Part 3 Reporting obligations
8 Annual report
(1) The National Agency must, within 3 months after the end of each
financial year, submit an annual report for the financial year to the
Ministerial Council.
(2) The annual report must include—
(a) a financial statement for the National Agency, and each National
Board, for the period to which the report relates; and
(b) a report about the Agency’s performance of its functions under
this Law during the period to which the annual report relates.
(3) The financial statement is to be prepared in accordance with
Australian Accounting Standards.
(4) The financial statement is to be audited by a public sector auditor and
a report is to be provided by the auditor.
(5) The Ministerial Council is to make arrangements for the tabling of
the annual report of the National Agency, and the report of the public
sector auditor with respect to the financial statement in the report, in
the Parliament of each participating jurisdiction and the
(6) The Ministerial Council may extend, or further extend, the period for
submission of an annual report to the Council by a total period of up
to 3 months.
(7) In this clause—
public sector auditor means—
(a) the Auditor-General (however described) of a participating
(b) an auditor employed, appointed or otherwise engaged by an
Auditor-General of a participating jurisdiction.
Part 3 Reporting obligations
9 Reporting by National Boards
(1) A National Board must, if asked by the National Agency, give the
National Agency the information the National Agency requires to
compile its annual report, including—
(a) a report about the National Board’s performance of its functions
under this Law during the period to which the annual report
relates; and
(b) a statement of the income and expenditure of the National Board
for the period to which the annual report relates, presented by
reference to the budget of the National Board for that period.
(2) The information provided by the National Board is to be incorporated
in the relevant annual report for the National Agency.
General Part 1
(Section 33)
1 Definitions
In this Schedule—
Chairperson means the Chairperson of a National Board.
community member means a member of a National Board appointed
as a community member.
member means a member of a National Board.
2 Terms of office of members
(1) Subject to this Schedule, a member holds office for the period (not
exceeding 3 years) specified in the member’s instrument of
appointment, but is eligible (if otherwise qualified) for
reappointment.
(2) However, a member’s term of office ends if the National Board to
which the member was appointed is dissolved by a regulation made
under section 31.
3 Remuneration
A member is entitled to be paid such remuneration (including
travelling and subsistence allowances) as the Ministerial Council may
from time to time determine with respect to the member.
4 Vacancy in office of member
(1) The office of a member becomes vacant if the member—
(a) completes a term of office; or
(b) resigns the office by instrument in writing addressed to the
Chairperson of the Ministerial Council; or
(c) is removed from office by the Chairperson of the Ministerial
Council under this clause; or
(d) is absent, without leave first being granted by the Chairperson
of the Board, from 3 or more consecutive meetings of the
National Board of which reasonable notice has been given to the
member personally or by post; or
(e) dies.
(2) The Chairperson of the Ministerial Council may remove a member
from office if—
(a) the member has been found guilty of an offence (whether in a
participating jurisdiction or elsewhere) that, in the opinion of the
Chairperson of the Ministerial Council, renders the member
unfit to continue to hold the office of member; or
(b) the member, as a result of the member’s misconduct,
impairment or incompetence—
(i) ceases to be a registered health practitioner; or
(ii) if the member is registered in more than one health
profession—ceases to be registered in either or any of the
(c) the member ceases to be eligible for appointment to the office
that the member holds on the National Board; or
(d) the member becomes bankrupt, applies to take the benefit of any
law for the relief of bankrupt or insolvent debtors, compounds
with member’s creditors or makes an assignment of the
member’s remuneration for their benefit; or
(e) the National Board recommends the removal of the member, on
the basis that the member has engaged in misconduct or has
failed or is unable to properly exercise the member’s functions
as a member.
5 Vacancies to be advertised
(1) Before the Ministerial Council appoints a member of a National
Board, the vacancy to be filled is to be publicly advertised.
(2) The National Agency may assist the Ministerial Council in the
process of appointing members of a National Board, including in the
advertising of vacancies.
Clause 6
(3) It is not necessary to advertise a vacancy in the membership of a
National 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 National Board.
6 Extension of term of office during vacancy in
membership
(1) If the office of a member becomes vacant because the member has
completed the member’s term of office, the member is taken to
continue to be a member during that vacancy until the date on which
the vacancy is filled (whether by reappointment of the member or
appointment of a successor to the member).
(2) However, this clause ceases to apply to the member if—
(a) the member resigns the member’s office by instrument in
writing addressed to the Chairperson of the Ministerial Council;
or
(b) the Chairperson of the Ministerial Council determines that the
services of the member are no longer required.
(3) The maximum period for which a member is taken to continue to be
a member under this clause after completion of the member’s term of
office is 6 months.
7 Members to act in public interest
(1) A member of a National Board is to act impartially and in the public
interest in the exercise of the member’s functions as a member.
(2) Accordingly, a member of a National Board is to put the public
interest before the interests of particular health practitioners or any
entity that represents health practitioners.
8 Disclosure of conflict of interest
(1) If—
(a) a member has a direct or indirect pecuniary or other interest in a
matter being considered or about to be considered at a meeting
of the National Board; and
(b) the interest appears to raise a conflict with the proper
performance of the member’s duties in relation to the
consideration of the matter;
the member must, as soon as possible after the relevant facts have
come to the member’s knowledge, disclose the nature of the interest
at a meeting of the National Board.
(2) Particulars of any disclosure made under this clause must be recorded
by the National Board in a book kept for the purpose.
(3) After a member has disclosed the nature of an interest in any matter,
the member must not, unless the Ministerial Council or the National
Board otherwise determines—
(a) be present during any deliberation of the National Board with
respect to the matter; or
(b) take part in any decision of the National Board with respect to
the matter.
(4) For the purposes of the making of a determination by the National
Board under subclause (3), a member who has a direct or indirect
pecuniary or other interest in a matter to which the disclosure relates
must not—
(a) be present during any deliberation of the National Board for the
purpose of making the determination; or
(b) take part in the making of the determination by the National
(5) A contravention of this clause does not invalidate any decision of the
(6) This clause applies to a member of a committee of a National Board
and the committee in the same way as it applies to a member of the
National Board and the National Board.
Functions and powers Part 3
Part 3 Functions and powers
9 Requirement to consult other National Boards
If a National Board (the first Board) proposes to make a
recommendation to the Ministerial Council about a matter that may
reasonably be expected to be of interest to another National Board
(the other Board), the first Board must—
(a) consult with the other Board about the proposed
recommendation; and
(b) if the first Board makes the recommendation to the Ministerial
Council, advise the Council about any contrary views expressed
by the other Board about the recommendation.
10 Boards may obtain assistance
A National Board may, for the purposes of exercising its functions,
obtain the assistance of or advice from a local registration authority
or another entity having knowledge of matters relating to a health
profession for which it is established.
11 Committees
A National Board may establish committees to do any of the
(a) to develop registration standards for a health profession for
which the Board is established;
(b) to develop codes or guidelines for a health profession for which
the Board is established;
(c) to exercise any other functions of the Board or to provide
assistance or advice to the Board in the exercise of its functions.
Part 4 Procedure
Part 4 Procedure
12 General procedure
The procedure for the calling of meetings of the National Board and
for the conduct of business at those meetings is, subject to this Law,
to be as determined by the National Board.
13 Quorum
The quorum for a meeting of the National Board is a majority of its
members for the time being, at least one of whom is a community
14 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, a person
elected by the members of the National Board who are present at a
meeting of the National Board) is to preside at a meeting of the
(2) The presiding member has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
15 Voting
A decision supported by a majority of the votes cast at a meeting of
the National Board at which a quorum is present is the decision of the
16 Transaction of business outside meetings or by
telecommunication
(1) The National Board may, if it thinks fit, transact any of its business
by the circulation of papers among all the members of the National
Board for the time being, and a resolution in writing approved in
writing by a majority of those members is taken to be a decision of
the National Board.
Procedure Part 4
(2) The National Board may, if it thinks fit, transact any of its business at
a meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if any
member who speaks on a matter before the meeting can be heard by
the other members.
(3) For the purposes of—
(a) the approval of a resolution under subclause (1); or
(b) a meeting held in accordance with subclause (2);
the Chairperson and each member have the same voting rights as they
have at an ordinary meeting of the National Board.
(4) Papers may be circulated among the members for the purposes of
subclause (1) by facsimile, email or other transmission of the
information in the papers concerned.
17 First meeting
The Chairperson may call the first meeting of the National Board in
any manner the Chairperson thinks fit.
18 Defects in appointment of members
A decision of the National Board or of a committee of the National
Board is not invalidated by any defect or irregularity in the
appointment of any member (or acting member) of the National
Board or of a committee of the National Board.
(section 163)
1 Powers of investigators
For the purposes of conducting an investigation, an investigator may,
by written notice given to a person, require the person to—
(a) give stated information to the investigator within a stated
reasonable time and in a stated reasonable way; or
(b) attend before the investigator at a stated time and a stated place
to answer questions or produce documents.
2 Offence for failing to produce information or attend
before investigator
(1) A person required to give stated information to an investigator under
clause 1 (a) must not fail, without reasonable excuse, to give the
information as required by the notice.
(2) A person given a notice to attend before an investigator must not fail,
without reasonable excuse, to—
(a) attend as required by the notice; and
(b) continue to attend as required by the investigator until excused
from further attendance; and
(c) answer a question the person is required to answer by the
investigator; and
(d) produce a document the person is required to produce by the
notice.
(3) For subclauses (1) and (2), it is not a reasonable excuse for an
individual to fail to give stated information, answer a question or
produce a document only because giving the information, answering
the question or producing the document might tend to incriminate the
(4) However—
(a) the information, answer or document required to be given,
answered or provided by the individual is not admissible in
evidence against the individual in a criminal proceeding, other
than a proceeding for—
(i) an offence against this schedule; or
(ii) an offence in relation to the falsity of the information,
answer or document; and
(b) evidence that was discovered as a result of the information or
answer, and that could not have been discovered but for the
giving of the information or answering of the question, is not
admissible against the individual in a criminal proceeding.
3 Inspection of documents
(1) If a document is produced to an investigator, the investigator may—
(c) keep the document while it is necessary for the investigation.
(2) If the investigator keeps the document, the investigator must permit a
reasonable time and in the reasonable way decided by the
investigator.
4 Entering places
For the purposes of conducting an investigation, an investigator may
enter a place if—
(a) its occupier consents to the entry of the place; or
(b) it is a public place and the entry is made when it is open to the
public; or
(c) the entry is authorised by a warrant.
5 Application for warrant
(1) An investigator may apply to a magistrate of a participating
jurisdiction for a warrant for a place.
(2) The investigator must prepare a written application that states the
grounds on which the warrant is sought.
(3) The written application must be sworn.
(4) The magistrate may refuse to consider the application until the
investigator gives the magistrate all the information the magistrate
requires about the application in the way the magistrate requires.
6 Issue of warrant
(1) The magistrate may issue the warrant only if the magistrate is
satisfied there are reasonable grounds for suspecting there is evidence
about a matter being investigated by the investigator at the place.
(2) The warrant must state—
(a) that a stated investigator may, with necessary and reasonable
help and force—
(i) enter the place and any other place necessary for entry; and
(ii) exercise the investigator’s powers under this Part; and
(b) the matter for which the warrant is sought; and
(c) the evidence that may be seized under the warrant; and
(d) the hours of the day or night when the place may be entered; and
(e) the date, within 14 days after the warrant’s issue, the warrant
7 Application by electronic communication
(1) An investigator may apply for a warrant by phone, facsimile, email,
radio, video conferencing or another form of communication if the
investigator considers it necessary because of—
(a) urgent circumstances; or
(b) other special circumstances, including the investigator’s remote
location.
(2) The application—
(a) may not be made before the investigator prepares the written
application under clause 5 (2); but
(b) may be made before the written application is sworn.
(3) The magistrate may issue the warrant (the original warrant) only if
the magistrate is satisfied—
(a) it was necessary to make the application under subclause (1);
and
(b) the way the application was made under subclause (1) was
appropriate.
(4) After the magistrate issues the original warrant—
(a) if there is a reasonably practicable way of immediately giving a
copy of the warrant to the investigator, for example, by sending
a copy by fax or email, the magistrate must immediately give a
copy of the warrant to the investigator; or
(i) the magistrate must tell the investigator the date and time
the warrant is issued and the other terms of the warrant;
and
(ii) the investigator must complete a form of warrant including
by writing on it—
(A) the magistrate’s name; and
(B) the date and time the magistrate issued the warrant;
and
(C) the other terms of the warrant.
(5) The copy of the warrant referred to in subclause (4) (a), or the form
of warrant completed under subclause (4) (b) (in either case the
duplicate warrant), is a duplicate of, and as effectual as, the original
warrant.
(6) The investigator must, at the first reasonable opportunity, send to the
magistrate—
(a) the written application complying with clause 5 (2) and (3); and
(b) if the investigator completed a form of warrant under subclause
(4) (b), the completed form of warrant.
(7) The magistrate must keep the original warrant and, on receiving the
documents under subclause (6), file the original warrant and
documents in the court.
(8) Despite subclause (5), if—
(a) an issue arises in a proceeding about whether an exercise of a
power was authorised by a warrant issued under this clause; and
(b) the original warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the
exercise of the power to prove a warrant authorised the exercise of
(9) This clause does not limit clause 5.
8 Procedure before entry under warrant
(1) Before entering a place under a warrant, an investigator must do or
make a reasonable attempt to do the following—
(a) identify himself or herself to a person present at the place who
is an occupier of the place by producing the investigator’s
identity card or another document evidencing the investigator’s
appointment;
(b) give the person a copy of the warrant;
(c) tell the person the investigator is permitted by the warrant to
enter the place;
(d) give the person an opportunity to allow the investigator
immediate entry to the place without using force.
(2) However, the investigator need not comply with subclause (1) if the
investigator reasonably believes that immediate entry to the place is
required to ensure the effective execution of the warrant is not
frustrated.
9 Powers after entering places
(1) This clause applies if an investigator enters a place under clause 4.
(2) The investigator may for the purposes of the investigation do the
(a) search any part of the place;
Clause 10
(b) inspect, measure, test, photograph or film any part of the place
or anything at the place;
(c) take a thing, or a sample of or from a thing, at the place for
analysis, measurement or testing;
(d) copy, or take an extract from, a document, at the place;
(e) take into or onto the place any person, equipment and materials
the investigator reasonably requires for exercising a power
under this Part;
(f) require the occupier of the place, or a person at the place, to give
the investigator reasonable help to exercise the investigator’s
powers under paragraphs (a) to (e);
(g) require the occupier of the place, or a person at the place, to give
the investigator information to help the investigator in
conducting the investigation.
(3) When making a requirement referred to in subclause (2) (f) or (g), the
investigator must warn the person it is an offence to fail to comply
with the requirement unless the person has a reasonable excuse.
10 Offences for failing to comply with requirement under
clause 9
(1) A person required to give reasonable help under clause 9 (2) (f) must
(2) A person of whom a requirement is made under clause 9 (2) (g) must
(3) It is a reasonable excuse for an individual not to comply with a
requirement under clause 9 (2) (f) or (g) that complying with the
requirement might tend to incriminate the individual.
11 Seizure of evidence
(1) An investigator who enters a public place when the place is open to
the public may seize a thing at the place if the investigator reasonably
believes the thing is evidence that is relevant to the investigation
being conducted by the investigator.
(2) If an investigator enters a place with the occupier’s consent, the
investigator may seize a thing at the place if—
(a) the investigator reasonably believes the thing is evidence that is
relevant to the investigation being conducted by the investigator;
and
(b) seizure of the thing is consistent with the purpose of the entry as
told to the occupier when asking for the occupier’s consent.
(3) If an investigator enters a place with a warrant, the investigator may
seize the evidence for which the warrant was issued.
(4) For the purposes of subclauses (2) and (3), the investigator may also
seize anything else at the place if the investigator reasonably
believes—
(a) the thing is evidence that is relevant to the investigation; and
(b) the seizure is necessary to prevent the thing being hidden, lost
or destroyed.
12 Securing seized things
Having seized a thing, an investigator may—
(a) move the thing from the place where it was seized; or
(b) leave the thing at the place where it was seized but take
reasonable action to restrict access to it.
13 Receipt for seized things
(1) As soon as practicable after an investigator seizes a thing, the
investigator must give a receipt for it to the person from whom it was
seized.
subclause (1), the investigator must leave the receipt at the place of
seizure in a conspicuous position and in a reasonably secure way.
(3) The receipt must describe generally the seized thing and its condition.
(4) This clause does not apply to a thing if it is impracticable or would be
unreasonable to give the receipt given the thing’s nature, condition
and value.
14 Forfeiture of seized thing
(1) A seized thing is forfeited to the National Agency if the investigator
who seized the thing—
(a) cannot find its owner, after making reasonable inquiries; or
(b) cannot return it to its owner, after making reasonable efforts.
(2) In applying subclause (1)—
(a) subclause (1) (a) does not require the investigator to make
inquiries if it would be unreasonable to make inquiries to find
the owner; and
Clause 15
(b) subclause (1) (b) does not require the investigator to make
efforts if it would be unreasonable to make efforts to return the
thing to its owner.
(3) Regard must be had to a thing’s nature, condition and value in
deciding—
(a) whether it is reasonable to make inquiries or efforts; and
(b) if making inquiries or efforts, what inquiries or efforts, including
the period over which they are made, are reasonable.
15 Dealing with forfeited things
(1) On the forfeiture of a thing to the National Agency, the thing becomes
the Agency’s property and may be dealt with by the Agency as the
Agency considers appropriate.
(2) Without limiting subclause (1), the National Agency may destroy or
dispose of the thing.
16 Return of seized things
(1) If a seized thing has not been forfeited, the investigator must return it
to its owner—
(a) at the end of 6 months; or
(b) if proceedings involving the thing are started within 6 months,
at the end of the proceedings and any appeal from the
proceedings.
(2) Despite subclause (1), unless the thing has been forfeited, the
investigator must immediately return a thing seized as evidence to its
owner if the investigator is no longer satisfied its continued retention
as evidence is necessary.
17 Access to seized things
(1) Until a seized thing is forfeited or returned, an investigator must allow
its owner to inspect it and, if it is a document, to copy it.
(2) Subclause (1) does not apply if it is impracticable or would be
unreasonable to allow the inspection or copying.
Clause 18
18 Damage to property
(1) This clause applies if—
(a) an investigator damages property when exercising or purporting to
exercise a power; or
(b) a person (the other person) acting under the direction of an
investigator damages property.
(2) The investigator must promptly give written notice of particulars of
the damage to the person who appears to the investigator to be the
owner of the property.
(3) If the investigator believes the damage was caused by a latent defect
in the property or circumstances beyond the investigator’s or other
person’s control, the investigator must state the belief in the notice.
(4) If, for any reason, it is impracticable to comply with subclause (2),
the investigator must leave the notice in a conspicuous position and
in a reasonably secure way where the damage happened.
(5) This clause does not apply to damage the investigator reasonably
believes is trivial.
(6) In this clause—
owner, of property, includes the person in possession or control of it.