Health Practitioner Regulation National Law Application Act 2024
Western Australia
Health Practitioner Regulation National Law Application Act 2024
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Act binds Crown 3
Part 2 — Health Practitioner Regulation National Law
Division 1 — Application of Health Practitioner Regulation National Law
Application of National Law as law of the State 4
Commencement of National Law as law of the State 5
Tabling amending Acts 5
Disallowance of amending Acts 5
Commencement of provisions of amending Acts 6
Amending Acts enacted after 10 October 2023 but before commencement day 7
Tabling of amending Act taken to be publication for Standing Orders 7
Division 2 — Application of national regulations
Application of national regulations as subsidiary legislation 8
National regulations made by amending Act provision 8
National regulations made under or for purposes of amending Act provision 9
Publication of national regulations 9
Tabling and disallowance of national regulations 10
Interpretation Act 1984 s. 41 and 42 do not apply to Health Practitioner Regulation National Law Regulation (Western Australia) 11
Division 3 — Miscellaneous
Meaning of generic terms in Health Practitioner Regulation National Law (Western Australia) for purposes of this jurisdiction 11
Responsible tribunal for the Health Practitioner Regulation National Law (Western Australia) 12
Interaction between National Law and this Act 12
No double jeopardy 12
Exclusion of legislation of this jurisdiction 13
Part 3 — Modification of Schedule to Health Practitioner Regulation National Law Act 2009 (Queensland)
Section 1 - Health Practitioner Regulation National Law Application Act 2024 - Health Practitioner Regulation National Law Application Act 2024 | Zoe
Modification of National Law 14
Section 3A modified 14
Section 113 modified 14
Section 123A inserted 14
123A. Restricted birthing practices 14
Section 141 modified 15
Sections 141A, 141B and 141C deleted 16
Section 159B modified 16
Section 159P modified 16
Section 206 modified 16
Section 241A deleted 17
Section 242 replaced 17
Proceedings for offences 17
Sections 246 and 247 deleted 17
Part 4 — Provisions specific to this jurisdiction
Police Commissioner may give criminal history information 18
Review of decision by State Administrative Tribunal as responsible tribunal 18
Local regulations 18
Part 5 — Repeal and transitional provisions
Division 1 — Repeal
Written law repealed 19
Division 2 — Transitional provisions
Terms used 19
Application of Interpretation Act 1984 20
References to the Law and this Law 20
New Law operates as continuation of former Law 20
New regulations operate as continuation of regulations applied under former Law 21
Existing applications for accreditation or registration 22
Existing right of review of condition or undertaking 22
Existing right of appeal 23
Undecided reviews and appeals 23
Amounts payable or recoverable under former Law 24
Transitional regulations 24
Part 6 — Consequential amendments
Division 1 — Liquor Control Act 1988 amended
Act amended 26
Section 69 amended 26
Division 2 — National Health Funding Pool Act 2012 amended
Act amended 26
Section 3 amended 26
Section 8 amended 27
Notes
Compilation table 28
Uncommenced provisions table 28
Defined terms
Western Australia
Health Practitioner Regulation National Law Application Act 2024
An Act —
to apply the Health Practitioner Regulation National Law (with modifications) as a law of the State; and
to repeal the Health Practitioner Regulation National Law (WA) Act 2010; and
to make consequential amendments to other Acts; and
for related purposes.
Part 1 — Preliminary
1. Short title
This is the Health Practitioner Regulation National Law Application Act 2024.
2. Commencement
This Act comes into operation as follows —
(a) Part 1 — on the day on which this Act receives the Royal Assent (assent day);
(b) section 29 —
(i) if section 94 of the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 (Queensland) comes into operation on or before assent day — on the day after assent day; or
(ii) otherwise — on the day on which section 94 of the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 (Queensland) comes into operation;
(c) the rest of the Act — on the day after assent day.
3. Terms used
(1) In this Act —
amending Act means a Queensland Act that receives the Royal Assent after 10 October 2023 and —
(a) amends the Schedule to the Health Practitioner Regulation National Law Act 2009 (Queensland); or
(b) amends the national regulations;
commencement day means the day on which section 5 comes into operation;
Health Practitioner Regulation National Law Regulation (Western Australia) means the provisions applying as subsidiary legislation for the purposes of the Health Practitioner Regulation National Law (Western Australia) because of section 12;
Health Practitioner Regulation National Law (Western Australia) means the provisions applying in the State because of section 5;
local regulations means regulations made under section 37;
national regulations has the meaning given in section 12(1).
(2) A reference in this Act to regulations made under a Queensland Act is a reference to regulations to the extent the regulations are made or amended by a provision of the Queensland Act.
(3) If a term used in this Act is given a meaning in the Health Practitioner Regulation National Law (Western Australia), it has the same meaning in this Act.
4. Act binds Crown
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Part 2 — Health Practitioner Regulation National Law
Division 1 — Application of Health Practitioner Regulation National Law
5. Application of National Law as law of the State
(1) In this section —
Health Practitioner Regulation National Law means the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Queensland) as in force on 10 October 2023 —
(a) as amended by the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 (Queensland) Chapter 3 Parts 7, 8, 13, 21 (other than section 93 to the extent it is already in force on 10 October 2023), Parts 29 and 30 and sections 117(2), 124, 127 and 128 (when those provisions come into operation in the State under section 6(2)); and
(b) as amended by each provision that —
(i) is an amending Act that has effect for the purposes of this Part under section 8; and
(ii) has come into operation for the purposes of this Part under section 9;
and
(c) as modified by Part 3.
(2) The Health Practitioner Regulation National Law —
(a) applies as a law of the State; and
(b) as so applying may be referred to as the Health Practitioner Regulation National Law (Western Australia); and
(c) so applies as if it were an Act.
6. Commencement of National Law as law of the State
(1) For the purposes of the Health Practitioner Regulation National Law (Western Australia) section 2, the Law as it applies in the State because of section 5 of this Act comes into operation on commencement day.
(2) For the purposes of paragraph (a) of the definition of Health Practitioner Regulation National Law in section 5(1), a provision of the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 (Queensland) referred to in that paragraph comes into operation in the State —
(a) if the provision has come into operation in Queensland before commencement day — on commencement day; or
(b) in any other case — on the day on which the provision comes into operation in Queensland under section 2 of that Act.
7. Tabling amending Acts
An amending Act must be laid before each House of Parliament within 18 sitting days of the House after the day on which the Act receives the Royal Assent.
8. Disallowance of amending Acts
(1) In this section —
disallowance period, in relation to a disallowance resolution of which notice is given in a House of Parliament, means the period of 30 sitting days of the House after the day on which the notice is given;
disallowance resolution means a resolution that an amending Act be disallowed;
notice period, in relation to an amending Act laid before a House of Parliament under section 7, means the period of 14 sitting days of the House after the day on which the amending Act is laid before it.
(2) An amending Act has effect for the purposes of this Part if the amending Act is laid before each House of Parliament under section 7 and either —
(a) no notice of a disallowance resolution is given in either House within the notice period; or
(b) at least 1 notice of a disallowance resolution is given in a House within the notice period and, for each such notice, 1 of the following applies —
(i) the notice is withdrawn or discharged within the disallowance period;
(ii) the disallowance resolution is lost in the House or not agreed to within the disallowance period.
(3) For the purposes of this section and section 7—
(a) the period specified in section 7, a notice period or a disallowance period continues to run even though a House of Parliament is prorogued or dissolved or expires; and
(b) notice of a disallowance resolution given in a House of Parliament, or a motion that an amending Act be disallowed in the House, does not lapse even though the House is prorogued or dissolved or expires.
9. Commencement of provisions of amending Acts
(1) If an amending Act has effect for the purposes of this Part under section 8, the Governor must declare that fact by proclamation as soon as practicable.
(2) If a provision of the amending Act has come into operation in Queensland before the proclamation is published —
(a) the proclamation must fix a day on which the provision comes into operation for the purposes of this Part, which must be after the day on which the proclamation is published; and
(b) the provision comes into operation for the purposes of this Part on that day.
(3) If a provision of the amending Act has not come into operation in Queensland before the proclamation is published, the provision comes into operation for the purposes of this Part when the provision comes into operation in Queensland.
10. Amending Acts enacted after 10 October 2023 but before commencement day
If an amending Act receives the Royal Assent after 10 October 2023, but before commencement day, sections 7 to 9 apply to the amending Act as if it received the Royal Assent on commencement day.
11. Tabling of amending Act taken to be publication for Standing Orders
(1) In this section —
parliamentary committee means a committee established by either or both of the Houses of Parliament.
(2) If a Standing Order of a House of Parliament provides that on the publication of an instrument under a written law the instrument is referred to a parliamentary committee for consideration, the laying of an amending Act before the House under section 7 is taken to be publication of the amending Act for the purposes of the Standing Order.
(3) This section does not apply if the Standing Orders of the House provide specifically for an amending Act to be considered by a parliamentary committee.
Division 2 — Application of national regulations
12. Application of national regulations as subsidiary legislation
(1) In this section —
national regulations means regulations made under —
(a) section 245 of the Schedule to the Health Practitioner Regulation National Law Act 2009 (Queensland); or
(b) a Queensland Act for the purposes of the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law 2009 (Queensland).
(2) The national regulations, as in force from time to time —
(a) apply as subsidiary legislation for the purposes of the Health Practitioner Regulation National Law (Western Australia), subject to sections 13, 14 and 16 of this Act; and
(b) as so applying may be referred to as the Health Practitioner Regulation National Law Regulation (Western Australia).
13. National regulations made by amending Act provision
National regulations made under a provision of an amending Act have effect for the purposes of their application under section 12 if —
(a) the amending Act has effect for the purposes of this Part under section 8; and
(b) the provision has come into operation for the purposes of this Part under section 9.
14. National regulations made under or for purposes of amending Act provision
(1) This section applies to a provision of the national regulations (the subsidiary provision) if the provision is made —
(a) on or after commencement day; and
(b) under or for the purposes of a provision of the Schedule to the Health Practitioner Regulation National Law Act 2009 (Queensland) that is amended, or inserted into that Schedule, by a provision of an amending Act (the amending Act provision).
(2) The subsidiary provision does not have effect for the purposes of its application under section 12 until the later of —
(a) the day on which the amending Act provision comes into operation for the purposes of this Part under section 9; or
(b) the day on which the subsidiary provision comes into operation in Queensland.
(3) However, if the amending Act does not have effect for the purposes of this Part under section 8, the subsidiary provision does not apply as subsidiary legislation under section 12.
15. Publication of national regulations
(1) This section applies to national regulations made under section 245 of the Schedule to the Health Practitioner Regulation National Law Act 2009 (Queensland) after 10 October 2023.
(2) The national regulations must be published on the WA legislation website no later than 18 days after the day on which the national regulations are made.
(3) If national regulations are made after 10 October 2023 but before commencement day, subsection (2) applies as if the national regulations were made on commencement day.
16. Tabling and disallowance of national regulations
(1) National regulations published under section 15 must be laid before each House of Parliament within 6 sitting days of the House after the day on which the regulations are published.
(2) National regulations cease to have effect as subsidiary legislation for the purposes of their application under section 12 if —
(a) the regulations are not published under section 15; or
(b) the regulations are not laid before each House of Parliament in accordance with subsection (1); or
(c) the regulations are laid before each House of Parliament in accordance with subsection (1) and —
(i) notice of a resolution to disallow the regulations is given in a House of Parliament within 14 sitting days after the day on which the regulations are laid before the House under subsection (1); and
(ii) the resolution to disallow the regulations is agreed to by the House.
(3) National regulations that cease to have effect under subsection (2) cease to have effect at the end of the day on which the circumstance in subsection (2)(a), (b) or (c)(ii) occurs.
(4) If a resolution is agreed to under subsection (2)(c), notice of the resolution must be published in the Gazette or on the WA legislation website within 21 days after the day on which the resolution is agreed.
(5) If national regulations (the disallowed regulations) cease to have effect under subsection (2), other national regulations that were amended or repealed by the disallowed regulations revive, for the purposes of their application under section 12, on the day after the day on which the disallowed regulations cease to have effect.
(6) For the purposes of this section —
(a) the period specified in subsection (1) or (2)(c)(i) continues to run even though a House of Parliament is prorogued or dissolves or expires; and
(b) notice of the resolution to disallow the national regulations given in a House of Parliament does not lapse even though the House is prorogued or dissolved or expires.
17. Interpretation Act 1984 s. 41 and 42 do not apply to Health Practitioner Regulation National Law Regulation (Western Australia)
The Interpretation Act 1984 sections 41 and 42 do not apply to the Health Practitioner Regulation National Law Regulation (Western Australia).
Division 3 — Miscellaneous
18. Meaning of generic terms in Health Practitioner Regulation National Law (Western Australia) for purposes of this jurisdiction
(1) In the Health Practitioner Regulation National Law (Western Australia) —
magistrate means a magistrate appointed under the Magistrates Court Act 2004;
this jurisdiction means Western Australia.
(2) For the purposes of the Health Practitioner Regulation National Law (Western Australia) and any other Act or law —
(a) each of the following bodies is not an agency as defined in the Public Sector Management Act 1994 section 3(1) —
(i) the Agency Board;
(ii) the National Agency;
(iii) a National Board;
and
(b) an employee of a body mentioned in paragraph (a) is not a public service officer as defined in the Public Sector Management Act 1994 section 3(1).
19. Responsible tribunal for the Health Practitioner Regulation National Law (Western Australia)
The State Administrative Tribunal is declared to be the responsible tribunal for this jurisdiction for the purposes of the Health Practitioner Regulation National Law (Western Australia).
20. Interaction between National Law and this Act
If a provision of this Act is inconsistent with the Health Practitioner Regulation National Law (Western Australia), the provision of this Act prevails to the extent of the inconsistency.
21. No double jeopardy
A person is not liable to be punished for an offence against the Health Practitioner Regulation National Law (Western Australia) if —
(a) the act or omission that constitutes the offence also constitutes an offence against a law of another participating jurisdiction; and
(b) the person has been punished for the offence under the law of the other jurisdiction.
22. Exclusion of legislation of this jurisdiction
(1) The Interpretation Act 1984 does not apply to the Health Practitioner Regulation National Law (Western Australia).
Note for this subsection:
See the Health Practitioner Regulation National Law (Western Australia) section 6.
(2) The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (Western Australia) or to the instruments made under the Law (except as applied under the Law) —
(a) the Auditor General Act 2006;
(b) the Financial Management Act 2006;
(c) the Freedom of Information Act 1992;
(d) the Parliamentary Commissioner Act 1971;
(e) the Public Sector Management Act 1994;
(f) the State Records Act 2000.
(3) An Act mentioned in subsection (2) applies to a public sector body as defined in the Public Sector Management Act 1994 section 3(1), and an employee of the body, performing a function under the Health Practitioner Regulation National Law (Western Australia).
Part 3 — Modification of Schedule to Health Practitioner Regulation National Law Act 2009 (Queensland)
23. Modification of National Law
For the purposes of the definition of Health Practitioner Regulation National Law in section 5(1), the Schedule to the Health Practitioner Regulation National Law Act 2009 (Queensland) applies as if amended as set out in this Part.
24. Section 3A modified
In section 3A(2)(c) delete “and are of an appropriate quality.” and insert:
consistent with best practice principles.
25. Section 113 modified
In section 113 in the Table delete “medical practitioner” and insert:
medical practitioner, physician
26. Section 123A inserted
At the end of Part 7 Division 10 Subdivision 2 insert:
123A. Restricted birthing practices
(1) In this section —
midwife means a person who is registered under this Law in the midwifery profession;
restricted birthing practice means undertaking the care of a person by managing the person’s 3 stages of labour, or any part of those stages.
(2) A person must not carry out a restricted birthing practice unless the person —
(a) is a medical practitioner; or
(b) is a midwife; or
(c) is a student who carries out the restricted birthing practice in the course of activities undertaken as part of —
(i) an approved program of study for the medical or midwifery profession; or
(ii) clinical training in the medical or midwifery profession;
or
(d) is acting under the supervision of a medical practitioner or midwife and in accordance with any requirements set out in a code or guideline approved, under section 39, by the National Board established for the relevant profession; or
(e) is providing emergency assistance to a person who is in labour.
Maximum penalty — $60 000 or 3 years imprisonment or both.
27. Section 141 modified
(1) Delete section 141(2A).
(2) After section 141(4)(c) insert:
(ca) the first health practitioner forms the reasonable belief in the course of providing health services to the second health practitioner or student; or
Note: the heading to amended section 141 is to read:
Mandatory notifications by health practitioners
28. Sections 141A, 141B and 141C deleted
Delete sections 141A, 141B and 141C.
29. Section 159B modified
In section 159B in the definition of relevant provision paragraph (c) delete “123;” and insert:
123A;
30. Section 159P modified
In section 159P in the definition of relevant provision paragraph (c) delete “123;” and insert:
123A;
31. Section 206 modified
At the end of section 206(1) insert:
Note:
Under section 132, a National Board may ask a registered health practitioner to give the Board information about whether or not the practitioner is employed by another entity and, if so, for the employer’s details.
32. Section 241A deleted
Delete section 241A.
33. Section 242 replaced
Delete section 242 and insert:
Proceedings for offences
(1) A proceeding for an offence against this Law is to be by way of summary proceeding before a court of summary jurisdiction.
(2) A proceeding for an offence against a provision of Division 10 of Part 7 or section 196A(1) may be commenced at any time.
34. Sections 246 and 247 deleted
Delete sections 246 and 247.
Part 4 — Provisions specific to this jurisdiction
35. Police Commissioner may give criminal history information
(1) 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 (Western Australia) section 79 or 135.
(2) The Commissioner of Police appointed under the Police Act 1892 may give criminal history information to —
(a) a National Board; or
(b) the ACC, or a police force or service of the Commonwealth or another State or a Territory, for the purpose of the ACC or the police force or service giving the criminal history information to a National Board.
36. Review of decision by State Administrative Tribunal as responsible tribunal
A reference in the Health Practitioner Regulation National Law (Western Australia) to an appeal against a decision is, for an appeal to the State Administrative Tribunal as the responsible tribunal, a reference to a review of the decision as provided under the State Administrative Tribunal Act 2004 Part 3 Division 3.
37. Local regulations
The Governor may make regulations prescribing all matters —
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for giving effect to this Act.
Part 5 — Repeal and transitional provisions
Division 1 — Repeal
38. Written law repealed
The Health Practitioner Regulation National Law (WA) Act 2010 is repealed.
Division 2 — Transitional provisions
39. Terms used
(1) In this Division —
former Law means the provisions applying in the State as the Health Practitioner Regulation National Law (Western Australia) because of section 4 of the repealed Act;
new Law means the provisions applying in the State as the Health Practitioner Regulation National Law (Western Australia) because of section 5 of this Act;
repealed Act means the Health Practitioner Regulation National Law (WA) Act 2010.
(2) Also, in this Division —
(a) a provision of this Act corresponds to a provision of the repealed Act, and vice versa, if the 2 provisions are substantially the same; and
(b) a provision of the new Law corresponds to a provision of the former Law, and vice versa, if the 2 provisions are substantially the same.
40. Application of Interpretation Act 1984
(1) A provision of the Interpretation Act 1984 about the repeal of enactments and the substitution of other enactments applies as if —
(a) the provisions of the repealed Act and the former Law were repealed by this Act; and
(b) a provision of the repealed Act were re‑enacted as the corresponding provision of this Act; and
(c) a provision of the former Law were re‑enacted as the corresponding provision of the new Law.
(2) Despite subsection (1), the Interpretation Act 1984 section 38 does not apply in relation to the repealed Act or the former Law.
(3) Except to the extent that this Division or regulations made for the purposes of this Division provide differently, the Interpretation Act 1984 applies to and in relation to the repeal effected by section 38.
41. References to the Law and this Law
(1) In the Health Practitioner Regulation National Law (Western Australia), unless the context otherwise requires —
(a) a reference to the Law or this Law includes a reference to the former Law; and
(b) a reference to something done under the Law includes a reference to the thing being done under the corresponding provision of the former Law.
(2) This section does not limit, and is not limited by, another provision in this Part.
42. New Law operates as continuation of former Law
(1) In this section —
pending matter means a notification, claim, assessment, proceeding, dispute or other matter commenced or arising under the former Law before commencement day that is pending, current or continuing under the former Law immediately before commencement day.
(2) The new Law operates as a continuation of the former Law and a pending matter continues and must be dealt with under the new Law as if it arose under the new Law.
(3) Anything commenced under a provision of the former Law for the purposes of or in connection with a pending matter is taken to have been commenced, and is to continue, under the corresponding provision of the new Law.
(4) Any act, matter or thing done or omitted to be done under or for the purposes of a provision of the former Law before commencement day, to the extent that it has any current or continuing force, significance or effect in connection with a pending matter, is taken to have been done or omitted to be done under or for the purposes of the corresponding provision of the new Law.
(5) A reference in the new Law to something done or omitted to be done under or for the purposes of a provision of the new Law includes a reference to something done or omitted to be done under or for the purposes of the corresponding provision of the former Law.
43. New regulations operate as continuation of regulations applied under former Law
(1) In this section —
new regulations means the provisions applying in this State as the Health Practitioner Regulation National Law Regulation (Western Australia) because of section 12 of this Act.
(2) The new regulations operate as a continuation of the Health Practitioner Regulation National Law Regulation 2018 as applied under the former Law (the 2018 regulations).
(3) The Interpretation Act 1984 sections 36 (except section 36(d) insofar as it relates to subsidiary legislation) and 37 apply and have effect as if the 2018 regulations were repealed and re‑enacted as the new regulations.
(4) Subsection (2) does not affect the operation of section 12.
44. Existing applications for accreditation or registration
(1) This section applies if any of the following applications, made under a provision of the former Law, are not decided or withdrawn before commencement day —
(a) an application for accreditation;
(b) an application for variation of accreditation;
(c) an application for approval;
(d) an application for registration;
(e) an application for variation of registration;
(f) an application for renewal of registration.
(2) The application is taken to have been made under the corresponding provision of the new Law.
(3) If a National Board, under a provision of the former Law, made a requirement of, or gave a direction to, the person who made the application, the National Board is taken to have made the requirement or given the direction under the corresponding provision of the new Law.
(4) The National Board must consider, or continue to consider, and determine the application under the new Law.
45. Existing right of review of condition or undertaking
(1) This section applies if, immediately before commencement day a person could have, but had not, applied to a National Board under section 125 of the former Law to change or remove a condition imposed, or change or revoke an undertaking given, under the former Law.
(2) The person may apply for the change, removal or revocation, and the National Board may hear and decide the application, under the new Law Part 7 Division 11 Subdivision 2 as if the condition had been imposed, or the undertaking had been given, under the corresponding provision of the new Law.
46. Existing right of appeal
(1) This section applies if —
(a) a person had a right under the former Law section 199 to appeal to the responsible tribunal against a decision by a National Board; and
(b) on commencement day, the period within which the person could start an appeal had not ended.
(2) The person may, within the period referred to in subsection (1)(b), start an appeal against the decision and the responsible tribunal must hear and decide the appeal under the new Law Part 8 Division 13 as if the decision appealed against were made under the corresponding provision of the new Law.
47. Undecided reviews and appeals
(1) This section applies if, immediately before commencement day —
(a) an application, made under the former Law section 125, to change or remove a condition imposed, or change or revoke an undertaking given, under a provision of the former Law had not been decided or withdrawn; or
(b) an appeal, started under the former Law section 199, against a decision made under a provision of the former Law had not been decided or withdrawn.
(2) The entity hearing the application or appeal must continue to hear, and decide, the application or appeal under the new Law as if the matter applied for, or the decision being appealed against, had been made under the corresponding provision of the new Law.
48. Amounts payable or recoverable under former Law
(1) Any amount payable under a provision of the former Law that is unpaid immediately before commencement day is payable under the corresponding provision of the new Law.
(2) An amount that is recoverable under a provision of the former Law but not recovered immediately before commencement day is recoverable under the corresponding provision of the new Law.
49. Transitional regulations
(1) In this section —
publication day, in relation to transitional regulations, means the day on which the transitional regulations are published under the Interpretation Act 1984 section 41;
transitional matter —
(a) means a matter or issue of a transitional nature that arises as a result of the repeal of the repealed Act and the former Law, the enactment of this Act and the coming into operation of the new Law; and
(b) includes a matter or issue of a savings or application nature;
transitional regulations means local regulations made for the purposes of subsection (2).
(2) If there is not sufficient provision in this Division for dealing with a transitional matter, local regulations may prescribe anything required, necessary or convenient to be prescribed in relation to that matter.
(3) Without limiting subsection (2), transitional regulations may provide that —
(a) specified provisions of this Act or the new Law —
(i) do not apply in relation to a matter; or
(ii) apply with specified modifications to or in relation to a matter;
and
(b) specified provisions of the repealed Act continue to apply (with or without specified modifications) to, or in relation to a specified matter as if the repealed Act were not repealed.
(4) Transitional regulations cannot be made after the end of the period of 2 years beginning on commencement day.
(5) If transitional regulations provide that a state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than publication day, but not earlier than commencement day, the regulations have effect according to their terms.
(6) If transitional regulations contain a provision referred to in subsection (5) , the provision does not operate so as to —
(a) affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before publication day; or
(b) impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before publication day.
Part 6 — Consequential amendments
Division 1 — Liquor Control Act 1988 amended
50. Act amended
This Division amends the Liquor Control Act 1988.
51. Section 69 amended
In section 69(9A)(a) delete “Health Practitioner Regulation National Law (WA) Act 2010” and insert:
*Health Practitioner Regulation National Law (Western Australia)*
Division 2 — National Health Funding Pool Act 2012 amended
52. Act amended
This Division amends the National Health Funding Pool Act 2012.
53. Section 3 amended
In section 3(5) delete “Schedule 7 to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law (WA) Act 2010” and insert:
the Health Practitioner Regulation National Law (Western Australia) Schedule 7
54. Section 8 amended
In section 8 delete the note and insert:
Note for this section:
The Health Practitioner Regulation National Law (Western Australia) Schedule 7 clause 27 includes additional provisions relating to acting appointments that have effect subject to this section.
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Notes
This is a compilation of the Health Practitioner Regulation National Law Application Act 2024. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Health Practitioner Regulation National Law Application Act 2024
21 of 2024
14 May 2024
Pt. 1: 14 May 2024 (see s. 2(a)); Pt. 2 and 3 (other than s. 29) and Pt. 4‑6: 15 May 2024 (see s. 2(c)); s. 29: 1 Jul 2024 (see s. 2(b)(ii))
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
Short title
Number and year
Assent
Commencement
Privacy and Responsible Information Sharing Act 2024 Pt. 6 Div. 4
51 of 2024
6 Dec 2024
To be proclaimed (see s. 2(c))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
2018 regulations 43(2)
amending Act 3(1)
amending Act provision 14(1)
assent day 2
commencement day 3(1)
corresponds 39(2)
criminal history information 35(1)
disallowance period 8(1)
disallowance resolution 8(1)
disallowed regulations 16(5)
former Law 39(1)
Health Practitioner Regulation National Law 5(1)
Health Practitioner Regulation National Law Regulation (Western Australia) 3(1)
Health Practitioner Regulation National Law (Western Australia) 3(1)
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