sec.57Insertion of new pt 12A

### 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 .