Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Health Practitioner Regulation National
Law (ACT) Act 2010
A2010-10
Republication No 7
Effective: 18 September 2024
Republication date: 18 September 2024
Last amendment made by A2024-42
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Health Practitioner Regulation National Law (ACT) Act 2010
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 18 September 2024. It also includes any commencement, amendment, repeal or
expiry affecting this republished law to 18 September 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Health Practitioner Regulation National
Law (ACT) Act 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Terms used in Health Practitioner Regulation National Law (ACT) 2
5 Notes 2
Part 2 Adoption of Health Practitioner Regulation
National Law
6 Application of Health Practitioner Regulation National Law 3
7 Meaning of generic terms in Health Practitioner Regulation National
Law for purposes of this jurisdiction 3
8 Responsible tribunal for Health Practitioner Regulation National Law
(ACT) 3
Contents
Page
contents 2 Health Practitioner Regulation National Law (ACT)
Act 2010
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9 Exclusion of territory laws 4
10 Regulation-making power 4
Schedule 1 Modifications—Health Practitioner Regulation
National Law 5
Dictionary 15
Endnotes
1 About the endnotes 16
2 Abbreviation key 16
3 Legislation history 17
4 Amendment history 19
5 Earlier republications 22
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Australian Capital Territory
Health Practitioner Regulation National
Law (ACT) Act 2010
An Act about health practitioner regulation, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Health Practitioner Regulation National Law (ACT)
Act 2010.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Terms used in Health Practitioner Regulation National
Law (ACT)
Terms used in this Act and also in the Health Practitioner Regulation
National Law (ACT) have the same meanings in this Act as they have
in that Law.
5 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Adoption of Health Practitioner Regulation National Law Part 2
Section 6
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Part 2 Adoption of Health Practitioner
Regulation National Law
6 Application of Health Practitioner Regulation National
Law
The Health Practitioner Regulation National Law, as in force from
time to time, set out in the schedule to the Qld Act—
(a) applies as a territory law, as modified by schedule 1; and
(b) as so applying may be referred to as the Health Practitioner
Regulation National Law (ACT); and
(c) so applies as if it were a part of this Act.
7 Meaning of generic terms in Health Practitioner
Regulation National Law for purposes of this jurisdiction
In the Health Practitioner Regulation National Law (ACT):
magistrates court means the Magistrates Court.
the State means the Territory.
this jurisdiction means the ACT.
8 Responsible tribunal for Health Practitioner Regulation
National Law (ACT)
The ACAT is declared to be the responsible tribunal for this
jurisdiction for the Health Practitioner Regulation National Law
(ACT).
Note Responsible tribunal—see the Health Practitioner Regulation National
Law (ACT), s 5.
Part 2 Adoption of Health Practitioner Regulation National Law
Section 9
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9 Exclusion of territory laws
The following territory laws do not apply to the Health Practitioner
Regulation National Law (ACT) or to instruments made under that
Law:
(a) the Annual Reports (Government Agencies) Act 2004;
(b) the Auditor-General Act 1996;
(c) the Criminal Code 2002;
(d) the Financial Management Act 1996;
(e) the Freedom of Information Act 2016;
(f) the Legislation Act 2001;
(g) the Ombudsman Act 1989;
(h) the Public Sector Management Act 1994.
Note The Health Practitioner Regulation National Law (ACT), s 198 provides
that the provisions about appeals in the Law apply despite the ACT Civil
and Administrative Tribunal Act 2008, but does not otherwise limit that
Act.
10 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Modifications—Health Practitioner Regulation National Law Schedule 1
Modification [1.1]
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Schedule 1 Modifications—Health
Practitioner Regulation
National Law
(see s 6)
[1.1] New section 35A
insert
35A National Board consideration of criminal history
(1) In making a decision under this Act that relates to an individual’s
criminal history, a National Board must consider—
(a) the individual’s criminal record; and
(b) the inherent requirements of the profession, division or
recognised specialty, for which the individual is seeking
registration; and
(c) whether or not there is a high degree of direct connection
between the individual’s criminal record and the inherent
requirements of the profession, division or recognised specialty.
(2) If guidelines have been made by the National Board for this section,
the board must also consider the guidelines when making the
decision.
[1.2] Section 150 (1)
omit everything before paragraph (a), substitute
(1) If a National Board receives a complaint, the board must, as soon as
practicable after its receipt—
Schedule 1 Modifications—Health Practitioner Regulation National Law
Modification [1.3]
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[1.3] New section 150 (4A)
insert
(4A) The action that may be taken in relation to a notification or complaint,
or part of a notification or complaint, from most serious to least
serious, is as follows:
(a) deal with the notification or complaint, or part, under part 8,
division 7 (Immediate action);
(aa) deal with the notification or complaint, or part, under part 8,
division 7A (Interim prohibition orders);
(b) refer the notification or complaint, or part, to the responsible
tribunal under part 8, division 12 (Referring matter to
responsible tribunals);
(c) refer the notification or complaint, or part, to the health
complaints entity to be considered under the Human Rights
Commission Act 2005;
(ca) refer the notification or complaint, or part, to another entity
under section 150A (Referral to other entities);
(d) investigate the notification or complaint, or part, under part 8,
division 8 (Investigations);
(e) deal with the notification or complaint, or part, as a professional
standards matter under part 8, division 11 (Panels);
(f) deal with the notification or complaint, or part, as a health matter
under part 8, division 11 (Panels);
(g) take action under part 8, division 10 (Action by National Board);
(h) decide to take no further action in relation to the notification,
complaint, or part, in accordance with section 151 (When
National Board may decide to take no further action).
Modifications—Health Practitioner Regulation National Law Schedule 1
Modification [1.4]
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[1.4] Section 150 (5)
omit
If an investigation, conciliation or other action taken by a health
complaints entity
substitute
If an investigation or other action taken by a health complaints entity,
other than a conciliation,
[1.5] New section 150 (5A)
insert
(5A) If a notification or complaint is referred to the health complaints
entity for consideration under subsection (4A) (c), the health
complaints entity must report the results of the consideration to the
National Board as soon as practicable.
[1.6] Section 151 (1)
omit
A National Board
substitute
Subject to section 150, a National Board
[1.7] Section 152 (2)
substitute
(2) The notice must advise the registered health practitioner or student
of—
(a) the nature of the notification; and
(b) the powers that the board might exercise in relation to the
notification; and
Schedule 1 Modifications—Health Practitioner Regulation National Law
Modification [1.8]
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(c) the procedural rights that the health practitioner or student has
under this Act.
(2A) If a National Board approves a form for the notice, the notice must be
in the approved form.
[1.8] Section 160 (1)
omit
A National Board
substitute
Subject to section 150, a National Board
[1.9] New section 166 (3)
insert
(3) The National Board to which the report is given must give a copy of
the report to the health complaints entity as soon as practicable.
[1.10] Section 167
omit everything before paragraph (a), substitute
167 Joint decision by National Board and health complaints
entity
(1) The National Board must consider the investigator’s report jointly
with the health complaints entity and attempt to reach agreement on
how the matter that is the subject of the report is to be dealt with.
(2) After consideration under subsection (1), the National Board must
decide—
Modifications—Health Practitioner Regulation National Law Schedule 1
Modification [1.11]
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[1.11] New section 167 (3) and (4)
insert
(3) However, if the National Board and the health complaints entity are
not able to reach agreement on how the matter is to be dealt with, the
decision of the board under subsection (2) must be to take the most
serious action proposed by either the board or the health complaints
entity.
(4) The actions that may be taken in relation to the matter, from most
serious to least serious, are the actions set out in section 150 (4A).
[1.12] New section 172 (2) (ca) and (cb)
insert
(ca) the powers that the board might exercise in relation to the
assessment; and
(cb) the procedural rights that the health practitioner or student has
under this Act.
[1.13] New section 172 (3)
insert
(3) If a National Board approves a form for the notice, the notice must be
in the approved form.
[1.14] Section 175
omit
The assessor must
substitute
(1) The assessor must
Schedule 1 Modifications—Health Practitioner Regulation National Law
Modification [1.15]
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[1.15] New section 175 (2)
insert
(2) If the report relates to a performance assessment, the National Board
to which the report is given must give a copy of the report to the health
complaints entity as soon as practicable.
[1.16] Section 177
omit everything before paragraph (a), substitute
177 Joint decision by National Board and health complaints
entity
(1) The National Board must consider the report and discussions held
with the registered health practitioner or student under
section 176 (3).
(2) If the assessor’s report relates to a performance assessment, the
consideration must be joint consideration with the health complaints
entity, and the National Board and health complaints entity must
attempt to reach agreement on how the registered health practitioner
or student is to be dealt with.
(3) After consideration, the National Board may decide to—
[1.17] New section 177 (4) and (5)
insert
(4) If the report relates to a performance assessment and the National
Board and the health complaints entity are not able to reach
agreement on what to do in relation to the registered health
practitioner or student, the decision of the board under subsection (3)
must be to take the most serious action proposed by either the board
or the health complaints entity.
Modifications—Health Practitioner Regulation National Law Schedule 1
Modification [1.18]
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(5) The actions that may be taken under subsection (4), from most serious
to least serious, are the actions set out in section 150 (4A).
[1.18] New section 178 (1A)
insert
(1A) This section also applies if—
(a) on jointly considering a notification, complaint or other matter,
the health complaints entity is satisfied on reasonable grounds
that the National Board should take action under subsection (2)
(a), (b) or (c) in relation to a registered health practitioner or
student registered by the board; and
(b) the action proposed by the health complaints entity to be taken
by the board is more serious than any other action proposed by
the board to be taken.
[1.19] New section 178 (4)
insert
(4) If this section applies in relation to a registered health practitioner or
student registered by the board because of subsection (1A), the
National Board must—
(a) jointly consider with the health complaints entity the action to
be taken under subsection (2) (a), (b) or (c); and
(b) take the action agreed after joint consideration.
[1.20] New section 184 (3)
insert
(3) The panel must also give a copy of the notice to the health complaints
entity as soon as practicable.
Schedule 1 Modifications—Health Practitioner Regulation National Law
Modification [1.21]
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[1.21] New section 185 (4)
insert
(4) A panel must have regard to evidence given by the health complaints
entity under section 186A.
[1.22] New section 186A
insert
186A Role of health complaints entity
At a hearing of a panel, the health complaints entity may—
(a) be represented; and
(b) give evidence about the consideration of a complaint or other
matter by the health complaints entity; and
(c) be present at the hearing even if not giving evidence.
[1.23] New section 192 (3A)
insert
(3A) The National Board must also, within 30 days after the panel makes
its decision, give the health complaints entity a copy of the notice
given to the registered health practitioner or student.
[1.24] Schedule 5, part 1, clause 2 (3)
substitute
(3) For subclauses (1) and (2), it is not a reasonable excuse for an
individual to fail to give stated information, answer a question or
produce a document only because giving the information, answering
the question or producing the document might tend to incriminate the
individual.
Modifications—Health Practitioner Regulation National Law Schedule 1
Modification [1.25]
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(4) However—
(a) the information, answer or document required to be given,
answered or provided by the individual is not admissible in
evidence against the individual in a criminal proceeding, other
than a proceeding for—
(i) an offence against this schedule; or
(ii) an offence in relation to the falsity of the information,
answer or document; and
(b) evidence that was discovered as a result of the information or
answer, and that could not have been discovered but for the
giving of the information or answering of the question, is not
admissible against the individual in a criminal proceeding.
[1.25] Schedule 6, part 1, clause 2 (3)
substitute
(3) For subclauses (1) and (2), it is not a reasonable excuse for an
individual to fail to give stated information, answer a question or
produce a document only because giving the information, answering
the question or producing the document might tend to incriminate the
individual.
(4) However—
(a) the information, answer or document required to be given,
answered or provided by the individual is not admissible in
evidence against the individual in a criminal proceeding, other
than a proceeding for—
(i) an offence against this schedule; or
(ii) an offence in relation to the falsity of the information,
answer or document; and
Schedule 1 Modifications—Health Practitioner Regulation National Law
Modification [1.25]
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(b) evidence that was discovered as a result of the information or
answer, and that could not have been discovered but for the
giving of the information or answering of the question, is not
admissible against the individual in a criminal proceeding.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• Magistrates Court
• Minister (see s 162)
• pharmacist
• territory law.
Health Practitioner Regulation National Law (ACT) means the
provisions applying in this jurisdiction because of section 6.
Qld Act means the Health Practitioner Regulation National Law
Act 2009 (Qld).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
amdt 2.106 commenced 1 July 2012 (s 2 (2))
remainder commenced 1 July 2010 (s 2 (1) (a))
as modified by
Health Practitioner Regulation National Law (ACT) (Transitional
Provisions) Regulation 2010 SL2010-25 s 3
notified LR 24 June 2010
s 1, s 2 commenced 24 June 2010 (LA s 75 (1))
s 3 commenced 1 July 2010 (s 2 and see Health Practitioner
Regulation National Law (ACT) Act 2010 A2010-10 s 2 (1) (a))
Health Practitioner Regulation National Law (ACT) (Transitional
Provisions) Regulation 2010 (No 2) SL2010-39 s 3
notified LR 11 October 2010
s 1, s 2 commenced 11 October 2010 (LA s 75 (1))
s 3 commenced 12 October 2010 (s 2)
as amended by
Freedom of Information Act 2016 A2016-55 sch 4 pt 4.14 (as am by
A2017-14 s 19)
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
sch 4 pt 4.14 commenced 1 January 2018 (s 2 as am by A2017-14
s 19)
Justice and Community Safety Legislation Amendment Act 2017
(No 2) A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))
Note This Act only amends the Freedom of Information Act 2016
A2016-55.
Endnotes
3 Legislation history
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Health Legislation Amendment Act 2024 A2024-42 pt 3
notified LR 17 September 2024
s 1, s 2 commenced 17 September 2024 (LA s 75 (1))
s 6 commenced 18 September 2024 (s 2 (3) (b))
pt 3 remainder commenced 18 September 2024 (s 2 (1))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Exclusion of territory laws
s 9 am A2016-55 amdt 4.16
Review of Act
s 11 exp 1 July 2012 (s 11 (2))
Local provisions
pt 3 hdg exp 1 July 2012 (s 15)
Amendment of legislation
div 3.1 hdg exp 1 July 2012 (s 15)
Legislation amended—sch 2
s 12 exp 1 July 2012 (s 15)
Modification—Health Act 1993
s 12A ins as mod SL2010-39 s 3
exp 1 July 2012 (see SL2010-39 s 4)
Transitional provisions
div 3.2 hdg exp 1 July 2012 (s 15)
Transitional regulations
s 13 exp 1 July 2012 (s 15)
Modification—sch 1
s 13A ins as mod SL2010-25 s 3
exp 1 July 2012 (see SL2010-25 s 4)
Annual reports for old boards
s 14 exp 1 January 2011 (s 14 (3))
Expiry—pt 3
s 15 exp 1 July 2012 (s 15)
Modifications—Health Practitioner Regulation National Law
sch 1 mod SL2010-25 s 3
mod 1.23A, mod 1.23B exp 1 July 2012 (see SL2010-25 s 4)
am A2024-42 s 6, s 7
Consequential amendments
sch 2 hdg om LA s 89 (3)
Administrative Decisions (Judicial Review) Act 1989
sch 2 pt 2.1 om LA s 89 (3)
Children and Young People Act 2008
sch 2 pt 2.2 om LA s 89 (3)
Endnotes
4 Amendment history
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Civil Law (Wrongs) Act 2002
sch 2 pt 2.3 om LA s 89 (3)
Corrections Management Act 2007
sch 2 pt 2.4 om LA s 89 (3)
Crimes Act 1900
sch 2 pt 2.5 om LA s 89 (3)
Crimes (Forensic Procedures) Act 2000
sch 2 pt 2.6 om LA s 89 (3)
Health Act 1993
sch 2 pt 2.7 om LA s 89 (3)
Health Professionals Act 2004
sch 2 pt 2.8 om LA s 89 (3)
Health Professionals Regulation 2004
sch 2 pt 2.9 om LA s 89 (3)
Health Professionals (Special Events Exemptions) Act 2000
sch 2 pt 2.10 om LA s 89 (3)
Health Records (Privacy and Access) Act 1997
sch 2 pt 2.11 om LA s 89 (3)
Human Rights Commission Act 2005
sch 2 pt 2.12 om LA s 89 (3)
Legislation Act 2001
sch 2 pt 2.13 om LA s 89 (3)
Medicines, Poisons and Therapeutic Goods Act 2008
sch 2 pt 2.14 om LA s 89 (3)
Medicines, Poisons and Therapeutic Goods Regulation 2008
sch 2 pt 2.15 om LA s 89 (3)
Mental Health (Treatment and Care) Act 1994
sch 2 pt 2.16 om LA s 89 (3)
Public Health Act 1997
sch 2 pt 2.17 om LA s 89 (3)
Radiation Protection Act 2006
sch 2 pt 2.18 om LA s 89 (3)
Transplantation and Anatomy Act 1978
sch 2 pt 2.19 om LA s 89 (3)
Victims of Crime (Financial Assistance) Act 1983
sch 2 pt 2.20 om LA s 89 (3)
Endnotes
Amendment history 4
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Victims of Crime Regulation 2000
sch 2 pt 2.21 om LA s 89 (3)
Workers Compensation Act 1951
sch 2 pt 2.22 om LA s 89 (3)
Workers Compensation Regulation 2002
sch 2 pt 2.23 om LA s 89 (3)