Preliminary

sec.1 Short title

This Act may be cited as the Health Practitioner Regulation National Law Act 2009 .

sec.2 Commencement

This Act, other than part 4 , commences on 1 July 2010.

sec.3 Definitions

For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Health Practitioner Regulation National Law set out in the schedule. In the local application provisions of this Act— health ombudsman means the health ombudsman under the Health Ombudsman Act 2013 . Health Practitioner Regulation National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 . Terms used in the local application provisions of this Act and also in the Health Practitioner Regulation National Law set out in the schedule have the same meanings in those provisions as they have in that Law. s 3 def health ombudsman ins 2013 No. 36 s 323 (sec.3-ssec.1) For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Health Practitioner Regulation National Law set out in the schedule. (sec.3-ssec.2) In the local application provisions of this Act— health ombudsman means the health ombudsman under the Health Ombudsman Act 2013 . Health Practitioner Regulation National Law (Queensland) means the provisions applying in this jurisdiction because of section 4 . (sec.3-ssec.3) Terms used in the local application provisions of this Act and also in the Health Practitioner Regulation National Law set out in the schedule have the same meanings in those provisions as they have in that Law.

Adoption of Health Practitioner Regulation National Law

sec.4 Application of Health Practitioner Regulation National Law

The Health Practitioner Regulation National Law set out in the schedule, as modified by part 4 — applies as a law of this jurisdiction; and as so applying, may be referred to as the Health Practitioner Regulation National Law (Queensland) ; and as so applying, is a part of this Act. A copy of the Health Practitioner Regulation National Law (Queensland) may be authorised by the parliamentary counsel. If a copy mentioned in subsection (2) is authorised under that subsection, the copy— is to indicate that fact in a suitable place; and is a reprint of a law authorised by the parliamentary counsel for the purposes of the Reprints Act 1992 . s 4 amd 2013 No. 36 s 324 (sec.4-ssec.1) The Health Practitioner Regulation National Law set out in the schedule, as modified by part 4 — applies as a law of this jurisdiction; and as so applying, may be referred to as the Health Practitioner Regulation National Law (Queensland) ; and as so applying, is a part of this Act. (sec.4-ssec.2) A copy of the Health Practitioner Regulation National Law (Queensland) may be authorised by the parliamentary counsel. (sec.4-ssec.3) If a copy mentioned in subsection (2) is authorised under that subsection, the copy— is to indicate that fact in a suitable place; and is a reprint of a law authorised by the parliamentary counsel for the purposes of the Reprints Act 1992 .

• (a) applies as a law of this jurisdiction; and
• (b) as so applying, may be referred to as the Health Practitioner Regulation National Law (Queensland) ; and
• (c) as so applying, is a part of this Act.
• (a) is to indicate that fact in a suitable place; and
• (b) is a reprint of a law authorised by the parliamentary counsel for the purposes of the Reprints Act 1992 .

sec.5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction

In the Health Practitioner Regulation National Law (Queensland) — magistrate means a magistrate appointed under the Magistrates Act 1991 . Magistrates Court means a Magistrates Court established under the Justices Act 1886 . this jurisdiction means Queensland.

sec.6 Responsible tribunal for Health Practitioner Regulation National Law (Queensland)

QCAT is declared to be the responsible tribunal for this jurisdiction for the purposes of the Health Practitioner Regulation National Law (Queensland) .

sec.7 Exclusion of legislation of this jurisdiction

The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (Queensland) or to the instruments made under that law— the Acts Interpretation Act 1954 ; the Auditor-General Act 2009 ; the Financial Accountability Act 2009 ; the Information Privacy Act 2009 ; the Ombudsman Act 2001 ; the Public Sector Act 2022 ; the Right to Information Act 2009 ; the Statutory Bodies Financial Arrangements Act 1982 ; the Statutory Instruments Act 1992 . s 7 amd 2022 No. 34 s 365 sch 3

• (a) the Acts Interpretation Act 1954 ;
• (b) the Auditor-General Act 2009 ;
• (c) the Financial Accountability Act 2009 ;
• (d) the Information Privacy Act 2009 ;
• (e) the Ombudsman Act 2001 ;
• (f) the Public Sector Act 2022 ;
• (g) the Right to Information Act 2009 ;
• (h) the Statutory Bodies Financial Arrangements Act 1982 ;
• (i) the Statutory Instruments Act 1992 .

sec.7A Co-regulatory jurisdiction

It is declared that this jurisdiction is not participating in the health, performance and conduct process provided by part 8 , divisions 3 to 12 of the Health Practitioner Regulation National Law set out in the schedule. See the Health Practitioner Regulation National Law (Queensland) , section 5 , definition co-regulatory jurisdiction . s 7A ins 2013 No. 36 s 325

sec.7B Co-regulatory authority

It is declared that the health ombudsman is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law (Queensland) . See the Health Practitioner Regulation National Law (Queensland) , section 5 , definition co-regulatory authority . s 7B ins 2013 No. 36 s 325

sec.7C Adjudication body

It is declared that the health ombudsman is an adjudication body for the purposes of the Health Practitioner Regulation National Law (Queensland) . See the Health Practitioner Regulation National Law (Queensland) , section 5 , definition adjudication body . s 7C ins 2013 No. 36 s 325

Provisions specific to this jurisdiction

sec.8 Police commissioner may give criminal history information

The police commissioner may give criminal history information to— a National Board; or ACC, or a police force or service of the Commonwealth or another State, for the purpose of ACC or the police force or service giving the criminal history information to a National Board. In this section— criminal history information means information about a person’s criminal history that may be included in a written report under the Health Practitioner Regulation National Law (Queensland) , section 79 or 135 . s 8 amd 2017 No. 32 s 56 (sec.8-ssec.1) The police commissioner may give criminal history information to— a National Board; or ACC, or a police force or service of the Commonwealth or another State, for the purpose of ACC or the police force or service giving the criminal history information to a National Board. (sec.8-ssec.2) In this section— criminal history information means information about a person’s criminal history that may be included in a written report under the Health Practitioner Regulation National Law (Queensland) , section 79 or 135 .

• (a) a National Board; or
• (b) ACC, or a police force or service of the Commonwealth or another State, for the purpose of ACC or the police force or service giving the criminal history information to a National Board.

sec.9 Review of decision by QCAT as responsible tribunal

A reference in the Health Practitioner Regulation National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the responsible tribunal, a reference to a review of the decision as provided under the QCAT Act .

sec.9A Regulation-making power

The Governor in Council may make regulations under this Act. s 9A prev s 9A ins 2010 No. 14 s 15 exp 30 June 2013 (see s 9A(4)) pres s 9A ins 2022 No. 22 s 147

sec.10 Repeal

The Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 , No. 62 is repealed.

Modifications of National Law provisions

Dealing with notifications

Matters referred to the National Agency by the health ombudsman

sec.34-frag-div.5-sec.148 Application of div 5

This division applies if, under the Health Ombudsman Act 2013 , part 9, division 1, the health ombudsman refers a matter to the National Agency.

sec.34-frag-div.5-sec.149 Referral of matter to National Board

The National Agency must immediately refer the matter to the National Board established for the health practitioner’s or student’s profession.

sec.34-frag-div.5-sec.150 Preliminary assessment

A National Board must, within 60 days after receipt of a referred matter under section 148 , conduct a preliminary assessment of the referred matter and decide— whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and whether or not the referred matter relates to a matter that is a ground for notification. Without limiting subsection (1) (b) , the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct. If the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board. (sec.34-frag-div.5-sec.150-ssec.1) A National Board must, within 60 days after receipt of a referred matter under section 148 , conduct a preliminary assessment of the referred matter and decide— whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and whether or not the referred matter relates to a matter that is a ground for notification. (sec.34-frag-div.5-sec.150-ssec.2) Without limiting subsection (1) (b) , the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct. (sec.34-frag-div.5-sec.150-ssec.3) If the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board.

• (a) whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and
• (b) whether or not the referred matter relates to a matter that is a ground for notification.

sec.34-frag-div.5-sec.150A Power to require information

For the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way. The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000. Without limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual. (sec.34-frag-div.5-sec.150A-ssec.1) For the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way. (sec.34-frag-div.5-sec.150A-ssec.2) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000. (sec.34-frag-div.5-sec.150A-ssec.3) Without limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual.

• (a) in the case of an individual—$5,000; or
• (b) in the case of a body corporate—$10,000.

sec.34-frag-div.5-sec.150B Inspection of documents

If a document is produced to a National Board, the Board may— inspect the document; and make a copy of, or take an extract from, the document; and keep the document while it is necessary for the preliminary assessment of a referred matter. If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board. (sec.34-frag-div.5-sec.150B-ssec.1) If a document is produced to a National Board, the Board may— inspect the document; and make a copy of, or take an extract from, the document; and keep the document while it is necessary for the preliminary assessment of a referred matter. (sec.34-frag-div.5-sec.150B-ssec.2) If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board.

• (a) inspect the document; and
• (b) make a copy of, or take an extract from, the document; and
• (c) keep the document while it is necessary for the preliminary assessment of a referred matter.

sec.34-frag-div.5-sec.150C Referral to other entities

If, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity. A decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter. If the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity— if the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and any other information the Board has that is relevant to the referred matter. The National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved. The other entity may provide the information requested by the National Board. (sec.34-frag-div.5-sec.150C-ssec.1) If, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity. (sec.34-frag-div.5-sec.150C-ssec.2) A decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter. (sec.34-frag-div.5-sec.150C-ssec.3) If the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity— if the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and any other information the Board has that is relevant to the referred matter. (sec.34-frag-div.5-sec.150C-ssec.4) The National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved. (sec.34-frag-div.5-sec.150C-ssec.5) The other entity may provide the information requested by the National Board.

• (a) if the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and
• (b) any other information the Board has that is relevant to the referred matter.

sec.34-frag-div.5-sec.151 When National Board may decide to take no further action

A National Board may decide to take no further action in relation to a referred matter if— the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or the subject matter of the referred matter has already been dealt with adequately by the Board; or the subject matter of the referred matter— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter. A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity. A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner. If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter. A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the referred matter; and the reason the Board has decided to take no further action. (sec.34-frag-div.5-sec.151-ssec.1) A National Board may decide to take no further action in relation to a referred matter if— the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or the subject matter of the referred matter has already been dealt with adequately by the Board; or the subject matter of the referred matter— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter. (sec.34-frag-div.5-sec.151-ssec.1A) A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity. (sec.34-frag-div.5-sec.151-ssec.2) A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner. (sec.34-frag-div.5-sec.151-ssec.3) If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter. (sec.34-frag-div.5-sec.151-ssec.4) A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the referred matter; and the reason the Board has decided to take no further action.

• (a) the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or
• (b) given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or
• (c) the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or
• (d) the subject matter of the referred matter has already been dealt with adequately by the Board; or
• (e) the subject matter of the referred matter— (i) is being dealt with, or has already been dealt with, by another entity; or (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or
• (i) is being dealt with, or has already been dealt with, by another entity; or
• (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or
• (f) the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter.
• (i) is being dealt with, or has already been dealt with, by another entity; or
• (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or
• (a) that the National Board has decided to take no further action in relation to the referred matter; and
• (b) the reason the Board has decided to take no further action.

Referring matter to health ombudsman and responsible tribunals

sec.11 Meaning of National Law provisions

In this part— National Law provisions means the provisions of the Health Practitioner Regulation National Law set out in the schedule. s 11 ins 2013 No. 36 s 326

sec.12 Operation of pt 4

This part states the modifications of the National Law provisions for the purpose of applying the modified provisions as a law of this jurisdiction under section 4 . s 12 ins 2013 No. 36 s 326

Section sec.13

s 13 ins 2013 No. 36 s 326 om 2022 No. 22 s 131

Section sec.14

s 14 ins 2013 No. 36 s 326 om 2022 No. 22 s 131

sec.15 Amendment of s 5 (Definitions)

National Law provisions, section 5 — insert — complainant , for part 8 , see section 139C . complaint , for part 8 , see section 139C . health ombudsman means the health ombudsman under the Health Ombudsman Act 2013 . Office of the Health Ombudsman means the Office of the Health Ombudsman established under the Health Ombudsman Act 2013 . referred matter means a complaint or other matter referred by the health ombudsman to the National Agency under the Health Ombudsman Act 2013 , section 91 . National Law provisions, section 5 , definition adjudication body — insert— The health ombudsman is an adjudication body. National Law provisions, section 5 , definition co-regulatory authority — insert— The health ombudsman is a co-regulatory authority. National Law provisions, section 5 , definition co-regulatory jurisdiction — insert— Queensland is a co-regulatory jurisdiction. National Law provisions, section 5 , definition mandatory notification , ‘National Agency’— omit, insert— health ombudsman National Law provisions, section 5 , definition responsible tribunal — insert— QCAT is the responsible tribunal for this jurisdiction. s 15 ins 2013 No. 36 s 326 amd 2022 No. 22 s 136 (sec.15-ssec.1) National Law provisions, section 5 — insert — complainant , for part 8 , see section 139C . complaint , for part 8 , see section 139C . health ombudsman means the health ombudsman under the Health Ombudsman Act 2013 . Office of the Health Ombudsman means the Office of the Health Ombudsman established under the Health Ombudsman Act 2013 . referred matter means a complaint or other matter referred by the health ombudsman to the National Agency under the Health Ombudsman Act 2013 , section 91 . (sec.15-ssec.2) National Law provisions, section 5 , definition adjudication body — insert— The health ombudsman is an adjudication body. (sec.15-ssec.3) National Law provisions, section 5 , definition co-regulatory authority — insert— The health ombudsman is a co-regulatory authority. (sec.15-ssec.4) National Law provisions, section 5 , definition co-regulatory jurisdiction — insert— Queensland is a co-regulatory jurisdiction. (sec.15-ssec.5) National Law provisions, section 5 , definition mandatory notification , ‘National Agency’— omit, insert— health ombudsman (sec.15-ssec.6) National Law provisions, section 5 , definition responsible tribunal — insert— QCAT is the responsible tribunal for this jurisdiction.

sec.16 Amendment of s 11 (Policy directions)

National Law provisions, section 11 (5)(c), after ‘notification’— insert— , referred matter s 16 ins 2013 No. 36 s 326

Section sec.17

s 17 ins 2013 No. 36 s 326 om 2022 No. 22 s 132

sec.18 Amendment of s 25 (Functions of National Agency)

National Law provisions, section 25 (i)— omit, insert— to establish an efficient procedure for receiving and dealing with matters referred to it by the health ombudsman about persons who are or were registered health practitioners and persons who are students; s 18 ins 2013 No. 36 s 326

• (i) to establish an efficient procedure for receiving and dealing with matters referred to it by the health ombudsman about persons who are or were registered health practitioners and persons who are students;

sec.19 Insertion of new s 26A

National Law provisions, after section 26 — insert — For each financial year, the responsible Minister must decide, for each health profession, the amount of the complaints component of registration fees payable by Queensland health practitioners registered in the profession for the financial year. The amount decided by the responsible Minister must reflect the reasonable cost of the health ombudsman performing functions, relating to the health, conduct and performance of health practitioners registered in the health profession, that would be performed by the National Agency and the National Board established for the health profession if the Health Ombudsman Act 2013 had not been enacted. The responsible Minister must consult with the Ministerial Council, National Agency and National Boards before making the decision. The responsible Minister must give written notice of the decision to the National Agency at least 1 month before the decision takes effect. As soon as practicable after being notified of the decision, the National Agency must publish the decision to the public. The National Agency must pay the amount to the health ombudsman. The payment under subsection (6) is to be made during the financial year in instalments of the frequency, at least monthly, decided by the responsible Minister. In this section— complaints component means a component for the costs of performing the health ombudsman’s functions in relation to registered health practitioners. Queensland health practitioner means— a registered health practitioner whose principal place of practice is in this jurisdiction; or an applicant for registration whose application for registration includes a declaration under section 77 (3) that— the applicant will predominantly practise the profession in this jurisdiction; or the applicant’s principal place of residence is in this jurisdiction. registration fee means a relevant fee payable by a health practitioner for registration or renewal of registration under this Law. s 19 ins 2013 No. 36 s 326 (sec.19-frag-sec.26A-ssec.1) For each financial year, the responsible Minister must decide, for each health profession, the amount of the complaints component of registration fees payable by Queensland health practitioners registered in the profession for the financial year. (sec.19-frag-sec.26A-ssec.2) The amount decided by the responsible Minister must reflect the reasonable cost of the health ombudsman performing functions, relating to the health, conduct and performance of health practitioners registered in the health profession, that would be performed by the National Agency and the National Board established for the health profession if the Health Ombudsman Act 2013 had not been enacted. (sec.19-frag-sec.26A-ssec.3) The responsible Minister must consult with the Ministerial Council, National Agency and National Boards before making the decision. (sec.19-frag-sec.26A-ssec.4) The responsible Minister must give written notice of the decision to the National Agency at least 1 month before the decision takes effect. (sec.19-frag-sec.26A-ssec.5) As soon as practicable after being notified of the decision, the National Agency must publish the decision to the public. (sec.19-frag-sec.26A-ssec.6) The National Agency must pay the amount to the health ombudsman. (sec.19-frag-sec.26A-ssec.7) The payment under subsection (6) is to be made during the financial year in instalments of the frequency, at least monthly, decided by the responsible Minister. (sec.19-frag-sec.26A-ssec.8) In this section— complaints component means a component for the costs of performing the health ombudsman’s functions in relation to registered health practitioners. Queensland health practitioner means— a registered health practitioner whose principal place of practice is in this jurisdiction; or an applicant for registration whose application for registration includes a declaration under section 77 (3) that— the applicant will predominantly practise the profession in this jurisdiction; or the applicant’s principal place of residence is in this jurisdiction. registration fee means a relevant fee payable by a health practitioner for registration or renewal of registration under this Law.

• (a) a registered health practitioner whose principal place of practice is in this jurisdiction; or
• (b) an applicant for registration whose application for registration includes a declaration under section 77 (3) that— (i) the applicant will predominantly practise the profession in this jurisdiction; or (ii) the applicant’s principal place of residence is in this jurisdiction.
• (i) the applicant will predominantly practise the profession in this jurisdiction; or
• (ii) the applicant’s principal place of residence is in this jurisdiction.
• (i) the applicant will predominantly practise the profession in this jurisdiction; or
• (ii) the applicant’s principal place of residence is in this jurisdiction.

sec.20 Amendment of s 35 (Functions of National Boards)

National Law provisions, section 35 (1)(g), ‘receipt, assessment and investigation of notifications’— omit, insert— assessment and investigation of matters referred to it by the National Agency National Law provisions, section 35 (1)(i), after ‘jurisdictions’— insert— or to the health ombudsman National Law provisions, section 35 (2), ‘receiving notifications and’— omit. National Law provisions, section 35 (2), after ‘jurisdiction’— insert— unless the National Agency has referred the relevant matter to the Board s 20 ins 2013 No. 36 s 326 (sec.20-ssec.1) National Law provisions, section 35 (1)(g), ‘receipt, assessment and investigation of notifications’— omit, insert— assessment and investigation of matters referred to it by the National Agency (sec.20-ssec.2) National Law provisions, section 35 (1)(i), after ‘jurisdictions’— insert— or to the health ombudsman (sec.20-ssec.3) National Law provisions, section 35 (2), ‘receiving notifications and’— omit. (sec.20-ssec.4) National Law provisions, section 35 (2), after ‘jurisdiction’— insert— unless the National Agency has referred the relevant matter to the Board

sec.20A Amendment of s 112 (Decision about application for renewal)

National Law provisions, section 112 (2) (ba) , after ‘Board’— insert— , or to the health ombudsman under the Health Ombudsman Act 2013 , part 7, division 1, National Law provisions, section 112 (3) (c) , after ‘Board’— insert— , or to the health ombudsman under the Health Ombudsman Act 2013 , part 7, division 1, National Law provisions, section 112 (3) , note, after ‘Board’— insert— or health ombudsman s 20A ins 2022 No. 22 s 133 (sec.20A-ssec.1) National Law provisions, section 112 (2) (ba) , after ‘Board’— insert— , or to the health ombudsman under the Health Ombudsman Act 2013 , part 7, division 1, (sec.20A-ssec.2) National Law provisions, section 112 (3) (c) , after ‘Board’— insert— , or to the health ombudsman under the Health Ombudsman Act 2013 , part 7, division 1, (sec.20A-ssec.3) National Law provisions, section 112 (3) , note, after ‘Board’— insert— or health ombudsman

sec.20B Amendment of s 125 (Changing or removing conditions or undertaking on application by registered health practitioner or student)

National Law provisions, section 125 (1) (a) (ii) , after ‘practitioner’— insert— to the Board s 20B ins 2022 No. 22 s 133

sec.21 Amendment of s 138 (Application of Part to persons who are registered health practitioners)

National Law provisions, section 138 — insert— Also, a referred matter may be dealt with under this Part about a person who is a registered health practitioner in relation to the practitioner’s behaviour at a time specified in subsection (1)(a) to (c). s 21 ins 2013 No. 36 s 326 sub 2022 No. 22 s 137 (sec.21-frag-ssec.1A) Also, a referred matter may be dealt with under this Part about a person who is a registered health practitioner in relation to the practitioner’s behaviour at a time specified in subsection (1)(a) to (c).

sec.22 Amendment of s 139A (Application of Part to persons who were registered health practitioners)

National Law provisions, section 139A — insert— Also, a referred matter may be dealt with under this Part about the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered. National Law provisions, section 139A (3) , ‘ subsection (2) ’— omit, insert— subsections (2) and (2A) s 22 ins 2013 No. 36 s 326 sub 2022 No. 22 s 137 (sec.22-ssec.1) National Law provisions, section 139A — insert— Also, a referred matter may be dealt with under this Part about the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered. (sec.22-ssec.1-frag-ssec.2A) Also, a referred matter may be dealt with under this Part about the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered. (sec.22-ssec.2) National Law provisions, section 139A (3) , ‘ subsection (2) ’— omit, insert— subsections (2) and (2A)

sec.22A Amendment of s 139B (Application of Part to persons who were registered under corresponding prior Act)

National Law provisions, section 139B — insert— Also, a referred matter may be dealt with under this Part about the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act. National Law provisions, section 139B (3) , ‘ subsection (2) applies’— omit, insert— subsections (2) and (2A) apply National Law provisions, section 139B (4) , ‘ subsection (2) ’— omit, insert— subsections (2) and (2A) s 22A ins 2022 No. 22 s 137 (sec.22A-ssec.1) National Law provisions, section 139B — insert— Also, a referred matter may be dealt with under this Part about the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act. (sec.22A-ssec.1-frag-ssec.2A) Also, a referred matter may be dealt with under this Part about the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act. (sec.22A-ssec.2) National Law provisions, section 139B (3) , ‘ subsection (2) applies’— omit, insert— subsections (2) and (2A) apply (sec.22A-ssec.3) National Law provisions, section 139B (4) , ‘ subsection (2) ’— omit, insert— subsections (2) and (2A)

sec.23 Insertion of new s 139C

National Law provisions, after section 139B — insert— In this part— complainant means a person who makes a complaint. complaint means— a notification under division 2 or 3 ; or a health service complaint under the Health Ombudsman Act 2013 . s 23 ins 2013 No. 36 s 326 amd 2022 No. 22 s 138

• (a) a notification under division 2 or 3 ; or
• (b) a health service complaint under the Health Ombudsman Act 2013 .

sec.24 Insertion of new s 139D

National Law provisions, part 8 , division 2 — insert— This division applies in relation to notifiable conduct of a registered health practitioner only if the conduct occurs in this jurisdiction. This division applies in relation to a student’s impairment only if the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction. s 24 ins 2013 No. 36 s 326 amd 2022 No. 22 s 139 (sec.24-frag-sec.139D-ssec.1) This division applies in relation to notifiable conduct of a registered health practitioner only if the conduct occurs in this jurisdiction. (sec.24-frag-sec.139D-ssec.2) This division applies in relation to a student’s impairment only if the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction.

sec.25 Amendment of s 141 (Mandatory notifications by health practitioners other than treating practitioners)

National Law provisions, section 141 (2) and (4)(e), ‘National Agency’— omit, insert— health ombudsman National Law provisions, section 141 (3), after ‘this Part’— insert— or the Health Ombudsman Act 2013 s 25 ins 2013 No. 36 s 326 amd 2019 No. 3 s 4 (sec.25-ssec.1) National Law provisions, section 141 (2) and (4)(e), ‘National Agency’— omit, insert— health ombudsman (sec.25-ssec.2) National Law provisions, section 141 (3), after ‘this Part’— insert— or the Health Ombudsman Act 2013

sec.25A Amendment of s 141A (Mandatory notifications by treating practitioners of sexual misconduct)

Section 141A (2) , ‘National Agency’— omit, insert— health ombudsman Section 141A (3) , after ‘this Part’— insert— or the Health Ombudsman Act 2013 s 25A ins 2019 No. 3 s 5 (sec.25A-ssec.1) Section 141A (2) , ‘National Agency’— omit, insert— health ombudsman (sec.25A-ssec.2) Section 141A (3) , after ‘this Part’— insert— or the Health Ombudsman Act 2013

sec.25B Amendment of s 141B (Mandatory notifications by treating practitioners of substantial risk of harm to public)

Section 141B (2) and (4) , ‘National Agency’— omit, insert— health ombudsman Section 141B (6) , after ‘this Part’— insert— or the Health Ombudsman Act 2013 s 25B ins 2019 No. 3 s 5 (sec.25B-ssec.1) Section 141B (2) and (4) , ‘National Agency’— omit, insert— health ombudsman (sec.25B-ssec.2) Section 141B (6) , after ‘this Part’— insert— or the Health Ombudsman Act 2013

sec.25C Amendment of s 141C (When practitioner does not form reasonable belief in course of providing health service)

Section 141C (2) (e) , ‘National Agency’— omit, insert— health ombudsman s 25C ins 2019 No. 3 s 5

sec.26 Amendment of s 142 (Mandatory notifications by employers)

National Law provisions, section 142 (1), ‘National Agency’— omit, insert— health ombudsman National Law provisions, section 142 (2) and (3)— omit, insert— If the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1) , the health ombudsman— must notify the National Agency; and may— refer the matter to the employer’s licensing authority; or refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or advise the responsible Minister of the matter. National Law provisions, section 142 (4)— renumber as section 142 (3). s 26 ins 2013 No. 36 s 326 (sec.26-ssec.1) National Law provisions, section 142 (1), ‘National Agency’— omit, insert— health ombudsman (sec.26-ssec.2) National Law provisions, section 142 (2) and (3)— omit, insert— If the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1) , the health ombudsman— must notify the National Agency; and may— refer the matter to the employer’s licensing authority; or refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or advise the responsible Minister of the matter. (sec.26-ssec.3) National Law provisions, section 142 (4)— renumber as section 142 (3).

• (2) If the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1) , the health ombudsman— (a) must notify the National Agency; and (b) may— (i) refer the matter to the employer’s licensing authority; or (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or (iii) advise the responsible Minister of the matter.
• (a) must notify the National Agency; and
• (b) may— (i) refer the matter to the employer’s licensing authority; or (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or (iii) advise the responsible Minister of the matter.
• (i) refer the matter to the employer’s licensing authority; or
• (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or
• (iii) advise the responsible Minister of the matter.
• (a) must notify the National Agency; and
• (b) may— (i) refer the matter to the employer’s licensing authority; or (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or (iii) advise the responsible Minister of the matter.
• (i) refer the matter to the employer’s licensing authority; or
• (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or
• (iii) advise the responsible Minister of the matter.
• (i) refer the matter to the employer’s licensing authority; or
• (ii) refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or
• (iii) advise the responsible Minister of the matter.

sec.27 Amendment of s 143 (Mandatory notifications by education providers)

National Law provisions, section 143 (1), ‘National Agency’— omit, insert— health ombudsman National Law provisions, section 143 (2) and (3)— renumber as section 143 (3) and (4). National Law provisions, section 143 — insert— The health ombudsman must give to the National Agency a copy of each notification received under subsection (1) . s 27 ins 2013 No. 36 s 326 (sec.27-ssec.1) National Law provisions, section 143 (1), ‘National Agency’— omit, insert— health ombudsman (sec.27-ssec.2) National Law provisions, section 143 (2) and (3)— renumber as section 143 (3) and (4). (sec.27-ssec.3) National Law provisions, section 143 — insert— The health ombudsman must give to the National Agency a copy of each notification received under subsection (1) .

• (2) The health ombudsman must give to the National Agency a copy of each notification received under subsection (1) .

sec.28 Insertion of new s 143A

National Law provisions, part 8 , division 3 — insert— This division applies in relation to a registered health practitioner only if the notification concerns conduct occurring in this jurisdiction or the practitioner’s principal place of practice is in this jurisdiction. This division applies in relation to a student only if the notification concerns conduct occurring in this jurisdiction or the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction. s 28 ins 2013 No. 36 s 326 (sec.28-frag-sec.143A-ssec.1) This division applies in relation to a registered health practitioner only if the notification concerns conduct occurring in this jurisdiction or the practitioner’s principal place of practice is in this jurisdiction. (sec.28-frag-sec.143A-ssec.2) This division applies in relation to a student only if the notification concerns conduct occurring in this jurisdiction or the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction.

sec.29 Amendment of s 144 (Grounds for voluntary notification)

National Law provisions, section 144 (1) and (2), ‘National Agency’— omit, insert— health ombudsman s 29 ins 2013 No. 36 s 326

sec.30 Amendment of s 145 (Who may make voluntary notification)

National Law provisions, section 145 , ‘National Agency’— omit, insert— health ombudsman s 30 ins 2013 No. 36 s 326

sec.31 Replacement of pt 8 , div 4 , hdg

National Law provisions, part 8 , division 4 , heading— omit, insert— s 31 ins 2013 No. 36 s 326

sec.32 Replacement of s 146 (How notification is made)

National Law provisions, section 146 — omit, insert— The Health Ombudsman Act 2013 applies to a notification (including the making of a notification) under division 2 or 3 — as if references in that Act to a complaint or complainant were references to a notification or notifier; and with other necessary changes. If a person makes a notification to the health ombudsman under division 2 or 3 , the health ombudsman must deal with it under the Health Ombudsman Act 2013 as if it were a complaint made under part 3 , division 2 of that Act. s 32 ins 2013 No. 36 s 326 (sec.32-frag-sec.146-ssec.1) The Health Ombudsman Act 2013 applies to a notification (including the making of a notification) under division 2 or 3 — as if references in that Act to a complaint or complainant were references to a notification or notifier; and with other necessary changes. (sec.32-frag-sec.146-ssec.2) If a person makes a notification to the health ombudsman under division 2 or 3 , the health ombudsman must deal with it under the Health Ombudsman Act 2013 as if it were a complaint made under part 3 , division 2 of that Act.

• (a) as if references in that Act to a complaint or complainant were references to a notification or notifier; and
• (b) with other necessary changes.

sec.33 Omission of s 147 (National Agency to provide reasonable assistance to notifier)

National Law provisions, section 147 — omit. s 33 ins 2013 No. 36 s 326

sec.34 Replacement of pt 8 , div 5 (Preliminary assessment)

National Law provisions, part 8 , division 5 — omit, insert— This division applies if, under the Health Ombudsman Act 2013 , part 9, division 1, the health ombudsman refers a matter to the National Agency. The National Agency must immediately refer the matter to the National Board established for the health practitioner’s or student’s profession. A National Board must, within 60 days after receipt of a referred matter under section 148 , conduct a preliminary assessment of the referred matter and decide— whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and whether or not the referred matter relates to a matter that is a ground for notification. Without limiting subsection (1) (b) , the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct. If the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board. For the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way. The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000. Without limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual. If a document is produced to a National Board, the Board may— inspect the document; and make a copy of, or take an extract from, the document; and keep the document while it is necessary for the preliminary assessment of a referred matter. If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board. If, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity. A decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter. If the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity— if the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and any other information the Board has that is relevant to the referred matter. The National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved. The other entity may provide the information requested by the National Board. A National Board may decide to take no further action in relation to a referred matter if— the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or the subject matter of the referred matter has already been dealt with adequately by the Board; or the subject matter of the referred matter— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter. A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity. A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner. If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter. A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the referred matter; and the reason the Board has decided to take no further action. s 34 ins 2013 No. 36 s 326 amd 2017 No. 32 s 57 ; 2019 No. 38 s 66 ; 2022 No. 22 ss 140 , 144 (sec.34-frag-div.5-sec.150-ssec.1) A National Board must, within 60 days after receipt of a referred matter under section 148 , conduct a preliminary assessment of the referred matter and decide— whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and whether or not the referred matter relates to a matter that is a ground for notification. (sec.34-frag-div.5-sec.150-ssec.2) Without limiting subsection (1) (b) , the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct. (sec.34-frag-div.5-sec.150-ssec.3) If the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board. (sec.34-frag-div.5-sec.150A-ssec.1) For the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way. (sec.34-frag-div.5-sec.150A-ssec.2) The person must comply with the notice unless the person has a reasonable excuse. Maximum penalty— in the case of an individual—$5,000; or in the case of a body corporate—$10,000. (sec.34-frag-div.5-sec.150A-ssec.3) Without limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual. (sec.34-frag-div.5-sec.150B-ssec.1) If a document is produced to a National Board, the Board may— inspect the document; and make a copy of, or take an extract from, the document; and keep the document while it is necessary for the preliminary assessment of a referred matter. (sec.34-frag-div.5-sec.150B-ssec.2) If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board. (sec.34-frag-div.5-sec.150C-ssec.1) If, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity. (sec.34-frag-div.5-sec.150C-ssec.2) A decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter. (sec.34-frag-div.5-sec.150C-ssec.3) If the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity— if the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and any other information the Board has that is relevant to the referred matter. (sec.34-frag-div.5-sec.150C-ssec.4) The National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved. (sec.34-frag-div.5-sec.150C-ssec.5) The other entity may provide the information requested by the National Board. (sec.34-frag-div.5-sec.151-ssec.1) A National Board may decide to take no further action in relation to a referred matter if— the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or the subject matter of the referred matter has already been dealt with adequately by the Board; or the subject matter of the referred matter— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter. (sec.34-frag-div.5-sec.151-ssec.1A) A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity. (sec.34-frag-div.5-sec.151-ssec.2) A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner. (sec.34-frag-div.5-sec.151-ssec.3) If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter. (sec.34-frag-div.5-sec.151-ssec.4) A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the referred matter; and the reason the Board has decided to take no further action.

• (a) whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and
• (b) whether or not the referred matter relates to a matter that is a ground for notification.
• (a) in the case of an individual—$5,000; or
• (b) in the case of a body corporate—$10,000.
• (a) inspect the document; and
• (b) make a copy of, or take an extract from, the document; and
• (c) keep the document while it is necessary for the preliminary assessment of a referred matter.
• (a) if the referred matter is a health service complaint under the Health Ombudsman Act 2013 —details of the complaint, the complainant and the health service provider to whom the complaint relates; and
• (b) any other information the Board has that is relevant to the referred matter.
• (a) the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or
• (b) given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or
• (c) the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or
• (d) the subject matter of the referred matter has already been dealt with adequately by the Board; or
• (e) the subject matter of the referred matter— (i) is being dealt with, or has already been dealt with, by another entity; or (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or
• (i) is being dealt with, or has already been dealt with, by another entity; or
• (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or
• (f) the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter.
• (i) is being dealt with, or has already been dealt with, by another entity; or
• (ii) has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or
• (a) that the National Board has decided to take no further action in relation to the referred matter; and
• (b) the reason the Board has decided to take no further action.

sec.35 Replacement of ss 153 and 154

National law provisions, sections 153 and 154 — omit, insert— If the National Agency receives more than one referred matter about a registered health practitioner or student, the National Board established for the health profession in which the practitioner or student is registered may deal with the referred matters together. In this section— referred matter includes a notification made under a law of another participating jurisdiction. This section applies if a matter referred to a National Board relates to— a registered health practitioner who is registered in more than one health profession; or more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or a person who is registered as a student in more than one health profession; or more than one student and the students are registered in 2 or more different health professions. The National Board may deal with the referred matter in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered. s 35 ins 2013 No. 36 s 326 (sec.35-frag-sec.153-ssec.1) If the National Agency receives more than one referred matter about a registered health practitioner or student, the National Board established for the health profession in which the practitioner or student is registered may deal with the referred matters together. (sec.35-frag-sec.153-ssec.2) In this section— referred matter includes a notification made under a law of another participating jurisdiction. (sec.35-frag-sec.154-ssec.1) This section applies if a matter referred to a National Board relates to— a registered health practitioner who is registered in more than one health profession; or more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or a person who is registered as a student in more than one health profession; or more than one student and the students are registered in 2 or more different health professions. (sec.35-frag-sec.154-ssec.2) The National Board may deal with the referred matter in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered.

• (a) a registered health practitioner who is registered in more than one health profession; or
• (b) more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or
• (c) a person who is registered as a student in more than one health profession; or
• (d) more than one student and the students are registered in 2 or more different health professions.

sec.35A Amendment of s 159A (Board may give information to notifier about immediate action)

National Law provisions, section 159A , ‘notifier’— omit , insert — complainant National Law provisions, section 159A , ‘notification’— omit, insert — complaint s 35A ins 2017 No. 32 s 58 (sec.35A-ssec.1) National Law provisions, section 159A , ‘notifier’— omit , insert — complainant (sec.35A-ssec.2) National Law provisions, section 159A , ‘notification’— omit, insert — complaint

sec.35B Insertion of new s 159EA

National Law provisions, after section 159E — insert— This section applies if— a regulatory body issues an interim prohibition order to an unregistered person under section 159C; and either— the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or the person’s principal place of residence is in this jurisdiction. The regulatory body must, within 7 days after issuing the interim prohibition order, give the health ombudsman a written notice about the interim prohibition order. The notice must include the following— the name of the unregistered person; details of the health service or health services to which the interim prohibition order relates, if any; the day on which the interim prohibition order starts; details of the grounds on which the interim prohibition order was issued. s 35B ins 2022 No. 22 s 141 (sec.35B-frag-sec.159EA-ssec.1) This section applies if— a regulatory body issues an interim prohibition order to an unregistered person under section 159C; and either— the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or the person’s principal place of residence is in this jurisdiction. (sec.35B-frag-sec.159EA-ssec.2) The regulatory body must, within 7 days after issuing the interim prohibition order, give the health ombudsman a written notice about the interim prohibition order. (sec.35B-frag-sec.159EA-ssec.3) The notice must include the following— the name of the unregistered person; details of the health service or health services to which the interim prohibition order relates, if any; the day on which the interim prohibition order starts; details of the grounds on which the interim prohibition order was issued.

• (a) a regulatory body issues an interim prohibition order to an unregistered person under section 159C; and
• (b) either— (i) the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or (ii) the person’s principal place of residence is in this jurisdiction.
• (i) the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or
• (ii) the person’s principal place of residence is in this jurisdiction.
• (i) the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or
• (ii) the person’s principal place of residence is in this jurisdiction.
• (a) the name of the unregistered person;
• (b) details of the health service or health services to which the interim prohibition order relates, if any;
• (c) the day on which the interim prohibition order starts;
• (d) details of the grounds on which the interim prohibition order was issued.

sec.35C Amendment of s 159F (Duration of interim prohibition order)

National Law provisions, section 159F — insert— However, if the interim prohibition order is issued in relation to a matter referred under section 193A to the health ombudsman, the day specified in subsection (2) cannot be less than 14 days after the day the matter was referred. s 35C ins 2022 No. 22 s 141

• (3) However, if the interim prohibition order is issued in relation to a matter referred under section 193A to the health ombudsman, the day specified in subsection (2) cannot be less than 14 days after the day the matter was referred.

sec.36 Amendment of s 160 (When investigation may be conducted)

National Law provisions, section 160 (1)(a), ‘notification’— omit, insert— referred matter s 36 ins 2013 No. 36 s 326

sec.37 Amendment of s 161 (Registered health practitioner or student to be given notice of investigation)

National Law provisions, section 161 (3)(b)— omit, insert— if the investigation relates to a complaint made about the registered health practitioner or student, the complainant. s 37 ins 2013 No. 36 s 326

• (b) if the investigation relates to a complaint made about the registered health practitioner or student, the complainant.

sec.37A Amendment of s 167A (Board may give information to notifier about result of investigation)

National Law provisions, section 167A , ‘notifier’— omit , insert — complainant National Law provisions, section 167A , ‘notification’— omit, insert — complaint s 37A ins 2017 No. 32 s 59 (sec.37A-ssec.1) National Law provisions, section 167A , ‘notifier’— omit , insert — complainant (sec.37A-ssec.2) National Law provisions, section 167A , ‘notification’— omit, insert — complaint

sec.38 Amendment of s 169 (Requirement for health assessment)

National Law provisions, section 169 , ‘notification’— omit, insert— complaint s 38 ins 2013 No. 36 s 326

sec.39 Amendment of s 170 (Requirement for performance assessment)

National Law provisions, section 170 , ‘notification’— omit, insert— complaint s 39 ins 2013 No. 36 s 326

sec.40 Amendment of s 177 (Decision by National Board)

National Law provisions, section 177 — insert— This section applies subject to division 12, subdivision 1. s 40 ins 2013 No. 36 s 326

• (2) This section applies subject to division 12, subdivision 1.

sec.40A Amendment of s 177A (Board may give information to notifier about decision following assessor’s report)

National Law provisions, section 177A , ‘notifier’— omit , insert — complainant National Law provisions, section 177A , ‘notification’— omit, insert — complaint s 40A ins 2017 No. 32 s 60 (sec.40A-ssec.1) National Law provisions, section 177A , ‘notifier’— omit , insert — complainant (sec.40A-ssec.2) National Law provisions, section 177A , ‘notification’— omit, insert — complaint

sec.41 Amendment of s 178 (National Board may take action)

National Law provisions, section 178 (1)(a), ‘notification’— omit, insert— complaint National Law provisions, section 178 (1)(b)— omit, insert— the matter is not required under division 12, subdivision 1 to be referred to the health ombudsman or a responsible tribunal, including because of a decision made under section 193C that it is not in the public interest; and s 41 ins 2013 No. 36 s 326 amd 2022 No. 22 s 145 (sec.41-ssec.1) National Law provisions, section 178 (1)(a), ‘notification’— omit, insert— complaint (sec.41-ssec.2) National Law provisions, section 178 (1)(b)— omit, insert— the matter is not required under division 12, subdivision 1 to be referred to the health ombudsman or a responsible tribunal, including because of a decision made under section 193C that it is not in the public interest; and

• (b) the matter is not required under division 12, subdivision 1 to be referred to the health ombudsman or a responsible tribunal, including because of a decision made under section 193C that it is not in the public interest; and

sec.42 Amendment of s 180 (Notice to be given to health practitioner or student and notifier)

National Law provisions, section 180 , ‘notifier’— omit, insert— complainant National Law provisions, section 180 (1)(b), ‘notification’— omit, insert— complaint s 42 ins 2013 No. 36 s 326 (sec.42-ssec.1) National Law provisions, section 180 , ‘notifier’— omit, insert— complainant (sec.42-ssec.2) National Law provisions, section 180 (1)(b), ‘notification’— omit, insert— complaint

sec.43 Amendment of s 181 (Establishment of health panel)

National Law provisions, section 181 (1)(a), ‘notification’— omit, insert— complaint s 43 ins 2013 No. 36 s 326

sec.44 Amendment of s 182 (Establishment of performance and professional standards panel)

National Law provisions, section 182 (1)(a), ‘notification’— omit, insert— complaint s 44 ins 2013 No. 36 s 326

sec.45 Amendment of s 183 (List of approved persons for appointment to panels)

National Law provisions, section 183 (2)— omit. s 45 ins 2013 No. 36 s 326

sec.46 Amendment of s 187 (Submission by notifier)

National Law provisions, section 187 , ‘notifier’— omit, insert— complainant National Law provisions, section 187 , ‘notification’— omit, insert— complaint s 46 ins 2013 No. 36 s 326 (sec.46-ssec.1) National Law provisions, section 187 , ‘notifier’— omit, insert— complainant (sec.46-ssec.2) National Law provisions, section 187 , ‘notification’— omit, insert— complaint

sec.47 Replacement of s 190 (Referral to responsible tribunal or National Board)

National Law provisions, section 190 — omit, insert— This section applies if, at any time while hearing a matter, a panel reasonably believes the evidence demonstrates— the registered health practitioner the subject of the hearing may have behaved in a way that constitutes professional misconduct; or there is another ground for suspending, cancelling or withdrawing the registration of the registered health practitioner the subject of the hearing. The panel must notify the National Board of the panel’s belief. See section 193. This section does not limit the panel’s power to also decide under section 191 to suspend the practitioner’s registration before notifying the Board under subsection (2) . This section applies if, at any time, the practitioner or student the subject of a hearing asks the panel for the matter to be referred to a responsible tribunal. The panel must stop hearing the matter and notify the National Board that established the panel that the matter must be referred to a responsible tribunal. s 47 ins 2013 No. 36 s 326 amd 2022 No. 22 s 134 (sec.47-frag-sec.190-ssec.1) This section applies if, at any time while hearing a matter, a panel reasonably believes the evidence demonstrates— the registered health practitioner the subject of the hearing may have behaved in a way that constitutes professional misconduct; or there is another ground for suspending, cancelling or withdrawing the registration of the registered health practitioner the subject of the hearing. (sec.47-frag-sec.190-ssec.2) The panel must notify the National Board of the panel’s belief. See section 193. (sec.47-frag-sec.190-ssec.3) This section does not limit the panel’s power to also decide under section 191 to suspend the practitioner’s registration before notifying the Board under subsection (2) . (sec.47-frag-sec.190A-ssec.1) This section applies if, at any time, the practitioner or student the subject of a hearing asks the panel for the matter to be referred to a responsible tribunal. (sec.47-frag-sec.190A-ssec.2) The panel must stop hearing the matter and notify the National Board that established the panel that the matter must be referred to a responsible tribunal.

• (a) the registered health practitioner the subject of the hearing may have behaved in a way that constitutes professional misconduct; or
• (b) there is another ground for suspending, cancelling or withdrawing the registration of the registered health practitioner the subject of the hearing.

sec.48 Amendment of s 191 (Decision of panel)

National Law provisions, section 191 (1)(b)(iv)— omit, insert— the matter must be referred to the responsible tribunal; s 48 ins 2013 No. 36 s 326

• (iv) the matter must be referred to the responsible tribunal;

sec.49 Amendment of s 192 (Notice to be given about panel’s decision)

National Law provisions, section 192 (2)(b), ‘notification’— omit, insert— complaint National Law provisions, section 192 (2)(b) and (4), ‘notifier’— omit, insert— complainant s 49 ins 2013 No. 36 s 326 (sec.49-ssec.1) National Law provisions, section 192 (2)(b), ‘notification’— omit, insert— complaint (sec.49-ssec.2) National Law provisions, section 192 (2)(b) and (4), ‘notifier’— omit, insert— complainant

sec.50 Replacement of pt 8 , div 12 , hdg and ss 193 – 195

National Law provisions, part 8 , division 12 , heading and sections 193 to 195 — omit, insert— The National Board must notify the health ombudsman as soon as practicable after— the National Board forms a reasonable belief, based on a complaint or for any other reason, that— a registered health practitioner has behaved in a way that constitutes professional misconduct; or there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or a panel notifies the National Board of the panel’s belief under section 190(2). Subsection (1)(a) does not apply if the National Board is satisfied the health ombudsman is aware of the matter mentioned in subsection (1)(a)(i) or (ii), including, for example, because it was the subject of a referral to the National Agency under the Health Ombudsman Act 2013 , part 9, division 1. On receiving the notification, the health ombudsman must ask the National Board to— refer the matter to the health ombudsman; or continue to deal with the matter under the National Law. This section does not limit the National Board’s power to do any of the following before making a notification under subsection (1) or a referral under subsection (2)— withdraw the registered health practitioner’s registration under section 85A; accept a surrender of the registered health practitioner’s registration under section 137; take immediate action in relation to the registered health practitioner under Division 7. A National Board must refer a matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 if the health ombudsman requests the referral under section 193(2). Also, if a panel has notified the National Board that established the panel that the matter must be referred to a responsible tribunal, the Board must notify the health ombudsman of that fact. If a matter is referred under subsection (1) and the Board notifies the health ombudsman in relation to the matter under subsection (2) , the health ombudsman must refer the matter to the responsible tribunal under the Health Ombudsman Act 2013 . A National Board may refer another matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 with the health ombudsman’s agreement. Also, a regulatory body that has issued an interim prohibition order to an unregistered person under section 159C may, while the order is in effect and with the health ombudsman’s agreement, refer the matter in relation to which the order was issued to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 . Subject to section 193C, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if— a panel established by the Board asks the Board to refer the matter to a responsible tribunal; and it is not a matter that must be referred to the health ombudsman under section 193A. A National Board may refer a matter about a registered health practitioner or student to a responsible tribunal if the health ombudsman asks the Board under section 193(2) to continue to deal with the matter under this Law. The National Board must— refer the matter to— the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and give written notice of the referral to the registered health practitioner or student to whom the matter relates. If the matter relates to a complaint, the referral must include the details of the complainant. A National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193(1)(a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal. In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following— the need to protect the health and safety of the public; the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct; whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint; whether the practitioner is still registered and, if not still registered, may again seek registration in the future; any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter; any other matter the Board considers relevant to the decision. If a decision is made under this section to not refer a matter to a responsible tribunal— the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and the National Agency must publish information about the decision in its annual report. This subdivision applies to a proceeding for a matter referred by a National Board to a responsible tribunal under section 193B. s 50 ins 2013 No. 36 s 326 amd 2019 No. 38 s 67 ; 2022 No. 22 ss 135 , 142 , 146 (sec.50-frag-sec.193-ssec.1) The National Board must notify the health ombudsman as soon as practicable after— the National Board forms a reasonable belief, based on a complaint or for any other reason, that— a registered health practitioner has behaved in a way that constitutes professional misconduct; or there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or a panel notifies the National Board of the panel’s belief under section 190(2). (sec.50-frag-sec.193-ssec.1A) Subsection (1)(a) does not apply if the National Board is satisfied the health ombudsman is aware of the matter mentioned in subsection (1)(a)(i) or (ii), including, for example, because it was the subject of a referral to the National Agency under the Health Ombudsman Act 2013 , part 9, division 1. (sec.50-frag-sec.193-ssec.2) On receiving the notification, the health ombudsman must ask the National Board to— refer the matter to the health ombudsman; or continue to deal with the matter under the National Law. (sec.50-frag-sec.193-ssec.3) This section does not limit the National Board’s power to do any of the following before making a notification under subsection (1) or a referral under subsection (2)— withdraw the registered health practitioner’s registration under section 85A; accept a surrender of the registered health practitioner’s registration under section 137; take immediate action in relation to the registered health practitioner under Division 7. (sec.50-frag-sec.193A-ssec.1) A National Board must refer a matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 if the health ombudsman requests the referral under section 193(2). (sec.50-frag-sec.193A-ssec.2) Also, if a panel has notified the National Board that established the panel that the matter must be referred to a responsible tribunal, the Board must notify the health ombudsman of that fact. (sec.50-frag-sec.193A-ssec.3) If a matter is referred under subsection (1) and the Board notifies the health ombudsman in relation to the matter under subsection (2) , the health ombudsman must refer the matter to the responsible tribunal under the Health Ombudsman Act 2013 . (sec.50-frag-sec.193A-ssec.4) A National Board may refer another matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 with the health ombudsman’s agreement. (sec.50-frag-sec.193A-ssec.5) Also, a regulatory body that has issued an interim prohibition order to an unregistered person under section 159C may, while the order is in effect and with the health ombudsman’s agreement, refer the matter in relation to which the order was issued to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 . (sec.50-frag-sec.193B-ssec.1) Subject to section 193C, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if— a panel established by the Board asks the Board to refer the matter to a responsible tribunal; and it is not a matter that must be referred to the health ombudsman under section 193A. (sec.50-frag-sec.193B-ssec.2) A National Board may refer a matter about a registered health practitioner or student to a responsible tribunal if the health ombudsman asks the Board under section 193(2) to continue to deal with the matter under this Law. (sec.50-frag-sec.193B-ssec.3) The National Board must— refer the matter to— the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and give written notice of the referral to the registered health practitioner or student to whom the matter relates. (sec.50-frag-sec.193B-ssec.4) If the matter relates to a complaint, the referral must include the details of the complainant. (sec.50-frag-sec.193C-ssec.1) A National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193(1)(a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal. (sec.50-frag-sec.193C-ssec.2) In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following— the need to protect the health and safety of the public; the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct; whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint; whether the practitioner is still registered and, if not still registered, may again seek registration in the future; any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter; any other matter the Board considers relevant to the decision. (sec.50-frag-sec.193C-ssec.3) If a decision is made under this section to not refer a matter to a responsible tribunal— the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and the National Agency must publish information about the decision in its annual report.

• (a) the National Board forms a reasonable belief, based on a complaint or for any other reason, that— (i) a registered health practitioner has behaved in a way that constitutes professional misconduct; or (ii) there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or
• (i) a registered health practitioner has behaved in a way that constitutes professional misconduct; or
• (ii) there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or
• (b) a panel notifies the National Board of the panel’s belief under section 190(2).
• (i) a registered health practitioner has behaved in a way that constitutes professional misconduct; or
• (ii) there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or
• (a) refer the matter to the health ombudsman; or
• (b) continue to deal with the matter under the National Law.
• (a) withdraw the registered health practitioner’s registration under section 85A;
• (b) accept a surrender of the registered health practitioner’s registration under section 137;
• (c) take immediate action in relation to the registered health practitioner under Division 7.
• (a) a panel established by the Board asks the Board to refer the matter to a responsible tribunal; and
• (b) it is not a matter that must be referred to the health ombudsman under section 193A.
• (a) refer the matter to— (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and
• (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or
• (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and
• (b) give written notice of the referral to the registered health practitioner or student to whom the matter relates.
• (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or
• (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and
• (a) the need to protect the health and safety of the public;
• (b) the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct;
• (c) whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint;
• (d) whether the practitioner is still registered and, if not still registered, may again seek registration in the future;
• (e) any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter;
• (f) any other matter the Board considers relevant to the decision.
• (a) the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and
• (b) the National Agency must publish information about the decision in its annual report.

sec.51 Amendment of s 198 (Relationship with Act establishing responsible tribunal)

National Law provisions, section 198 , ‘Division’— omit, insert— subdivision s 51 ins 2013 No. 36 s 326

ss 51A–51B ins 2025 No. 6 s 25 (uncommenced amendment)

sec.52 Omission of ss 201 – 203

National Law provisions, sections 201 to 203 — omit. s 52 ins 2013 No. 36 s 326

sec.53 Amendment of s 204 (Notice from adjudication body)

National Law provisions, section 204 , heading, ‘adjudication body’— omit, insert— responsible tribunal National Law provisions, section 204 (1), ‘an adjudication body, other than a court,’— omit, insert— the responsible tribunal National Law provisions, section 204 (2)(a), ‘adjudication body’— omit, insert— responsible tribunal s 53 ins 2013 No. 36 s 326 (sec.53-ssec.1) National Law provisions, section 204 , heading, ‘adjudication body’— omit, insert— responsible tribunal (sec.53-ssec.2) National Law provisions, section 204 (1), ‘an adjudication body, other than a court,’— omit, insert— the responsible tribunal (sec.53-ssec.3) National Law provisions, section 204 (2)(a), ‘adjudication body’— omit, insert— responsible tribunal

sec.54 Amendment of s 206 (National Board to give notice to registered health practitioner’s employer and other entities)

National Law provisions, section 206 (1)(a)(ii) and (iii)— omit, insert— receives notice from a panel, or from the responsible tribunal hearing a matter to which the health ombudsman is not a party, that the panel or tribunal has decided to take health, conduct or performance action against a registered health practitioner; and s 54 ins 2013 No. 36 s 326 amd 2017 No. 32 s 61

• (ii) receives notice from a panel, or from the responsible tribunal hearing a matter to which the health ombudsman is not a party, that the panel or tribunal has decided to take health, conduct or performance action against a registered health practitioner; and

sec.55 Insertion of new ss 206A and 206B

National Law provisions, after section 206 — insert— This section applies if health, conduct or performance action is taken, in relation to a registered health practitioner who provides health services in this jurisdiction, by— a National Board or panel; or a responsible tribunal or court, in a proceeding to which the health ombudsman is not a party. The National Board must give written notice of the action to the health ombudsman. The written notice must include— sufficient particulars to identify the registered health practitioner; and details of— the issues raised about the health, conduct or performance of the registered health practitioner; and the health, conduct or performance action taken in relation to the registered health practitioner. The health ombudsman may, by written notice given to the National Agency or a National Board, ask for— information about any action taken in relation to, or other information concerning, the health, conduct or performance of a registered health practitioner, including, for example, information about any of the following— the establishment of a panel or progress with a panel hearing; the start of an investigation, progress with an investigation or an investigator’s report; referral of a matter to another entity; a decision to take no further action in relation to a matter; or information about a stated matter relevant to the National Agency’s or National Board’s functions relating to the health, conduct and performance of registered health practitioners who provide health services in this jurisdiction. The information that may be requested includes information about a matter concerning a registered health practitioner who provides health services in this jurisdiction, even if the matter arose outside this jurisdiction. The National Agency or National Board must comply with the request. In this section— information includes a report. s 55 ins 2013 No. 36 s 326

s 55A ins 2025 No. 6 s 26 (uncommenced amendment) (sec.55-frag-sec.206A-ssec.1) This section applies if health, conduct or performance action is taken, in relation to a registered health practitioner who provides health services in this jurisdiction, by— a National Board or panel; or a responsible tribunal or court, in a proceeding to which the health ombudsman is not a party. (sec.55-frag-sec.206A-ssec.2) The National Board must give written notice of the action to the health ombudsman. (sec.55-frag-sec.206A-ssec.3) The written notice must include— sufficient particulars to identify the registered health practitioner; and details of— the issues raised about the health, conduct or performance of the registered health practitioner; and the health, conduct or performance action taken in relation to the registered health practitioner. (sec.55-frag-sec.206B-ssec.1) The health ombudsman may, by written notice given to the National Agency or a National Board, ask for— information about any action taken in relation to, or other information concerning, the health, conduct or performance of a registered health practitioner, including, for example, information about any of the following— the establishment of a panel or progress with a panel hearing; the start of an investigation, progress with an investigation or an investigator’s report; referral of a matter to another entity; a decision to take no further action in relation to a matter; or information about a stated matter relevant to the National Agency’s or National Board’s functions relating to the health, conduct and performance of registered health practitioners who provide health services in this jurisdiction. (sec.55-frag-sec.206B-ssec.2) The information that may be requested includes information about a matter concerning a registered health practitioner who provides health services in this jurisdiction, even if the matter arose outside this jurisdiction. (sec.55-frag-sec.206B-ssec.3) The National Agency or National Board must comply with the request. (sec.55-frag-sec.206B-ssec.4) In this section— information includes a report.

• (a) a National Board or panel; or
• (b) a responsible tribunal or court, in a proceeding to which the health ombudsman is not a party.
• (a) sufficient particulars to identify the registered health practitioner; and
• (b) details of— (i) the issues raised about the health, conduct or performance of the registered health practitioner; and (ii) the health, conduct or performance action taken in relation to the registered health practitioner.
• (i) the issues raised about the health, conduct or performance of the registered health practitioner; and
• (ii) the health, conduct or performance action taken in relation to the registered health practitioner.
• (i) the issues raised about the health, conduct or performance of the registered health practitioner; and
• (ii) the health, conduct or performance action taken in relation to the registered health practitioner.
• (a) information about any action taken in relation to, or other information concerning, the health, conduct or performance of a registered health practitioner, including, for example, information about any of the following— (i) the establishment of a panel or progress with a panel hearing; (ii) the start of an investigation, progress with an investigation or an investigator’s report; (iii) referral of a matter to another entity; (iv) a decision to take no further action in relation to a matter; or
• (i) the establishment of a panel or progress with a panel hearing;
• (ii) the start of an investigation, progress with an investigation or an investigator’s report;
• (iii) referral of a matter to another entity;
• (iv) a decision to take no further action in relation to a matter; or
• (b) information about a stated matter relevant to the National Agency’s or National Board’s functions relating to the health, conduct and performance of registered health practitioners who provide health services in this jurisdiction.
• (i) the establishment of a panel or progress with a panel hearing;
• (ii) the start of an investigation, progress with an investigation or an investigator’s report;
• (iii) referral of a matter to another entity;
• (iv) a decision to take no further action in relation to a matter; or

sec.56 Amendment of s 231 (Other records to be kept by National Boards)

National Law provisions, section 231 (e)— omit, insert— information about any referred matter about the practitioner received by the Board and any investigation and health, conduct or performance action taken as a result of the referred matter; s 56 ins 2013 No. 36 s 326

• (e) information about any referred matter about the practitioner received by the Board and any investigation and health, conduct or performance action taken as a result of the referred matter;

sec.56AA Omission of ss 237A and 237B

National Law provisions, sections 237A and 237B — omit. s 56AA ins 2025 No. 6 s 27

sec.56A Replacement of s 241A

Section 241A — omit, insert— An offence against part 7, division 10 or section 159O(1) or 196A(1) is an indictable offence that is a misdemeanour. Subject to subsection (3), a proceeding for an indictable offence is to be heard and decided summarily. A Magistrates Court must abstain from dealing summarily with a charge of an indictable offence— if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily; or There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together. There is an important issue of law involved. An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards. if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction. If a Magistrates Court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding. The maximum penalty that may be imposed on a summary conviction for an indictable offence is 165 penalty units. A Magistrates Court that summarily deals with a charge of an indictable offence— must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose. s 56A ins 2019 No. 3 s 6 amd 2022 No. 22 s 143 (sec.56A-frag-sec.241A-ssec.1) An offence against part 7, division 10 or section 159O(1) or 196A(1) is an indictable offence that is a misdemeanour. (sec.56A-frag-sec.241A-ssec.2) Subject to subsection (3), a proceeding for an indictable offence is to be heard and decided summarily. (sec.56A-frag-sec.241A-ssec.3) A Magistrates Court must abstain from dealing summarily with a charge of an indictable offence— if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily; or There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together. There is an important issue of law involved. An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards. if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction. (sec.56A-frag-sec.241A-ssec.4) If a Magistrates Court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding. (sec.56A-frag-sec.241A-ssec.5) The maximum penalty that may be imposed on a summary conviction for an indictable offence is 165 penalty units. (sec.56A-frag-sec.241A-ssec.6) A Magistrates Court that summarily deals with a charge of an indictable offence— must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.

• (a) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily; or Examples of exceptional circumstances— 1 There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together. 2 There is an important issue of law involved. 3 An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.
• 1 There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together.
• 2 There is an important issue of law involved.
• 3 An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.
• (b) if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.
• 1 There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together.
• 2 There is an important issue of law involved.
• 3 An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.
• (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and
• (b) the proceeding for the charge must be conducted as a committal proceeding; and
• (c) a plea of the defendant at the start of the hearing must be disregarded; and
• (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and
• (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.
• (a) must be constituted by a magistrate; and
• (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.

sec.57 Insertion of new pt 12A

National Law provisions, after part 12 — insert — In this part— commencement means the commencement of this section. current matter means a matter that was being dealt with under part 8 before the commencement and, immediately before the commencement, had not been finally dealt with. current notification means a notification made under part 8 before the commencement that, immediately before the commencement, had not been finally dealt with. relevant National Board , for a notification, means the National Board that registered the registered health practitioner or student to whom the notification relates. Section 26A applies to the initial period as if the initial period were a financial year. In this section— initial period means the remaining part of the financial year in which this section commences. A reference in section 141(4)(e) to a notification made to the health ombudsman includes a notification to the National Agency made before the commencement. Section 148, as in force immediately before the commencement, continues to apply to any current notification that the National Agency had not referred to a National Board or other entity under that section before the commencement. This section applies in relation to a current notification or other current matter that, in the opinion of the relevant National Board, indicates— a registered health practitioner has behaved in a way that constitutes professional misconduct; or there is another ground for the suspension or cancellation of the practitioner’s registration. Within 28 days after the commencement, the board must, by written notice, advise the health ombudsman of the details of the matter and the action that, at the time of commencement, was being taken to deal with it. At any time before the board has finally dealt with the matter, the health ombudsman may, by written notice, direct the board to— refer the matter to the health ombudsman immediately; or take stated action under this Law to deal with the matter and then refer it to the health ombudsman. The board must comply with a direction under subsection (3). If the board refers the matter to the health ombudsman in compliance with a direction— the board must give the health ombudsman all the records and information relating to the matter that it is holding; and the health ombudsman must deal with the matter under the Health Ombudsman Act 2013 . This section applies to a current notification or other current matter unless, under section 310, the health ombudsman has directed the relevant National Board to refer the matter to the health ombudsman. The matter must be dealt with under this Law. A reference in section 231(e) to a referred matter about a practitioner received by a National Board includes a notification about the practitioner made before the commencement. s 57 ins 2013 No. 36 s 326 amd 2017 No. 32 s 62

s 58 ins 2025 No. 6 s 28 (uncommenced amendment) (sec.57-frag-sec.305B-ssec.1) Section 26A applies to the initial period as if the initial period were a financial year. (sec.57-frag-sec.305B-ssec.2) In this section— initial period means the remaining part of the financial year in which this section commences. (sec.57-frag-sec.305E-ssec.1) This section applies in relation to a current notification or other current matter that, in the opinion of the relevant National Board, indicates— a registered health practitioner has behaved in a way that constitutes professional misconduct; or there is another ground for the suspension or cancellation of the practitioner’s registration. (sec.57-frag-sec.305E-ssec.2) Within 28 days after the commencement, the board must, by written notice, advise the health ombudsman of the details of the matter and the action that, at the time of commencement, was being taken to deal with it. (sec.57-frag-sec.305E-ssec.3) At any time before the board has finally dealt with the matter, the health ombudsman may, by written notice, direct the board to— refer the matter to the health ombudsman immediately; or take stated action under this Law to deal with the matter and then refer it to the health ombudsman. (sec.57-frag-sec.305E-ssec.4) The board must comply with a direction under subsection (3). (sec.57-frag-sec.305E-ssec.5) If the board refers the matter to the health ombudsman in compliance with a direction— the board must give the health ombudsman all the records and information relating to the matter that it is holding; and the health ombudsman must deal with the matter under the Health Ombudsman Act 2013 . (sec.57-frag-sec.305F-ssec.1) This section applies to a current notification or other current matter unless, under section 310, the health ombudsman has directed the relevant National Board to refer the matter to the health ombudsman. (sec.57-frag-sec.305F-ssec.2) The matter must be dealt with under this Law.

• (a) a registered health practitioner has behaved in a way that constitutes professional misconduct; or
• (b) there is another ground for the suspension or cancellation of the practitioner’s registration.
• (a) refer the matter to the health ombudsman immediately; or
• (b) take stated action under this Law to deal with the matter and then refer it to the health ombudsman.
• (a) the board must give the health ombudsman all the records and information relating to the matter that it is holding; and
• (b) the health ombudsman must deal with the matter under the Health Ombudsman Act 2013 .

sec.59 Omission of s 329 (Application of s 237B )

National Law provisions, section 329 — omit. s 59 ins 2025 No. 6 s 28

Transitional provisions for Health Ombudsman Act 2013

Preliminary

sec.1-oc.2 Short title

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

sec.2-oc.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 jurisdiction.

sec.3-oc.2 Objectives

The object of this Law is to establish a national registration and accreditation scheme for— the regulation of health practitioners; and the registration of students undertaking— programs of study that provide a qualification for registration in a health profession; or clinical training in a health profession. The objectives of the national registration and accreditation scheme are— 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 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 to facilitate the provision of high quality education and training of health practitioners; and to build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander Peoples; and to facilitate the rigorous and responsive assessment of overseas-trained health practitioners; and to facilitate access to services provided by health practitioners in accordance with the public interest; and 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. sch s 3 amd 2022 No. 22 ss 33, 36 (sec.3-oc.2-ssec.1) The object of this Law is to establish a national registration and accreditation scheme for— the regulation of health practitioners; and the registration of students undertaking— programs of study that provide a qualification for registration in a health profession; or clinical training in a health profession. (sec.3-oc.2-ssec.2) The objectives of the national registration and accreditation scheme are— 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 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 to facilitate the provision of high quality education and training of health practitioners; and to build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander Peoples; and to facilitate the rigorous and responsive assessment of overseas-trained health practitioners; and to facilitate access to services provided by health practitioners in accordance with the public interest; and 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.

• (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.
• (i) programs of study that provide a qualification for registration in a health profession; or
• (ii) clinical training in a health profession.
• (i) programs of study that provide a qualification for registration in a health profession; or
• (ii) clinical training in a health profession.
• (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.

sec.3A Guiding principles

The main guiding principle of the national registration and accreditation scheme is that the following are paramount— protection of the public; public confidence in the safety of services provided by registered health practitioners and students. The other guiding principles of the national registration and accreditation scheme are as follows— the scheme is to operate in a transparent, accountable, efficient, effective and fair way; the scheme is to ensure the development of a culturally safe and respectful health workforce that— is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and 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. fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme; 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. sch s 3A ins 2022 No. 22 s 34 amd 2022 No. 22 s 37 (sec.3A-ssec.1) The main guiding principle of the national registration and accreditation scheme is that the following are paramount— protection of the public; public confidence in the safety of services provided by registered health practitioners and students. (sec.3A-ssec.2) The other guiding principles of the national registration and accreditation scheme are as follows— the scheme is to operate in a transparent, accountable, efficient, effective and fair way; the scheme is to ensure the development of a culturally safe and respectful health workforce that— is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and 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. fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme; 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.

• (a) protection of the public;
• (b) public confidence in the safety of services provided by registered health practitioners and students.
• (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; Example— Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.
• (i) is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and
• (ii) contributes to the elimination of racism in the provision of health services; Example— Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.
• (b) fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;
• (c) restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.
• (i) is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and
• (ii) contributes to the elimination of racism in the provision of health services; Example— Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.

sec.4-oc.2 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 . sch s 4 amd 2022 No. 22 s 35