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(2) For the purposes of subsection (1), the appropriate
responsible tribunal for an application for a
reinstatement order is the responsible tribunal for
the participating jurisdiction in which the decision
that resulted in the person becoming a disqualified
person was made.
198B Hearing of application for reinstatement
order
(1) At a hearing of an application for a reinstatement
order, the responsible tribunal must determine
whether, at the time of the hearing, the making of
a reinstatement order is appropriate.
(2) Without limiting subsection (1), in determining
whether it is appropriate to make the
reinstatement order, the tribunal may consider
whether the person is—
(a) a fit and proper person to hold registration in
the health profession; and
(b) able to practise the health profession
competently and safely.
(3) The responsible tribunal must take into account a
complaint or notification made about the person,
whether the complaint or notification was made
before or after the decision that resulted in the
person becoming a disqualified person.
198C Parties to proceedings
The parties to proceedings relating to the hearing
of an application for a reinstatement order are—
(a) the disqualified person; and
(b) the National Board that registered the
person before the decision that resulted in
the person becoming a disqualified person.
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198D Costs
The responsible tribunal may make any order
about costs the tribunal considers appropriate for
the proceedings.
198E Decision about application for reinstatement
order
(1) A responsible tribunal that hears an application
for a reinstatement order may—
(a) make an order dismissing the application; or
(b) grant the reinstatement order.
(2) If the responsible tribunal grants the reinstatement
order, the tribunal may decide conditions to which
the person’s registration must be subject if a
National Board decides to re-register the person
under this Law.
(3) If the responsible tribunal decides to impose a
condition on the person’s registration, the tribunal
must also decide a review period for the
condition, commencing from the date of
re-registration.
(4) Any condition imposed on a person’s registration
by the National Board under Part 7 applies, but
only to the extent it is not inconsistent with
conditions imposed or changed by the responsible
tribunal.
(5) If the responsible tribunal makes an order
dismissing the application, the tribunal may
impose a period during which the person cannot
make another application for a reinstatement
order.
(6) A person must not make an application for a
reinstatement order in contravention of an order
by the responsible tribunal under subsection (5).
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21 Insertion of new ss 225A and 225B
After section 225—
insert—
225A Requirement for additional information to be
recorded in National and Specialists Registers
in certain circumstances
(1) This section applies if a National Board is
satisfied that, in relation to a health practitioner
whose name is recorded in a National Register or
Specialists Register kept by the Board—
(a) a responsible tribunal decided, on or after
the participation day for the health
profession, that the practitioner behaved in a
way that constitutes professional
misconduct; and
(b) a basis for the tribunal’s decision was that
the practitioner engaged in sexual
misconduct, whether occurring in
connection with the practice of the
practitioner’s profession or not.
(2) For subsection (1)(b), it is immaterial that—
(a) sexual misconduct was not the sole or main
basis for the tribunal’s decision; or
(b) if the matter involved other types of
conduct—the tribunal did not consider or
decide whether the sexual misconduct alone
constituted professional misconduct.
Note—
See paragraph (b) of the definition of professional
misconduct, which provides that professional
misconduct may include more than one instance
of unprofessional conduct in particular
circumstances.
(3) The National Board may be satisfied for
subsection (1)(b)—
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(a) by necessary inference, taking into account
the tribunal’s decision and the reasons for
the decision; and
(b) regardless of whether or not the tribunal’s
reasons for the decision expressly provide
that sexual misconduct was a basis for the
decision.
(4) The National Board must record the information
(the additional information) mentioned in
section 225B in the National Register or
Specialists Register.
(5) However, the additional information must not be
recorded in the National Register or Specialists
Register, or must be removed from the register, if,
on appeal, the responsible tribunal’s decision
regarding professional misconduct is—
(a) stayed or overturned; or
(b) modified to the extent it is no longer a
decision to which this section applies.
(6) Also, if recording the additional information in
the National Register or Specialists Register
would contravene an order of a court or tribunal,
the National Board must not include, or must
remove, the additional information to the extent
the recording of the information in the register
would contravene the order.
(7) Section 226(1) and (2) apply to the requirement to
record information under this section.
(8) The additional information must remain on the
National Register or Specialists Register
permanently, unless otherwise authorised to be
removed by this Law.
(9) To the extent of any inconsistency between the
requirements of this section and section 225B (the
relevant sections) and section 232(2), the relevant
sections prevail.
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225B Additional information to be recorded in
National and Specialists Registers for s 225A
(1) For section 225A(4), the additional information
is—
(a) a statement of the following—
(i) the date of the tribunal’s decision;
(ii) the name of the tribunal;
(iii) that the tribunal decided the person
behaved in a way that constitutes
professional misconduct;
(iv) that the professional misconduct
included sexual misconduct;
(v) any sanction imposed by the tribunal
that—
(A) relates solely to the sexual
misconduct; or
(B) if the sanction relates to more than
one type of conduct—relates to
the sexual misconduct and other
types of conduct; and
(b) if the tribunal decision has been
published—a copy of the decision or a link
to the decision.
(2) For section 225A(4), if the tribunal decided to
cancel the person’s registration on the grounds of
the professional misconduct, or if the health
practitioner no longer holds registration, the
additional information is also a statement of the
following—
(a) if the tribunal decided to disqualify the
person from applying for registration under
section 196(4)(a)—
(i) that the tribunal decided to disqualify
the person; and
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(ii) that the person may apply to the
tribunal for a reinstatement order;
(b) if the tribunal decided to set a period for
which the person may not apply for a
reinstatement order—the period for which
the person may not apply for the order;
(c) if the tribunal decided to prohibit the person
from providing a health service or using a
title under section 196(4)(b)—that the
tribunal has prohibited the person from
providing the service or using the title for a
specified time or permanently;
(d) if the tribunal decided to restrict the person
from providing a health service under
section 196(4)(c)—
(i) that the tribunal has restricted the
person from providing the service; and
(ii) the period of the restriction or that the
restriction is permanent.
22 Insertion of new ss 237A and 237B
After section 237—
insert—
237A Protection from reprisals for persons making
notifications or otherwise providing
information, documents or assistance
(1) A person must not—
(a) use threats or intimidation to attempt to
persuade another person not to take
protected action; or
(b) dismiss, or refuse to employ, another person
because, or in the belief that, the other
person has taken, or intends to take,
protected action; or
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(c) subject another person to other detriment or
reprisal because, or in the belief that, the
other person has taken, or intends to take,
protected action.
Maximum penalty—
(a) for an individual—$60,000; or
(b) for a body corporate—$120,000.
(2) In this section—
protected action means—
(a) making a notification, in good faith, under
this Law; or
(b) giving information, documents or other
assistance in the course of an investigation
or for another purpose under this Law to a
person exercising functions under this Law.
237B Non-disclosure agreements
(1) A provision of a non-disclosure agreement is void
to the extent it prevents or limits a person from—
(a) making a notification, in good faith, under
this Law; or
(b) giving information, documents or other
assistance in the course of an investigation
or for another purpose under this Law to a
person exercising functions under this Law.
(2) A relevant person must not enter into a
non-disclosure agreement unless the agreement
sets out, clearly and in writing, that the agreement
does not limit a person from—
(a) making a notification, in good faith, under
this Law; or
(b) giving information, documents or other
assistance in the course of an investigation
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or for another purpose under this Law to a
person exercising functions under this Law.
Maximum penalty—
(a) for an individual—$5,000; or
(b) for a body corporate—$10,000.
(3) In this section—
non-disclosure agreement means a contract or
other agreement that prohibits or restricts the
disclosure of information or documents by a
person in relation to the health, conduct or
performance of a registered health practitioner or
former registered health practitioner.
relevant person means the following—
(a) an employer or former employer of a
registered health practitioner or a person
who was registered under this Law;
(b) a health service provider whose services are
provided by registered health practitioners;
(c) a registered health practitioner.
23 Insertion of new pt 16
After part 15—
insert—
Part 16 Transitional provisions
for Health Practitioner
Regulation National
Law and Other
Legislation
Amendment Act 2024
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327 Application of s 77A
Section 77A—
(a) does not apply in relation to an application
for registration made before the
commencement of this section; but
(b) applies to a disqualified person who makes
an application for registration after the
commencement of this section, regardless of
when a responsible tribunal made the
decision that resulted in the person
becoming a disqualified person.
328 Application for reinstatement order
(1) This section applies if, immediately before the
commencement of this section—
(a) a person was disqualified from applying for
registration as a registered practitioner for a
specified period; and
(b) the period has not yet ended.
(2) The person cannot apply under section 198A for a
reinstatement order until the specified period has
ended.
329 Application of s 237B
Section 237B(1) applies—
(a) to a non-disclosure agreement, within the
meaning of section 237B(3), whether
entered into before or after the
commencement of this section; and
(b) in relation to the health, conduct or
performance of a registered health
practitioner or former registered health
practitioner (the relevant issue), whether the
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relevant issue occurred before or after the
commencement of this section.
Part 4 Amendment of Health
Practitioner Regulation
National Law Act 2009
24 Act amended
This part amends the Health Practitioner Regulation National
Law Act 2009.
Editor's note—
For a consolidated reprint of the National Law as it applies in
Queensland, see the Health Practitioner Regulation National Law
(Queensland).
25 Insertion of new ss 51A and 51B
After section 51—
insert—
51A Amendment of s 198C (Parties to proceedings)
(1) National Law provisions, section 198C(b)—
omit, insert—
(b) either—
(i) if the person became a
disqualified person because of a
decision made by the responsible
tribunal after hearing a matter
referred to the tribunal by a
National Board under section
193B—the National Board; or
(ii) if the person became a
disqualified person because of a
decision made by the responsible
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tribunal after hearing a matter
referred to the tribunal by the
director of proceedings on behalf
of the health ombudsman under
the Health Ombudsman Act 2013,
section 103—the health
ombudsman.
(2) National Law provisions, section 198C—
insert—
(2) In this section—
director of proceedings see the Health
Ombudsman Act 2013, schedule 1.
51B Omission of s 198D (Costs)
National Law provisions, section 198D—
omit.
26 Insertion of new s 55A
After section 55—
insert—
55A Amendment of s 225B (Additional information
to be recorded in National and Specialists
Registers for s 225A)
(1) National Law provisions, section 225B(2)(a),
after ‘section 196(4)(a)’—
insert—
or the Health Ombudsman Act 2013, section
107(4)(a)
(2) National Law provisions, section
225B(2)(a)(ii)—
omit, insert—
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(ii) unless the tribunal decided to impose a
permanent restriction on the person
from applying to the tribunal for a
reinstatement order, that the person
may apply to the tribunal for a
reinstatement order;
(3) National Law provisions, section 225B(2)(c),
after ‘section 196(4)(b)’—
insert—
or the Health Ombudsman Act 2013, section
107(4)(b)
(4) National Law provisions, section 225B—
insert—
(3) Also, for section 225A(4), if the tribunal
decided to impose a permanent restriction on
the person from applying to the tribunal for a
reinstatement order, the additional
information is also a statement that the
tribunal imposed a permanent restriction on
the person from applying to the tribunal for a
reinstatement order.
(4) Further, for section 225A(4), the additional
information is also a statement of the
following—
(a) if section 328(2) applies in relation to
the person—the specified period
during which the person cannot apply
under the National Law, section 198A
for a reinstatement order;
(b) if section 328(4) applies in relation to
the person—that the person cannot
apply under the National Law, section
198A for a reinstatement order.
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