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.