency may— (a) ask an entity referred to in subsection (1) for information that the Agency requires to exercise its functions under this Law; and (b) use the information to exercise its functions under this Law. (3) An entity referred to in subsection (1) that receives a request for information from the National Agency is authorised to give the information to the National Agency.

28 Office of National Agency (1) The National Agency is to establish a national office. (2) The National Agency is also to establish at least one local office in each participating jurisdiction.

29 Agency Board (1) The Australian Health Practitioner Regulation Agency Board is established. (2) The Agency Board is to consist of at least 5 members appointed by the Ministerial Council. (3) Of the members— (a) one is to be a person appointed by the Ministerial Council as Chairperson, being a person who— (i) is not a registered health practitioner; and (ii) has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and (b) at least 2 others are to be persons who have expertise in health, or education and training, or both; and (c) at least 2 others are to be persons who are not current or former registered health practitioners and who have business or administrative expertise. (4) Schedule 2 sets out provisions relating to the Agency Board.

30 Functions of Agency Board (1) The functions of the Agency Board are as follows— (a) subject to any directions of the Ministerial Council, to decide the policies of the National Agency; (b) to ensure that the National Agency performs its functions in a proper, effective and efficient way; (c) any other function given to the Board by or under this Law.

Agency Board Division 2 (2) The affairs of the National Agency are to be controlled by the Agency Board and all acts and things done in the name of, or on behalf of, the National Agency by or with the authority of the Agency Board are taken to have been done by the National Agency.

31 Regulations must provide for National Boards (1) The regulations must provide for a National Health Practitioner Board for each health profession. (2) The regulations may— (a) continue an existing Board for a health profession; or (b) establish a Board for a health profession or for 2 or more health professions; or (c) dissolve a Board for a health profession (the dissolved Board) if another Board is established for that health profession (the replacement Board). (3) The regulations may provide for anything for which it is necessary or convenient to make provision to allow, facilitate or provide for the (a) the continuation, establishment or dissolution of a Board under subsection (2); (b) the completion of a matter started by the existing Board before the commencement; (c) the effect of anything done by an existing Board before the commencement; (d) the transfer of matters from a dissolved Board to a replacement (4) Before a regulation is made under subsection (2)(b) or (c), the Ministers comprising the Ministerial Council must undertake public consultation on the proposed regulation.

National Boards Division 1 (5) However, failure to comply with subsection (4) does not affect the validity of the regulation. (6) In this section— existing Board means a National Health Practitioner Board in existence immediately before the commencement.

31A Status of National Board (1) A National Board— (2) A National Board represents the State.

32 Powers of National Board (1) Subject to subsection (2), a National Board has the powers necessary to enable it to exercise its functions. (2) A National Board does not have power to— (a) enter into contracts; or (b) employ staff; or (c) acquire, hold, dispose of, and deal with, real property. (3) The National Board may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following— (a) a government agency of a participating jurisdiction or of the Commonwealth; (b) a local registration authority;

(c) a co-regulatory authority; (d) a health complaints entity; (e) an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth. (4) In particular, the National Board may— (a) ask an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and (b) use the information to exercise its functions under this Law. (5) An entity referred to in subsection (3) that receives a request for information from the National Board is authorised to give the information to the National Board.

33 Membership of National Boards (1) A National Board is to consist of members appointed in writing by the Ministerial Council. (2) Members of a National Board are to be appointed as practitioner members or community members. (3) Subject to this section, the Ministerial Council may decide the size and composition of a National Board. (4) At least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members. (5) The practitioner members of a National Board must consist of— (a) at least one member from each large participating jurisdiction; and (b) at least one member from a small participating jurisdiction; and (c) if the National Board is established for 2 or more health professions—at least one member of each health profession for which the Board is established.

National Boards Division 1 (6) At least 2 of the members of a National Board must be persons appointed as community members. (7) At least one of the members of a National Board must live in a regional or rural area. (8) A person cannot be appointed as a member of a National Board if the person is a member of the Agency Board. (9) One of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council. (9A) The regulations may prescribe matters relating to the composition of practitioner members for a National Board established for 2 or more (10) Schedule 4 sets out provisions relating to a National Board. (11) In this section— large participating jurisdiction means any of the following States that is a participating jurisdiction— (a) New South Wales; (b) Queensland; (c) South Australia; (d) Victoria; (e) Western Australia. small participating jurisdiction means any of the following States or Territories that is a participating jurisdiction— (a) the Australian Capital Territory; (b) the Northern Territory; (c) Tasmania.

34 Eligibility for appointment (1) In deciding whether to appoint a person as a member of a National Board, the Ministerial Council is to have regard to the skills and experience of the person that are relevant to the Board’s functions. (2) A person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in a health profession for which the Board is established. (3) A person is eligible to be appointed as a community member only if the person is not, and has not at any time been, a health practitioner in a health profession for which the Board is established. (4) A person is not eligible to be appointed as a member of a National Board if— (a) in the case of appointment as a practitioner member—the person has, whether before or after the commencement of this Law, as a result of the person’s misconduct, impairment or incompetence, ceased to be registered as a health practitioner in a health profession for which the Board is established; or (b) in any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member.

35 Functions of National Boards (1) The functions of a National Board established for a health profession are as follows— (a) to register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession;

(b) to decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession; (c) to develop or approve standards, codes and guidelines for the health profession, including— (i) the approval of accreditation standards developed and submitted to it by an accreditation authority; and (ii) the development of registration standards for approval by the Ministerial Council; and (iii) the development and approval of codes and guidelines that provide guidance to health practitioners registered in the (d) to approve accredited programs of study as providing qualifications for registration or endorsement in the health (e) to oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia; (f) to negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement; (g) to oversee the receipt, assessment and investigation of notifications about persons who— (i) are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or (ii) are students in the health profession;

(h) to establish panels to conduct hearings about— (i) health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and (ii) health matters in relation to students registered by the Board; (i) to refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions; (j) to oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students; (k) to make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession; (l) in conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession; (m) in conjunction with the National Agency, to keep an up-to-date national register of students for the health profession; (n) at the Board’s discretion, to provide financial or other support for health programs for registered health practitioners and students; (o) to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health

(p) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme; (q) to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation (r) any other function given to the Board by or under this Law. (2) For the purposes of subsection (1) (g)-(j), the Board’s functions do not include receiving notifications and taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction.

35A National Board consideration of criminal history (1) In making a decision under this Act that relates to an individual’s criminal history, a National Board must consider— (a) the individual’s criminal record; and (b) the inherent requirements of the profession, division or recognised specialty, for which the individual is seeking (c) whether or not there is a high degree of direct connection between the individual’s criminal record and the inherent requirements of the profession, division or recognised specialty. (2) If guidelines have been made by the National Board for this section, the board must also consider the guidelines when making the

36 State and Territory Boards (1) A National Board may establish a committee (a State or Territory Board) for a participating jurisdiction to enable the Board to exercise its functions in the jurisdiction in a way that provides an effective and timely local response to health practitioners and other persons in the (2) A State or Territory Board is to be known as the “[Name of participating jurisdiction for which it is established] Board” of the (3) The members of a State or Territory Board are to be appointed by the responsible Minister for the participating jurisdiction. (a) The Pharmacy Board of Australia decides to establish a State or Territory Board for New South Wales. The State or Territory Board will be known as the New South Wales Board of the Pharmacy Board of Australia. The members of the State or Territory Board will be appointed by the responsible Minister for New South Wales. (b) The Podiatry Board of Australia decides to establish a State or Territory Board for Queensland and the Northern Territory. The State or Territory Board will be known as the Queensland and Northern Territory Board of the Podiatry Board of Australia. The members of the State or Territory Board will be appointed jointly by the responsible Ministers for Queensland and the Northern Territory. (4) In deciding whether to appoint a person as a member of a State or Territory Board, the responsible Minister is to have regard to the skills and experience of the person that are relevant to the Board’s functions. (5) At least half, but not more than two-thirds, of the members of a State or Territory Board must be persons appointed as practitioner members.

(6) At least 2 of the members of a State or Territory Board must be persons appointed as community members. Note See section 299 which provides that subsections (5) and (6) do not apply to a State or Territory Board for a jurisdiction for the first 12 months after the jurisdiction becomes a participating jurisdiction. (7) Before a responsible Minister appoints a member of a State or Territory Board the vacancy to be filled is to be publicly advertised. (8) The National Agency may assist a responsible Minister in the process of appointing members of a State or Territory Board, including in the advertising of vacancies. (9) It is not necessary to advertise a vacancy in the membership of a State or Territory Board before appointing a person to act in the office of a Note The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a State or Territory Board. (10) This section does not limit clause 11 of Schedule 4. Note Clause 11 of Schedule 4 confers power for the establishment of other committees.

37 Delegation of functions (1) A National Board may delegate any of its functions, other than this power of delegation, to— (a) a committee; or (b) the National Agency; or (c) a member of the staff of the National Agency; or (d) a person engaged as a contractor by the National Agency. (2) The National Agency may subdelegate any function delegated to the National Agency by a National Board to a member of the staff of the National Agency.

Division 3 Registration standards and codes and guidelines

38 National board must develop registration standards (1) A National Board must develop and recommend to the Ministerial Council one or more registration standards about the following matters for a health profession for which the Board is established— (a) requirements for professional indemnity insurance arrangements for registered health practitioners registered in the (b) matters about the criminal history of applicants for registration in the profession, and registered health practitioners and students registered in a health profession for which the Board is established, including, the matters to be considered in deciding whether an individual’s criminal history is relevant to the practice of the profession; (c) requirements for continuing professional development for registered health practitioners registered in the profession; (d) requirements about the English language skills necessary for an applicant for registration in the profession to be suitable for registration in the profession; (e) requirements in relation to the nature, extent, period and recency of any previous practice of the profession by applicants for registration in the profession. (2) Subject to subsection (3), a National Board may also develop, and recommend to the Ministerial Council, one or more registration standards about the following— (a) the physical and mental health of— (i) applicants for registration in the profession; and (ii) registered health practitioners and students;

Registration standards and codes and guidelines Division 3 (b) the scope of practice of health practitioners registered in the (c) any other issue relevant to the eligibility of individuals for registration in the profession or the suitability of individuals to competently and safely practise the profession. (3) A registration standard may not be about a matter for which an accreditation standard may provide. Note An accreditation standard for a health profession is used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession. Accreditation standards are developed and approved under Division 3 of Part 6.

39 Codes and guidelines A National Board may develop and approve codes and guidelines— (a) to provide guidance to the health practitioners it registers; and (b) about other matters relevant to the exercise of its functions. 1 A National Board may develop guidelines about the advertising of regulated health services by health practitioners registered by the Board or other persons for the purposes of section 133. 2 To assist a health practitioner in providing practice information under section 132, a National Board may develop guidelines about the information that must be provided to the Board.

40 Consultation about registration standards, codes and guidelines (1) If a National Board develops a registration standard or a code or guideline, it must ensure there is wide-ranging consultation about its content. (2) A contravention of subsection (1) does not invalidate a registration standard, code or guideline.

(3) The following must be published on a National Board’s website— (a) a registration standard developed by the Board and approved by the Ministerial Council; (b) a code or guideline approved by the National Board. (4) An approved registration standard or a code or guideline takes effect— (a) on the day it is published on the National Board’s website; or (b) if a later day is stated in the registration standard, code or guideline, on that day.

41 Use of registration standards, codes or guidelines in An approved registration standard for a health profession, or a code or guideline approved by a National Board, is admissible in proceedings under this Law or a law of a co-regulatory jurisdiction against a health practitioner registered in a health profession for which the Board is established as evidence of what constitutes appropriate professional conduct or practice for the health profession.

Preliminary Division 1

42 Definition In this Part— accreditation function means— (a) developing accreditation standards for approval by a National Board; or (b) assessing programs of study, and the education providers that provide the programs of study, to determine whether the programs meet approved accreditation standards; or (c) assessing authorities in other countries who conduct examinations for registration in a health profession, or accredit programs of study relevant to registration in a health profession, to decide whether persons who successfully complete the examinations or programs of study conducted or accredited by the authorities have the knowledge, clinical skills and professional attributes necessary to practise the profession in Australia; or (d) overseeing the assessment of the knowledge, clinical skills and professional attributes of overseas qualified health practitioners who are seeking registration in a health profession under this Law and whose qualifications are not approved qualifications for the health profession; or (e) making recommendations and giving advice to a National Board about a matter referred to in paragraph (a), (b), (c) or (d).

43 Accreditation authority to be decided (1) The National Board established for a health profession must decide whether an accreditation function for the health profession for which the Board is established is to be exercised by— (a) an external accreditation entity; or (b) a committee established by the Board. Note See sections 253 and 301 which provide for the performance of accreditation functions for a health profession by external accreditation authorities appointed by the Ministerial Council for a period after the commencement of this Law. (2) The National Agency may charge an entity the relevant fee for the exercise of an accreditation function by an accreditation committee.

44 National Agency may enter into contracts with external accreditation entities The National Agency may enter into a contract with an external accreditation entity for the performance by the entity of an accreditation function for a health profession only if the terms of the contract are in accordance with the health profession agreement between the National Agency and the National Board established for that profession.

45 Accreditation processes to be published Each accreditation authority must publish on its website or, if the authority is an accreditation committee, the website of the National Board that established the committee, how it will exercise its accreditation function.

46 Development of accreditation standards (1) An accreditation standard for a health profession may be developed by— (a) an external accreditation entity for the health profession; or (b) an accreditation committee established by the National Board established for the health profession. (2) In developing an accreditation standard for a health profession, an accreditation authority must undertake wide-ranging consultation about the content of the standard.

47 Approval of accreditation standards (1) An accreditation authority must, as soon as practicable after developing an accreditation standard for a health profession, submit it to the National Board established for the health profession. (2) As soon as practicable after a National Board receives an accreditation standard under subsection (1), the Board must decide to— (a) approve the accreditation standard; or (b) refuse to approve the accreditation standard; or (c) ask the accreditation authority to review the standard. (3) If the National Board decides to approve the accreditation standard it must give written notice of the approval to— (a) the National Agency; and (b) the accreditation authority that submitted the standard to the

(4) If the National Board decides to refuse to approve the accreditation standard— (a) it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the standard; and (b) the accreditation authority is entitled to publish any information or advice it gave the Board about the standard. (5) If the National Board decides to ask the accreditation authority to review the standard it must give the authority a written notice that— (a) states that the authority is being asked to review the standard; and (b) identifies the matters the authority is to address before again submitting the standard to the Board. (6) An accreditation standard approved by a National Board must be published on its website. (7) An accreditation standard takes effect— (a) on the day it is published on the National Board’s website; or (b) if a later day is stated in the standard, on that day.

48 Accreditation of programs of study (1) An accreditation authority for a health profession may accredit a program of study if, after assessing the program, the authority is reasonably satisfied— (a) the program of study, and the education provider that provides the program of study, meet an approved accreditation standard for the profession; or

(b) the program of study, and the education provider that provides the program of study, substantially meet an approved accreditation standard for the profession and the imposition of conditions on the approval will ensure the program meets the standard within a reasonable time. (2) If the accreditation authority decides to accredit a program of study, with or without conditions, it must give to the National Board established for the health profession a report about the authority’s accreditation of the program. (3) If the accreditation authority decides to refuse to accredit a program of study it must give written notice of the decision to the education provider that provides the program of study. (4) The notice must state— (b) that, within 30 days after receiving the notice, the education provider may apply to the accreditation authority for an internal review of the decision; and (c) how the education provider may apply for the review. (5) An education provider given a notice under subsection (3) may apply, as stated in the notice, for an internal review of the accreditation authority’s decision to refuse to accredit the program of study. (6) The internal review must not be carried out by a person who assessed the program of study for the accreditation authority.

49 Approval of accredited programs of study (1) If a National Board is given a report by an accreditation authority about the authority’s accreditation of a program of study, the Board may approve, or refuse to approve, the accredited program of study as providing a qualification for the purposes of registration in a health profession for which the Board is established.

(2) An approval under subsection (1) may be granted subject to the conditions the National Board considers necessary or desirable in the (3) If the National Board decides to approve the accredited program of study it must give written notice of the approval to— (a) the National Agency for inclusion of the program of study in the list under subsection (5); and (b) the accreditation authority that submitted the program to the (4) If the National Board decides to refuse to approve the accredited program of study— (a) it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the program; and (b) the accreditation authority is entitled to publish any information or advice it gave the Board about the program. (5) A list of the programs of study approved by a National Board as providing a qualification for registration in a health profession for which the Board is established must be published on the National Agency’s website. (6) The list of approved programs of study published under subsection (5) must include, for each program of study, the name of the university, specialist medical or other college or other education provider that provides the approved program of study. (7) An approval under subsection (1) does not take effect until the program of study is included in the list published under subsection (5).

50 Accreditation authority to monitor approved programs of study (1) The accreditation authority that accredited an approved program of study must monitor the program and the education provider that provides the program to ensure the authority continues to be satisfied the program and provider meet an approved accreditation standard for the health profession. (2) If the accreditation authority reasonably believes the program of study and education provider no longer meet an approved accreditation standard for the health profession, the accreditation authority must— (a) decide to— (i) impose the conditions on the accreditation that the accreditation authority considers necessary to ensure the program of study will meet the standard within a reasonable time; or (ii) revoke the accreditation of the program of study; and (b) give the National Board that approved the accredited program of study written notice of the accreditation authority’s decision.

51 Changes to approval of program of study (1) If a National Board is given notice under section 50 (2) (b) that an accreditation authority has revoked the accreditation of a program of study approved by the Board, the Board’s approval of the program is taken to have been cancelled at the same time the accreditation was revoked.

(2) If a National Board reasonably believes, because of a notice given to the Board under section 50 (2) (b) or for any other reason, that an accredited program of study approved by the Board no longer provides a qualification for the purposes of registration in a health profession for which the Board is established, the Board may decide to— (a) impose the conditions the Board considers necessary or desirable on the approval of the accredited program of study to ensure the program provides a qualification for the purposes of (b) cancel its approval of the accredited program of study. (3) If a National Board makes a decision under subsection (2), it must give written notice of the decision, including the reasons for the decision, to the accreditation authority that accredited the program.

General registration Division 1

Part 7 Registration of health

52 Eligibility for general registration (1) An individual is eligible for general registration in a health profession if— (a) the individual is qualified for general registration in the health (b) the individual has successfully completed— (i) any period of supervised practice in the health profession required by an approved registration standard for the health (ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the (c) the individual is a suitable person to hold general registration in the health profession; and registered, in the health profession; and

the health profession may decide the individual is eligible for general registration in the profession by doing either or both of the

53 Qualifications for general registration An individual is qualified for general registration in a health (a) the individual holds an approved qualification for the health (b) the individual holds a qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification; or (c) the individual holds a qualification, not referred to in paragraph (a) or (b), relevant to the health profession and has successfully completed an examination or other assessment required by the National Board for the purpose of general registration in the health profession; or (d) the individual— (i) holds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for general registration (however described) in the health profession; and (ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification.

General registration Division 1

54 Examination or assessment for general registration For the purposes of section 52 (1) (b) (ii), if a National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.

55 Unsuitability to hold general registration (1) A National Board may decide an individual is not a suitable person to hold general registration in a health profession if— (a) in the Board’s opinion, the individual has an impairment that would detrimentally affect the individual’s capacity to practise the profession to such an extent that it would or may place the safety of the public at risk; or (b) having regard to the individual’s criminal history to the extent that is relevant to the individual’s practice of the profession, the individual is not, in the Board’s opinion, an appropriate person to practise the profession or it is not in the public interest for the individual to practise the profession; or (c) the individual has previously been registered under a relevant law and during the period of that registration proceedings under Part 8, or proceedings that substantially correspond to proceedings under Part 8, were started against the individual but not finalised; or (d) in the Board’s opinion, the individual’s competency in speaking or otherwise communicating in English is not sufficient for the individual to practise the profession; or

(e) the individual’s registration (however described) in the health profession in a jurisdiction that is not a participating jurisdiction, whether in Australia or elsewhere, is currently suspended or cancelled on a ground for which an adjudication body could suspend or cancel a health practitioner’s registration in Australia; or (f) the nature, extent, period and recency of any previous practice of the profession is not sufficient to meet the requirements specified in an approved registration standard relevant to general registration in the profession; or (g) the individual fails to meet any other requirement in an approved registration standard for the profession about the suitability of individuals to be registered in the profession or to competently and safely practise the profession; or (h) in the Board’s opinion, the individual is for any other reason— (i) not a fit and proper person for general registration in the (ii) unable to practise the profession competently and safely. relevant law means— (a) this Law or a corresponding prior Act; or (b) the law of another jurisdiction, whether in Australia or elsewhere.

56 Period of general registration granted general registration in a health profession is the period (the registration period), not more than 12 months, decided by the

Specialist registration Division 2

57 Eligibility for specialist registration (1) An individual is eligible for specialist registration in a recognised specialty in a health profession if— (a) the individual is qualified for registration in the specialty; and (b) the individual has successfully completed— (i) any period of supervised practice in the specialty required by an approved registration standard for the health (ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the specialty; and (c) the individual is a suitable person to hold registration in the health profession; and registered, in the specialty; and stated in an approved registration standard for the specialty.

(2) Without limiting subsection (1), the National Board may decide the individual is eligible for registration in the recognised specialty by doing either or both of the following—

58 Qualifications for specialist registration An individual is qualified for specialist registration in a recognised specialty in a health profession if the individual— (a) holds an approved qualification for the specialty; or (b) holds another qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification for the specialty; or (c) holds a qualification, not referred to in paragraph (a) or (b), relevant to the specialty and has successfully completed an examination or other assessment required by the National Board for the purpose of registration in the specialty; or (d) the individual— (i) holds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for specialist registration (however described) in the specialty; and (ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification for the specialty.

Specialist registration Division 2

59 Examination or assessment for specialist registration For the purposes of section 57 (1) (b) (ii), if the National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.

60 Unsuitability to hold specialist registration (1) Section 55 applies to the making of a decision by a National Board that an individual is not a suitable person to hold specialist registration in a recognised specialty. (2) For the purposes of subsection (1), a reference in section 55 to— (a) general registration in the health profession is taken to be a reference to specialist registration in a recognised specialty; and (b) the health profession is taken to be a reference to the recognised specialty.

61 Period of specialist registration granted specialist registration in a recognised specialty in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website. (2) If the National Board decides to register a health practitioner in a recognised specialty for the health profession during a registration period, the specialist registration—

62 Eligibility for provisional registration (1) An individual is eligible for provisional registration in a health profession, to enable the individual to complete a period of supervised practice that the individual requires to be eligible for general registration in the health profession, if— (a) the individual is qualified for general registration in the (b) the individual is a suitable person to hold provisional registration in the profession; and (c) the individual is not disqualified under this Law or a law of a co- regulatory jurisdiction from applying for, or being registered in, (d) the individual meets any other requirements for registration the health profession may decide the individual is eligible for provisional registration in the health profession by doing either or both of the following—

63 Unsuitability to hold provisional registration (1) Section 55 applies to a decision by a National Board that an individual is not a suitable person to hold provisional registration in a health

Provisional registration Division 3 (2) For the purposes of subsection (1), a reference in section 55 to general registration in the health profession is taken to be a reference to provisional registration in the health profession.

64 Period of provisional registration (1) The period of registration (the registration period) that is to apply to a health practitioner granted provisional registration in a health profession is— (a) the period decided by the National Board established for the profession, but not more than 12 months, and published on the Board’s website; or (b) the longer period prescribed by a regulation. (3) Provisional registration may not be renewed more than twice. Note If an individual were not able to complete the supervised practice the individual requires for general registration in a health profession during the period consisting of the individual’s initial period of registration and 2 renewals of that registration, the individual would need to make a new application for provisional registration in the profession.

65 Eligibility for limited registration (1) An individual is eligible for limited registration in a health profession if— (a) the individual is not qualified for general registration in the profession or specialist registration in a recognised speciality in (b) the individual is qualified under this Division for limited (c) the individual is a suitable person to hold limited registration in registered, in the health profession; and (1A) Subsection (1B) applies if— (a) an individual is registered in a health profession for which divisions are included in the National Register kept for the (b) the individual holds general or limited registration in a division. (1B) Despite subsection (1) (a) and (b), the individual is eligible for limited registration in another division of the profession if the individual— (a) is not qualified for general registration under the other division; and (b) is qualified under this Division for limited registration under the other division.

Limited registration Division 4 the health profession may decide the individual is eligible for limited registration in the profession by doing either or both of the

66 Limited registration for postgraduate training or supervised practice individual to undertake a period of postgraduate training or supervised practice in a health profession, or to undertake assessment or sit an examination, approved by the National Board established for the profession. the National Board is satisfied the individual has completed a qualification that is relevant to, and suitable for, the postgraduate training, supervised practice, assessment or examination.

67 Limited registration for area of need individual to practise a health profession in an area of need decided by the responsible Minister under subsection (5). the National Board is satisfied the individual’s qualifications and experience are relevant to, and suitable for, the practice of the profession in the area of need. (3) The National Board must consider the application but is not required to register the individual merely because there is an area of need. (4) If the National Board grants the individual limited registration to enable the individual to practise the profession in the area of need, the

individual must not practise the profession other than in the area of need specified in the individual’s certificate of registration. (5) A responsible Minister for a participating jurisdiction may decide there is an area of need for health services in the jurisdiction, or part of the jurisdiction, if the Minister considers there are insufficient health practitioners practising in a particular health profession in the jurisdiction or the part of the jurisdiction to provide services that meet the needs of people living in the jurisdiction or the part of the (6) If a responsible Minister decides there is an area of need under subsection (5), the responsible Minister must give the National Board established for the health profession written notice of the decision. (7) A responsible Minister may delegate the Minister’s power under this section to an appropriately qualified person. (8) In this section— appropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power. health services means the provision of services by health practitioners in a particular health profession.

68 Limited registration in public interest individual to practise a health profession for a limited time, or for a limited scope, in the public interest. the National Board established for the health profession is satisfied it is in the public interest for an individual with the individual’s qualifications and experience to practise the profession for that time or scope.

Limited registration Division 4

69 Limited registration for teaching or research (1) An individual may apply for limited registration in a health profession to enable the individual to fill a teaching or research position. the National Board established for the health profession is satisfied the individual’s qualifications are relevant to, and suitable for, the position.

70 Unsuitability to hold limited registration (1) Section 55 applies to a decision by a National Board that an individual is not a suitable person to hold limited registration in a health (2) For the purposes of subsection (1), a reference in section 55 to general registration in the health profession is taken to be a reference to limited registration in the health profession.

71 Limited registration not to be held for more than one purpose (1) Subsection (2) applies to a health profession for which a division is not included in the National Register kept for the profession. (2) An individual registered in the health profession may not hold limited registration in the same health profession for more than one purpose under this Division at the same time. (3) Subsection (4) applies to a health profession for which divisions are included in the National Register kept for the profession. (4) An individual registered in the health profession may not hold limited registration in the same division of the profession for more than one purpose under this Division at the same time.

72 Period of limited registration granted limited registration in a health profession is the period (the registration period), not more than 12 months, decided by the (3) Limited registration may not be renewed more than 3 times. Note If an individual had been granted limited registration in a health profession for a purpose under this Division, had subsequently renewed the registration in the profession for that purpose 3 times and at the end of the period wished to continue holding limited registration in the profession for that purpose, the individual would need to make a new application for limited registration in the profession for that purpose.

73 Eligibility for non-practising registration An individual is eligible for non-practising registration in a health (a) the individual— (i) holds or has held general registration in the health

Non-practising registration Division 5 (ii) holds or has held specialist registration in a recognised speciality in the health profession under this Law; or (iii) held registration in the health profession under a corresponding prior Act that was equivalent to general registration or specialist registration in the health profession under this Law; (b) the individual is a suitable person to hold non-practising registration in the profession.

74 Unsuitability to hold non-practising registration A National Board may decide an individual is not a suitable person to hold non-practising registration in a health profession if— (a) having regard to the individual’s criminal history to the extent that is relevant to the individual’s practise of the profession, the individual is not, in the Board’s opinion, an appropriate person to hold registration in the profession or it is not in the public interest for the individual to hold registration in the profession; or (aa) the person’s registration has been withdrawn by a National Board under section 85A; or (b) in the Board’s opinion, the individual is for any other reason not a fit and proper person to hold non-practising registration in the

75 Registered health practitioner who holds non-practising registration must not practise the profession (1) A registered health practitioner who holds non-practising registration in a health profession must not practise the profession.

76 Period of non-practising registration granted non-practising registration in a health profession is the period (the registration period), not more than 12 months, decided by the

77 Application for registration (1) An individual may apply to a National Board for registration in a health profession for which the Board is established. (2) An application must— (c) be accompanied by proof of the applicant’s identity; and (d) be accompanied by any other information reasonably required

(3) Without limiting subsection (2) (a), a form approved by a National Board for the purposes of that subsection must require an applicant— (a) to provide a declaration about— (i) the address at which the applicant will predominantly practise the profession; or (ii) if the applicant will not be practising the profession or will not predominantly practise the profession at one address, the address that is the applicant’s principal place of residence; and (b) to provide an address to be used by the Board in corresponding with the applicant; and (c) to disclose the applicant’s criminal history; and (d) to authorise the Board to obtain the applicant’s criminal history. Note See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia. (4) A criminal history law does not apply to the requirement under subsection (3) (c) for the applicant to disclose the applicant’s criminal history. (5) Information in the application must, if the approved form requires, be verified by a statutory declaration.

78 Power to check applicant’s proof of identity (1) If an applicant for registration gives a National Board a document as evidence of the applicant’s identity under this section, the Board may, by written notice, ask the entity that issued the document— (a) to confirm the validity of the document; or (b) to give the Board other information relevant to the applicant’s identity.

(2) An entity given a notice under subsection (1) is authorised to give the National Board the information requested in the notice.

79 Power to check applicant’s criminal history (1) Before deciding an application for registration, a National Board must check the applicant’s criminal history. (2) For the purposes of checking an applicant’s criminal history, a National Board may obtain a written report about the criminal history of the applicant from any of the following— (a) ACC; (b) a police commissioner; (c) an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction. (3) A criminal history law does not apply to a report about an applicant’s criminal history under subsection (2).

80 Boards’ other powers before deciding application for registration (1) Before deciding an application for registration, a National Board may— (a) investigate the applicant, including, for example, by asking an entity— (i) to give the Board information about the applicant; or

(ii) to verify information or a document that relates to the applicant; If the applicant is or has been registered by another registration authority, the National Board may ask the registration authority for information about the applicant’s registration status. The National Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant. (b) by written notice given to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; and (c) by written notice given to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; and (d) by written notice given to the applicant, require the applicant to undergo an examination or assessment, within a reasonable time stated in the notice and at a reasonable place, to assess the applicant’s ability to practise the health profession in which registration is sought; and (e) by written notice given to the applicant, require the applicant to undergo a health assessment, within a reasonable time stated in the notice and at a reasonable place. (2) The National Board may require the information or document referred to in subsection (1) (b) to be verified by a statutory declaration.

(3) If the National Board requires an applicant to undertake an examination or assessment under subsection (1) (d) to assess the applicant’s ability to practise the health profession— (a) the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise; and (b) the National Agency may require the applicant to pay the relevant fee. (4) A notice under subsection (1) (d) or (e) must state— (a) the reason for the examination or assessment; and (b) the name and qualifications of the person appointed by the National Board to conduct the examination or assessment; and (c) the place where, and the day and time at which, the examination or assessment is to be conducted. (5) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1).

81 Applicant may make submissions about proposed refusal of application or imposition of condition (1) If, after considering an application for registration, a National Board is proposing to refuse to register the applicant or to register the applicant subject to a condition, the Board must give the applicant written notice of the proposal.

82 Decision about application (1) After considering an application for registration and any submissions made in accordance with a notice under section 81, a National Board established for a health profession must— (a) decide to grant the applicant the type of registration in the health profession applied for if the applicant is eligible for that type of registration under a relevant section; or (b) decide to grant the applicant a type of registration in the health profession, other than the type of registration applied for, for which the applicant is eligible under a relevant section; or (c) decide to refuse to grant the applicant registration in the health (i) the applicant is ineligible for registration in the profession under a relevant section because the applicant— (A) is not qualified for registration; or (B) has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’s ability to practise the profession; or (C) is not a suitable person to hold registration; or (D) is disqualified under this Law from applying for registration, or being registered, in the health (E) does not meet a requirement for registration stated in an approved registration standard for the profession; or (ii) it would be improper to register the applicant because the applicant or someone else gave the National Board information or a document in relation to the application that was false or misleading in a material particular.

relevant section means section 52, 57, 62, 65 or 73.

83 Conditions of registration (1) If a National Board decides to register a person in a health profession for which the Board is established, the registration is subject to any condition the Board considers necessary or desirable in the the practitioner’s registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (2) If the National Board decides to register the person subject to a condition referred to in subsection (1), the Board must decide a

83A Undertakings at registration If a National Board decides to register a person in a health profession for which the Board is established, the Board may accept any undertaking from the person the Board considers necessary or desirable in the circumstances.

84 Notice to be given to applicant (1) Within 30 days after making the decision under section 82, the National Board must— (a) give the applicant written notice of the Board’s decision; and (b) if the Board decides to register the applicant, give the applicant a certificate of registration.

Withdrawal of registration Division 6A (2) If the Board decides not to register the applicant, or decides to register the applicant in a type of registration other than the registration applied for or subject to a condition, the notice under subsection (1) (a) must state— (b) that the applicant may appeal against the decision; and

85 Failure to decide application If a National Board fails to decide an application for registration within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to register the applicant.

85A Power to withdraw registration A National Board may withdraw the registration of a registered health established if the Board reasonably believes the practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.

85B Registered health practitioner may make submissions about proposed withdrawal of registration (1) If a National Board is proposing to withdraw a registered health practitioner’s registration under section 85A, the Board must give the practitioner written notice of the proposal.

(b) invite the registered health practitioner to make a written or verbal submission to the National Board, within the reasonable time stated in the notice, about the proposal. (3) This section does not prevent a National Board from taking immediate action under Division 7 of Part 8 in relation to the

85C Decision about withdrawal of registration After considering any submissions made in accordance with a notice under section 85B, the National Board must— (a) decide— (i) the registration was not improperly obtained on the ground the registered health practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and (ii) no further action is to be taken; or (b) decide the registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular and do one or more of the following— (i) withdraw the practitioner’s registration; (ii) refer the matter to a responsible tribunal; (iii) take other appropriate action under Part 8.

85D Notice to be given to registered health practitioner (1) The National Board must give the registered health practitioner written notice of the Board’s decision under section 85C as soon as practicable, but no later than 30 days after making the decision.

(2) If the National Board decides to withdraw the registered health practitioner’s registration, the notice must state— (b) that the practitioner may appeal against the decision; and (c) how the application for appeal may be made and the period Note If, under section 85C (b) (ii) or (iii), the National Board decides to refer the matter to a responsible tribunal or take other appropriate action under Part 8, notice of the referral or other action will be given to the registered health practitioner under the relevant provision of Part 8.

85E When decision takes effect The decision by the National Board to withdraw a person’s registration takes effect on— (a) the day notice of the Board’s decision is given to the person; or

Subdivision 1 Persons undertaking approved programs of study

86 Definitions In this Subdivision— approved program of study, for a health profession, does not include an approved program of study that provides a qualification for endorsement of registration in the profession but does not qualify a person for registration in the profession. particulars means particulars required to be included in the student register.

87 National Board must register persons undertaking approved program of study (1) The National Board established for a health profession must decide whether persons who are undertaking an approved program of study for the health profession must be registered— (a) for the entire period during which the persons are enrolled in the approved program of study; or (b) for the period starting when the persons begin a particular part of the approved program of study and ending when the persons complete, or otherwise cease to be enrolled in, the program. (2) In deciding whether to register persons undertaking an approved program of study for the entire period of the program of study or only part of the period, the National Board must have regard to— (a) the likelihood that persons undertaking the approved program of study will, in the course of undertaking the program, have contact with members of the public; and (b) if it is likely that the persons undertaking the approved program of study will have contact with members of the public— (i) when in the approved program of study it is likely the persons will have contact with members of the public; and (ii) the potential risk that contact may pose to members of the public.

88 National Board may ask education provider for list of persons undertaking approved program of study (1) For the purposes of registering persons as required by section 87, a National Board may, at any time by written notice given to an education provider, ask the provider for the following— (a) the particulars of all persons who are undertaking an approved program of study for a health profession for which the Board is established; (b) the particulars of all persons who will be undertaking the part of the approved program of study specified in the notice. (2) An education provider given a notice under subsection (1) must not fail, without reasonable excuse, to comply with the notice. (3) A contravention of subsection (2) does not constitute an offence. (4) However, if an education provider does not comply with a notice under subsection (1)— (a) the National Board that gave the education provider the notice must publish details of the failure to comply with the notice on the Board’s website; and National Board, include a statement about the failure to comply with the notice in the Agency’s annual report.

89 Registration of students (1) On receipt of the particulars of persons undertaking an approved program of study, or part of an approved program of study, under section 88— (a) the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or

(b) the National Board may— (i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and (ii) on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the (2) The National Board must not register a person as a student if the person is undertaking an approved program of study for a health profession in which the person already holds registration under Division 6. (3) The National Board must not require a person to pay a fee for registration as a student. (4) As soon as practicable after registering a person as a student, a National Board must give written notice of the registration to— (a) the education provider that provided the student’s particulars to the Board; and (b) if the Board required the person to complete an application form for registration, the student. (5) As soon as practicable after receiving notice that a student has been registered under subsection (1) (a), the education provider must give written notice of the registration to the student.

90 Period of student registration The period of registration for a student— (a) starts when the student is registered under section 89; and (b) expires at the end of the day on which the student completes, or otherwise ceases to be enrolled in, the approved program of study.

Subdivision 2 Other persons to be registered as

91 Education provider to provide lists of persons (1) If an education provider arranges clinical training in a health profession for a person who is not enrolled in an approved program of study for the profession, the education provider must give the National Board established for the profession written notice about the arrangement. (2) Subsection (1) does not apply if the person is a registered health practitioner who is registered in the health profession in which the clinical training is being undertaken. (3) A notice under subsection (1) must include— (a) the particulars of the person undertaking the clinical training, and (b) particulars of the arrangement for the person to undertake the clinical training. (4) On receipt of a notice under subsection (1)— (a) the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or (b) the National Board may— (i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and (ii) on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the

(5) As soon as practicable after registering a person as a student under subsection (4), a National Board must give written notice of the registration to the education provider that provided the student’s particulars to the Board. (6) The National Board must not require a person to pay a fee for registration as a student. (7) A student’s period of registration under this section— (a) starts when the student is registered under subsection (4); and (b) expires at the end of the day on which the person completes, or otherwise ceases to undertake, the period of clinical training.

Subdivision 3 General provisions applicable to

92 Notice to be given if student registration suspended or condition imposed (1) This section applies if, at any time, any of the following events (a) a person’s registration as a student under this Law is suspended; (b) a condition is imposed on a person’s registration as a student under this Law or a condition to which a person’s registration is subject is changed or removed; (c) a National Board accepts an undertaking from a person who is a student. (2) The National Board established for the person’s health profession must, as soon as practicable after the event occurs, give written notice of the event to the education provider with which the person is undertaking the approved program of study.

(3) If an education provider is given a notice under subsection (2) about a person, the education provider must, as soon as practicable after receiving the notice, give notice of the event to any entity with whom the person is undertaking training as part of the approved program of study.

93 Report to National Board of cessation of status as (a) a student completes, or otherwise ceases to be enrolled in, an approved program of study for a health profession provided by an education provider; or (b) a student completes, or otherwise ceases to undertake, clinical training in a health profession arranged by an education provider. (2) The education provider must give written notice of the student ceasing to be enrolled in the program of study, or to undertake the clinical training, to the National Board established for the health profession within 60 days of it occurring. (3) A contravention of subsection (2) does not constitute an offence. (4) However, if an education provider contravenes subsection (2)— (a) the National Board must publish details of the contravention on the Board’s website; and National Board, include a statement about the contravention in the Agency’s annual report.

Subdivision 1 Endorsement in relation to scheduled medicines

94 Endorsement for scheduled medicines (1) A National Board may, in accordance with an approval given by the Ministerial Council under section 14, endorse the registration of a registered health practitioner registered in a health profession for which the Board is established, as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines if the practitioner— (b) complies with any approved registration standard relevant to the Note The endorsement of a health practitioner’s registration under this section indicates the practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of medicines specified in the endorsement but does not authorise the practitioner to do so. The authorisation of a health practitioner to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines in a participating jurisdiction will be provided for by or under another Act of that jurisdiction. Health practitioners registered in certain health professions will be authorised to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines by or under an Act of a participating jurisdiction without the need for the health practitioners to hold an endorsement under

(a) the scheduled medicine or class of scheduled medicines to which the endorsement relates; and (b) whether the registered health practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of scheduled medicines; and (c) if the endorsement is for a limited period, the date the endorsement expires. Subdivision 2 Endorsement in relation to nurse

95 Endorsement as nurse practitioner (1) The National Board for the nursing profession may endorse the registration of a registered health practitioner whose name is included in the Register of Nurses as being qualified to practise as a nurse practitioner if the practitioner— (b) complies with any approved registration standard relevant to the (a) that the registered health practitioner is entitled to use the title “nurse practitioner”; and (b) any conditions applicable to the practice by the registered health practitioner as a nurse practitioner.

Subdivision 4 Endorsement in relation to acupuncture

97 Endorsement for acupuncture (1) A National Board may endorse the registration of a registered health established as being qualified to practise as an acupuncturist if the practitioner— (b) complies with an approved registration standard relevant to the (a) that the registered health practitioner is entitled to use the title “acupuncturist”; and (b) any conditions applicable to the practice of acupuncture by the

Subdivision 5 Endorsements in relation to approved areas of practice

98 Endorsement for approved area of practice (1) A National Board established for a health profession may, in accordance with an approval given by the Ministerial Council under section 15, endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise in an approved area of practice for the health profession if the practitioner— (b) complies with an approved registration standard relevant to the (a) the approved area of practice to which the endorsement relates; and (b) any conditions applicable to the practice by the registered health practitioner in the approved area of practice.

Subdivision 6 Application for endorsement

99 Application for endorsement (1) An individual may apply to a National Board for endorsement of the individual’s registration. (2) The application must— (c) be accompanied by any other information reasonably required (3) For the purposes of subsection (2) (c), the information a National Board may require an applicant to provide includes— (a) evidence of the qualifications in the health profession the applicant believes qualifies the applicant for endorsement; and (b) evidence of successful completion of any period of supervised practice required by an approved registration standard; and (c) if the applicant is required to complete an examination or assessment set by or on behalf of the Board, evidence of the successful completion of the examination or assessment.

100 Boards’ other powers before deciding application for (1) Before deciding an application for endorsement, a National Board may— (a) investigate the applicant, including, for example, by asking an entity— (i) to give the Board information about the applicant; or (ii) to verify information or a document that relates to the applicant; or

(b) by written notice to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; or (c) by written notice to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; or (d) by written notice to the applicant, require the applicant to undergo a written, oral or practical examination, within a reasonable time stated in the notice and at a reasonable place. (2) The purpose of an examination under subsection (1) (d) must be to assess the applicant’s ability to practise the health profession in accordance with the endorsement sought. (3) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1).

101 Applicant may make submissions about proposed refusal of application or imposition of condition (1) If, after considering an application for endorsement of a registration, a National Board is proposing to refuse to endorse the applicant’s registration or to endorse the applicant’s registration subject to a condition, the Board must give the applicant written notice of the

102 Decision about application (1) After considering an application for endorsement and any submissions made in accordance with a notice under section 101, a National Board must decide to endorse, or refuse to endorse, the applicant’s registration as sought. (2) Without limiting subsection (1), a National Board may refuse to endorse an applicant’s registration if— (a) the applicant is not qualified for the endorsement under a relevant section; or (b) the Board considers the applicant is not competent to practise the health profession in accordance with the endorsement sought. relevant section means section 94, 95, 97 or 98.

103 Conditions of endorsement (1) If a National Board decides to endorse the applicant’s registration under section 102, the Board may decide to impose on the endorsement the conditions the Board considers necessary or desirable in the circumstances. the practitioner’s registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (2) If the National Board decides to impose a condition on the endorsement, the Board must also decide a review period for the condition.

103A Undertakings at endorsement If a National Board decides to endorse the applicant’s registration under section 102, the Board may accept any undertaking from the applicant the Board considers necessary or desirable in the

104 Notice of decision to be given to applicant (1) As soon as practicable after making the decision under section 102, the National Board must— (a) give the applicant written notice of the Board’s decision; and (b) if the Board decides to endorse the applicant’s registration, give the applicant a new certificate of registration. (2) If the Board decides not to endorse the applicant’s registration or decides to endorse the applicant’s registration subject to a condition, the notice under subsection (1) (a) must state— (b) that the applicant may appeal against the decision; and

105 Period of endorsement If a National Board decides to endorse a registered health practitioner’s registration, the endorsement— (a) starts when the Board makes the decision; and (b) expires when the practitioner’s registration ends.

106 Failure to decide application for endorsement If a National Board fails to decide an application for endorsement within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to endorse the applicant’s Subdivision 1 Renewal of registration of registered health practitioner

107 Application for renewal of registration or endorsement (1) A registered health practitioner may apply to the National Board established for the practitioner’s health profession for renewal of the health practitioner’s registration. (2) An application for renewal of a registered health practitioner’s registration must be made not later than one month after the practitioner’s period of registration ends. (3) If the registered health practitioner’s registration has been endorsed by the National Board, the application for renewal of the practitioner’s registration is taken to also be an application for a renewal of the endorsement. (4) The application for renewal of registration must— (c) if the application for renewal is made after the registered health practitioner’s period of registration ends, be accompanied by the relevant fee for a late application; and (d) be accompanied by the annual statement required under section 109; and

(e) be accompanied by any other information reasonably required

108 Registration taken to continue in force (1) If a registered health practitioner applies under section 107 to renew the practitioner’s registration, the applicant’s registration, including any endorsement of the registration, is taken to continue in force from the day it would, apart from this section, have ended until— (a) if the National Board decides to renew the applicant’s registration, the day a new certificate of registration is issued to the applicant; or (b) if the National Board decides to refuse to renew the applicant’s registration, the day the applicant is given notice of the decision. (2) If a health practitioner does not apply to renew the practitioner’s registration before the practitioner’s period of registration ends, the registration, including any endorsement of the registration, is taken to continue in force until— (a) the end of the day that is one month after the day the period of registration would, apart from this subsection, have ended; or (b) if the health practitioner applies for renewal of the registration not later than one month after the practitioner’s period of registration ends, the day referred to in subsection (1) (a) or (b). (3) Subsection (1) or (2) does not apply if the registration is earlier cancelled under this Law.

109 Annual statement (1) An application for renewal of registration must include or be accompanied by a statement that includes the following— (a) a declaration by the applicant that— (i) the applicant does not have an impairment; and

(ii) the applicant has met any recency of practice requirements (iii) the applicant has completed the continuing professional development the applicant was required by an approved registration standard to undertake during the applicant’s preceding period of registration; and (iv) the applicant has not practised the health profession during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place in relation to the applicant; and (v) if the applicant’s registration is renewed the applicant will not practise the health profession unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant; (b) details of any change in the applicant’s criminal history that occurred during the applicant’s preceding period of registration; Note See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia. (c) if the applicant’s right to practise at a hospital or another facility at which health services are provided was withdrawn or restricted during the applicant’s preceding period of registration because of the applicant’s conduct, professional performance or health, details of the withdrawal or restriction of the right to practise; (d) if, during the applicant’s preceding period of registration and because of the applicant’s conduct, professional performance or health, the applicant was— (i) disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth; or

(ii) subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contained a direction under section 106U (1) (g) or (h) of that Act that the applicant be disqualified; (e) details of any complaint made about the applicant to a registration authority or another entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners; (f) any other information required by an approved registration standard. (1A) To avoid doubt, subsection (1)(d) applies only to the extent the applicant is not prohibited from disclosing information about the disqualification or final determination by the Health Insurance Act 1973 of the Commonwealth. (2) Subsection (1) (a) (ii), (iii) and (iv), (c) and (d) does not apply to an applicant who is applying for the renewal of non-practising