Part 1 Preliminary

Part 1 Preliminary

1 Short title

1 Short title

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

2 Commencement

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.

3 Objectives

3 Objectives

(1) The object of this Law is to establish a national registration and accreditation scheme for—

(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.

(2) The objectives of the national registration and accreditation scheme are—

(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.

(3) (Repealed)

s 3: Am 2022 No 22, secs 33, 36.

3A Guiding principles [NSW]

3A Guiding principles [NSW]

(1) The main guiding principle of the national registration and accreditation scheme is that the protection of the health and safety of the public must be the paramount consideration.

(2) The other guiding principles of the national registration and accreditation scheme are as follows—

(a) the scheme is to operate in a transparent, accountable, efficient, effective and fair way;

(a1) 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.

(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.

Note—

This section is a substituted New South Wales provision.

s 3A: Ins 2022 (668), Sch 1[2] (modifying 2022 No 22, sec 34; am 2023 (48), Sch 1[7] [8]).

3B Objective and guiding principle [NSW]

3B Objective and guiding principle [NSW]

In the exercise of functions under a NSW provision, the protection of the health and safety of the public must be the paramount consideration.

Note.

This section is an additional New South Wales provision.

s 3B (previously s 3A): Ins 2012 No 39, Sch 1.1 [2]. Renumbered 2022 (668), Sch 1[3].

4 How functions to be exercised

4 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.

s 4: Am 2022 No 22, sec 35.

5 Definitions

5 Definitions

In this Law—

ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 (Cwlth).

accreditation authority means—

(a) an external accreditation entity; or

(b) an accreditation committee.

accreditation committee means a committee established by a National Board to exercise an accreditation function for a health profession for which the Board is established.

accreditation standard, for a health profession, means a standard used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes necessary to practise the profession in Australia.

accredited program of study means a program of study accredited under section 48 by an accreditation authority.

adjudication body means—

(a) a panel; or

(b) a responsible tribunal; or

(c) a Court; or

(d) an entity of a co-regulatory jurisdiction that is declared in the Act applying this Law to be an adjudication body for the purposes of this Law.

Note.

See section 6A of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that Professional Standards Committees, Councils and Performance Review Panels are all adjudication bodies for the purposes of the Health Practitioner Regulation National Law.

Agency Board means the Australian Health Practitioner Regulation Agency Board established by section 29.

Agency Fund means the Australian Health Practitioner Regulation Agency Fund established by section 208.

appropriate professional indemnity insurance arrangements, in relation to a registered health practitioner, means professional indemnity insurance arrangements that comply with an approved registration standard for the health profession in which the practitioner is registered.

approved accreditation standard means an accreditation standard—

(a) approved by a National Board under section 47(3); and

(b) published on the Board’s website under section 47(6).

approved area of practice, for a health profession, means an area of practice approved under section 15 for the profession.

approved program of study, for a health profession or for endorsement of registration in a health profession, means an accredited program of study—

(a) approved under section 49(1) by the National Board established for the health profession; and

(b) included in the list published by the National Agency under section 49(5).

approved qualification—

(a) for a health profession, means a qualification obtained by completing an approved program of study for the profession; and

(b) for endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement.

approved registration standard means a registration standard—

(a) approved by the Ministerial Council under section 12; and

(b) published on the website of the National Board that developed the standard.

Australian legal practitioner means a person who—

(a) is admitted to the legal profession under the law of a State or Territory; and

(b) holds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession.

COAG Agreement means the agreement for a national registration and accreditation scheme for health professions, made on 26 March 2008 between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.

Note.

A copy of the COAG Agreement is available on the National Agency’s website.

co-regulatory authority, for a co-regulatory jurisdiction, means an entity that is declared by the Act applying this Law in the co-regulatory jurisdiction to be a co-regulatory authority for the purposes of this Law.

Note.

See section 6B of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that each Council is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law.

co-regulatory jurisdiction means a participating jurisdiction in which the Act applying this Law declares that the jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8.

Note.

See section 6 of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that this jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8 of the Health Practitioner Regulation National Law. As a consequence, New South Wales is a co-regulatory jurisdiction.

corresponding prior Act means a law of a participating jurisdiction that—

(a) was in force before the day on which the jurisdiction became a participating jurisdiction; and

(b) established an entity having functions that included—

(i) the registration of persons as health practitioners; or

(ii) health, conduct or performance action.

criminal history, of a person, means the following—

(a) every conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law;

(b) every plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence;

(c) every charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law.

criminal history law means a law of a participating jurisdiction that provides that spent or other convictions do not form part of a person’s criminal history and prevents or does not require the disclosure of those convictions.

division, of a health profession, means a part of a health profession for which a Division is included in the National Register kept for the profession.

education provider means—

(a) a university; or

(b) a tertiary education institution, or another institution or organisation, that provides vocational training; or

(c) a specialist medical college or other health profession college.

entity includes a person and an unincorporated body.

exercise a function includes perform a duty.

external accreditation entity means an entity, other than a committee established by a National Board, that exercises an accreditation function.

health assessment means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the person.

health complaints entity means an entity—

(a) that is established by or under an Act of a participating jurisdiction; and

(b) whose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system.

health, conduct or performance action means action that—

(a) a National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8; or

(b) a co-regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co-regulatory jurisdiction, substantially corresponds to a proceeding under Part 8.

health panel

Note.

This definition is not applicable to New South Wales.

health practitioner means an individual who practises a health profession.

health profession means the following professions, and includes a recognised specialty in any of the following professions—

(a) Aboriginal and Torres Strait Islander health practice;

(b) Chinese medicine;

(c) chiropractic;

(d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);

(e) medical;

(f) medical radiation practice;

(g) midwifery;

(ga) nursing;

(h) occupational therapy;

(i) optometry;

(j) osteopathy;

(ja) paramedicine;

(k) pharmacy;

(l) physiotherapy;

(m) podiatry;

(n) psychology.

Note.

See Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions.

health profession agreement has the meaning given by section 26.

health program means a program providing education, prevention, early intervention, treatment or rehabilitation services relating to physical or mental impairments, disabilities, conditions or disorders, including substance abuse or dependence.

health service includes the following services, whether provided as public or private services—

(a) services provided by registered health practitioners;

(b) hospital services;

(c) mental health services;

(d) pharmaceutical services;

(e) ambulance services;

(f) community health services;

(g) health education services;

(h) welfare services necessary to implement any services referred to in paragraphs (a) to (g);

(i) services provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists;

(j) pathology services.

health service provider means a person who provides a health service.

impairment, in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect—

(a) for a registered health practitioner or an applicant for registration in a health profession, the person’s capacity to practise the profession; or

(b) for a student, the student’s capacity to undertake clinical training—

(i) as part of the approved program of study in which the student is enrolled; or

(ii) arranged by an education provider.

local registration authority means an entity having functions under a law of a State or Territory that include the registration of persons as health practitioners.

mandatory notification means a notification an entity is required to make to the National Agency under Division 2 of Part 8.

medical practitioner means a person who is registered under this Law in the medical profession.

Ministerial Council means a body, however described, that consists of the Minister of each participating jurisdiction, and the Commonwealth, who is responsible, or principally responsible, for matters relating to health.

National Agency means the Australian Health Practitioner Regulation Agency established by section 23.

National Board means a National Health Practitioner Board continued or established by regulations made under section 31.

National Register means the Register kept by a National Board under section 222.

national registration and accreditation scheme means the scheme—

(a) referred to in the COAG Agreement; and

(b) established by this Law.

notification means—

(a) a mandatory notification; or

(b) a voluntary notification.

notifier means a person who makes a notification.

NSW provision means—

(a) a provision that forms part of this Law because of a modification made by the Health Practitioner Regulation (Adoption of National Law) Act 2009; or

(b) a NSW regulation.

Note.

This definition is an additional New South Wales provision.

NSW regulation means a regulation made under section 247A.

Note.

This definition is an additional New South Wales provision.

panel

Note.

This definition is not applicable to New South Wales.

participating jurisdiction means a State or Territory—

(a) that is a party to the COAG Agreement; and

(b) in which—

(i) this Law applies as a law of the State or Territory; or

(ii) a law that substantially corresponds to the provisions of this Law has been enacted.

performance and professional standards panel

Note.

This definition is not applicable to New South Wales.

performance assessment

Note.

This definition is not applicable to New South Wales.

police commissioner means the commissioner of the police force or police service of a participating jurisdiction or the Commonwealth.

practice arrangement, between a registered health practitioner or unregistered person, and an entity—

(a) includes—

(i) a contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or

(ii) an agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but

(b) does not include a contract or agreement not directly related to the provision of a health service.

principal place of practice, for a registered health practitioner, means the address declared by the practitioner to be the address—

(a) at which the practitioner is predominantly practising the profession; or

(b) if the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner’s principal place of residence.

professional misconduct

Note.

This definition is not applicable to New South Wales.

program of study means a program of study provided by an education provider.

prohibition order

Note.

This definition is not applicable to New South Wales.

psychologist means a person registered under this Law in the psychology profession.

public health facility includes—

(a) a public hospital; and

(b) a public health, teaching or research facility.

recognised specialty means a specialty in a health profession that has been approved by the Ministerial Council under section 13(2).

registered health practitioner means an individual who—

(a) is registered under this Law to practise a health profession, other than as a student; or

(b) holds non-practising registration under this Law in a health profession.

registration authority means—

(a) a local registration authority; or

(b) an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.

registration standard means a registration standard developed by a National Board under section 38.

registration status, in relation to an applicant for registration, includes—

(a) any undertakings given by the applicant to a registration authority, whether before or after the commencement of this Law; and

(b) any conditions previously imposed on the applicant’s registration by a registration authority, whether before or after the commencement of this Law; and

(c) any decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant’s practice of the profession, whether before or after the commencement of this Law; and

(d) any investigation commenced by a registration authority or a health complaints entity into the applicant’s conduct, performance or possible impairment but not finalised at the time of the application.

relevant action

Note.

This definition is not applicable to New South Wales.

relevant fee, for a service provided by a National Board, means the fee—

(a) set under a health profession agreement between the Board and the National Agency for the service; and

(b) published on the Board’s website under section 26(3).

responsible Minister means a Minister responsible for the administration of this Law in a participating jurisdiction.

responsible tribunal means a tribunal or court that—

(a) is declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction, or

(b) is declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that jurisdiction.

Note.

See section 6C of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that the Civil and Administrative Tribunal is the responsible Tribunal for the purposes of the Health Practitioner Regulation National Law.

review period, for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under section 125, 126 or 127.

scheduled medicine means a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth.

specialist health practitioner means a person registered under this Law in a recognised specialty.

Specialists Register means a register kept by a National Board under section 223.

specialist title, in relation to a recognised specialty, means a title that is approved by the Ministerial Council under section 13 as being a specialist title for that recognised specialty.

State or Territory Board has the meaning given by section 36.

student means a person whose name is entered in a student register as being currently registered under this Law.

student register, for a health profession, means a register kept under section 229 by the National Board established for the profession.

suspension period, in relation to a person’s registration in a health profession, for Subdivision 2 of Division 9 of Part 7, see section 112A.

unprofessional conduct

Note.

This definition is not applicable to New South Wales.

unregistered person means a person who is not registered, or whose registration is suspended, under this Law.

unsatisfactory professional performance

Note.

This definition is not applicable to New South Wales.

voluntary notification means a complaint or other notification made under Part 8, other than a mandatory notification.

s 5: Am 2012 No 39, Sch 1.1 [3] [4]; 2013 No 95, Sch 6.4 [2]; 2017 No 32, sec 4 and Sch 1 sec 1; 2017 No 50, Sch 1 [1] [2]; 2022 No 22, secs 38, 42, 53, 82, 117.

6 Interpretation generally

6 Interpretation generally

Schedule 7 applies in relation to this Law.

7 Single national entity

7 Single national entity

(1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by or under this Law is one single national entity, with functions conferred by this Law as so applied.

(2) An entity established by or under this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.

(3) An entity established by or under this Law may exercise its functions in relation to—

(a) one participating jurisdiction; or

(b) 2 or more or all participating jurisdictions collectively.

(4) In this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.

s 7: Am 2017 No 32, Sch 1 sec 2.

8 Extraterritorial operation of Law

8 Extraterritorial operation of Law

It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following—

(a) things situated in or outside the territorial limits of this jurisdiction;

(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;

(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.

9 Trans-Tasman mutual recognition principle

9 Trans-Tasman mutual recognition principle

This Law does not affect the operation of an Act of a participating jurisdiction providing for the application of the Trans-Tasman mutual recognition principle to occupations.

10 Law binds the State

10 Law binds the State

(1) This Law binds the State.

(2) In this section—

State means the Crown in right of this jurisdiction, and includes—

(a) the Government of this jurisdiction; and

(b) a Minister of the Crown in right of this jurisdiction; and

(c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

Part 2 Ministerial Council

Part 2 Ministerial Council

11 Policy directions

11 Policy directions

(1) The Ministerial Council may give directions to the National Agency about the policies to be applied by the National Agency in exercising its functions under this Law.

(2) The Ministerial Council may give directions to a National Board about the policies to be applied by the National Board in exercising its functions under this Law.

(3) Without limiting subsections (1) and (2), a direction under this section may relate to—

(a) a matter relevant to the policies of the National Agency or a National Board; or

(b) an administrative process of the National Agency or a National Board; or

(c) a procedure of the National Agency or a National Board; or

(d) a particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health profession.

(4) However, the Ministerial Council may give a National Board a direction under subsection (3)(d) only if—

(a) in the Council’s opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and

(b) the Council has first given consideration to the potential impact of the Council’s direction on the quality and safety of health care.

(5) A direction under this section cannot be about—

(a) a particular person; or

(b) a particular qualification; or

(c) a particular application, notification or proceeding.

(6) The National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section.

12 Approval of registration standards

12 Approval of registration standards

(1) The Ministerial Council may approve a registration standard about—

(a) the registration, or renewal of registration, of persons in a health profession; or

(b) the endorsement, or renewal of the endorsement, of the registration of registered health practitioners.

(2) The Ministerial Council may approve a registration standard for a health profession only if—

(a) its approval is recommended by the National Board established for the health profession; and

(b) it does not provide for a matter about which an accreditation standard may provide.

Note.

An accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under Division 3 of Part 6.

(3) The Ministerial Council may, at any time, ask a National Board to review an approved or proposed registration standard for the health profession for which the National Board is established.

(4) The Ministerial Council may delegate any of the Council’s powers under subsection (1) to an entity it considers appropriate to exercise the power.

s 12: Am 2022 No 22, sec 54.

13 Approvals in relation to specialist registration

13 Approvals in relation to specialist registration

(1) The following health professions, or divisions of health professions, are health professions for which specialist recognition operates under this Law—

(a) the medical profession;

(b) the dentists division of the dental profession;

(c) any other health profession approved by the Ministerial Council, on the recommendation of the National Board established for the profession.

(2) If a health profession is a profession for which specialist recognition operates, the Ministerial Council may, on the recommendation of the National Board established for the profession—

(a) approve a list of specialties for the profession; and

(b) approve one or more specialist titles for each specialty in the list.

(3) In making a recommendation to the Ministerial Council for the purposes of subsection (1)(c) or (2), a National Board established for a health profession may have regard to any relevant advice provided by—

(a) an accreditation authority for the profession; or

(b) a specialist college for the profession.

(4) The Ministerial Council may provide guidance to a National Board established for a health profession for which specialist recognition will operate in relation to the criteria for the approval of specialties for the profession by the Council.

14 Approval of endorsement in relation to scheduled medicines

14 Approval of endorsement in relation to scheduled medicines

(1) The Ministerial Council may, on the recommendation of a National Board, decide that the Board may endorse the registration of health practitioners practising a profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines.

Note.

See section 94 which provides for the endorsement of health practitioners’ registration in relation to scheduled medicines.

(2) An approval under subsection (1) is to specify—

(a) the class of health practitioners registered by the Board to which the approval relates; and

(b) whether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and

(c) whether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines.

s 14: Am 2017 No 32, Sch 1 sec 3.

15 Approval of areas of practice for purposes of endorsement

15 Approval of areas of practice for purposes of endorsement

The Ministerial Council may, on the recommendation of a National Board, approve an area of practice in a health profession for which the Board is established as being an area of practice for which the registration of a health practitioner registered in the profession may be endorsed.

Note.

See section 98 which provides for the endorsement of health practitioners’ registration in relation to approved areas of practice.

s 15: Am 2017 No 32, Sch 1 sec 4.

16 How Ministerial Council exercises functions

16 How Ministerial Council exercises functions

(1) The Ministerial Council is to give a direction or approval, or make a recommendation, request or appointment, for the purposes of a provision of this Law by resolution of the Council passed in accordance with procedures determined by the Council.

(2) An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.

17 Notification and publication of directions and approvals

17 Notification and publication of directions and approvals

(1) A copy of any direction given by the Ministerial Council to the National Agency—

(a) is to be given to the Chairperson of the Agency Board; and

(b) must be published by the National Agency on its website as soon as practicable after being received by the Chairperson.

(2) A copy of a direction or approval given by the Ministerial Council to a National Board—

(a) is to be given to the Chairperson of the National Board; and

(b) if the direction is given under section 11(3)(d), is to include reasons for the direction; and

(c) must be published by the National Board on its website as soon as practicable after being received by the Chairperson.

(3) A copy of a direction or approval given by the Ministerial Council to the National Agency or to a National Board is to be published in the annual report of the National Agency.

s 17: Am 2022 No 22, sec 43.

Part 3

Part 3

18–22 (Repealed)

pt 3: Rep 2022 No 22, sec 39.

s 18: Rep 2022 No 22, sec 39.

s 19: Rep 2022 No 22, sec 39.

s 20: Rep 2022 No 22, sec 39.

s 21: Rep 2022 No 22, sec 39.

s 22: Rep 2022 No 22, sec 39.

Part 4 Australian Health Practitioner Regulation Agency

Part 4 Australian Health Practitioner Regulation Agency

Division 1 National Agency

Division 1 National Agency

23 National Agency

23 National Agency

(1) The Australian Health Practitioner Regulation Agency is established.

(2) The National Agency—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued in its corporate name.

(3) The National Agency represents the State.

(4) Schedule 3 sets out provisions relating to the National Agency.

24 General powers of National Agency

24 General powers of National Agency

The National Agency has all the powers of an individual and, in particular, may—

(a) enter into contracts; and

(b) acquire, hold, dispose of, and deal with, real and personal property; and

(c) do anything necessary or convenient to be done in the exercise of its functions.

25 Functions of National Agency

25 Functions of National Agency

The functions of the National Agency are as follows—

(a) to provide administrative assistance and support to the National Boards, and the Boards’ committees, in exercising their functions;

(b) in consultation with the National Boards, to develop and administer procedures for the purpose of ensuring the efficient and effective operation of the National Boards;

(c) to establish procedures for the development of accreditation standards, registration standards and codes and guidelines approved by National Boards, for the purpose of ensuring the national registration and accreditation scheme operates in accordance with good regulatory practice;

(d) to negotiate in good faith with, and attempt to come to an agreement with, each National Board on the terms of a health profession agreement;

(e) to establish and administer an efficient procedure for receiving and dealing with applications for registration as a health practitioner and other matters relating to the registration of registered health practitioners;

(f) in conjunction with the National Boards, to keep up-to-date and publicly accessible national registers of registered health practitioners for each health profession;

(g) in conjunction with the National Boards, to keep up-to-date national registers of students for each health profession;

(h) to keep an up-to-date and publicly accessible list of approved programs of study for each health profession;

(i) to establish an efficient procedure for receiving and dealing with notifications against persons who are or were registered health practitioners and persons who are students, including by establishing a national process for receiving notifications about registered health practitioners in all professions;

(j) to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme;

(k) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the administration of the national registration and accreditation scheme;

(ka) to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;

(l) any other function given to the National Agency by or under this Law.

s 25: Am 2022 No 22, sec 52.

26 Health profession agreements

26 Health profession agreements

(1) The National Agency must enter into an agreement (a health profession agreement) with a National Board that makes provision for the following—

(a) the fees that will be payable under this Law by health practitioners and others in respect of a health profession for which the Board is established (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment);

(b) the annual budget of the National Board (including the funding arrangements for its committees and accreditation authorities);

(c) the services to be provided to the National Board by the National Agency to enable the National Board to carry out its functions under this Law.

(2) If the National Agency and a National Board are unable to agree on a matter relating to a health profession agreement or a proposed health profession agreement, the Ministerial Council may give directions to the National Agency and National Board about how the dispute is to be resolved.

(3) Each National Board must publish on its website the fees for which provision has been made in a health profession agreement between the Board and the National Agency.

s 26: Am 2017 No 32, Sch 1 sec 5.

26A Setting of fees in health profession agreements [NSW]

26A Setting of fees in health profession agreements [NSW]

(1) For the purposes of section 26, if the Ministerial Council gives a fees policy direction that provides a registration fee is to separately identify a registration and accreditation element and a complaints element, the amount of the complaints element for registration fees payable by NSW health practitioners for a particular health profession is to be decided by the Council established for that profession, with the approval of the Minister.

Note.

The Ministerial Council gave a fees policy direction on 13 November 2009 that provided that the registration fees payable under this Law were to separately identify the registration and accreditation elements and the complaints element of the fees.

(2) In this section—

complaints element means a component for the costs of operating the health, performance and conduct process under Part 8.

fees policy direction means a direction given to the National Agency and the National Boards about the policies to be applied in entering into a health profession agreement about registration fees.

NSW health practitioner means—

(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.

registration fee means a relevant fee payable by a health practitioner for registration or renewal of registration under this Law.

Note.

This section is an additional New South Wales provision.

27 Co-operation with participating jurisdictions and Commonwealth

27 Co-operation with participating jurisdictions and Commonwealth

(1) The National Agency may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—

(a) a government agency of a participating jurisdiction or of the Commonwealth;

(b) a local registration authority;

(c) a co-regulatory authority;

(d) a health complaints entity;

(e) an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.

(2) In particular, the National Agency may—

(a) ask an entity referred to in subsection (1) for information that the Agency requires to exercise its functions under this Law; and

(b) use the information to exercise its functions under this Law.

(3) An entity referred to in subsection (1) that receives a request for information from the National Agency is authorised to give the information to the National Agency.

28 Office of National Agency

28 Office of National Agency

(1) The National Agency is to establish a national office.

(2) The National Agency is also to establish at least one local office in each participating jurisdiction.

Division 2 Agency Board

Division 2 Agency Board

pt 4, div 2, hdg: Subst 2022 No 22, sec 44.

29 Agency Board

29 Agency Board

(1) The Australian Health Practitioner Regulation Agency Board is established.

(2) The Agency Board is to consist of at least 5 members appointed by the Ministerial Council.

(3) Of the members—

(a) one is to be a person appointed by the Ministerial Council as Chairperson, being a person who—

(i) is not a registered health practitioner; and

(ii) has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and

(b) at least 2 others are to be persons who have expertise in health, or education and training, or both; and

(c) at least 2 others are to be persons who are not current or former registered health practitioners and who have business or administrative expertise.

(4) Schedule 2 sets out provisions relating to the Agency Board.

s 29: Am 2022 No 22, sec 45.

30 Functions of Agency Board

30 Functions of Agency Board

(1) The functions of the Agency Board are as follows—

(a) subject to any directions of the Ministerial Council, to decide the policies of the National Agency;

(b) to ensure that the National Agency performs its functions in a proper, effective and efficient way;

(c) any other function given to the Board by or under this Law.

(2) The affairs of the National Agency are to be controlled by the Agency Board and all acts and things done in the name of, or on behalf of, the National Agency by or with the authority of the Agency Board are taken to have been done by the National Agency.

s 30: Am 2022 No 22, sec 46.

Part 5 National Boards

Part 5 National Boards

31 Regulations must provide for National Boards

31 Regulations must provide for National Boards

(1) The regulations must provide for a National Health Practitioner Board for each health profession.

(2) The regulations may—

(a) continue an existing Board for a health profession; or

(b) establish a Board for a health profession or for 2 or more health professions; or

(c) dissolve a Board for a health profession (the dissolved Board) if another Board is established for that health profession (the replacement Board).

(3) The regulations may provide for anything for which it is necessary or convenient to make provision to allow, facilitate or provide for the following—

(a) the continuation, establishment or dissolution of a Board under subsection (2);

(b) the completion of a matter started by the existing Board before the commencement;

(c) the effect of anything done by an existing Board before the commencement;

(d) the transfer of matters from a dissolved Board to a replacement Board.

(4) Before a regulation is made under subsection (2)(b) or (c), the Ministers comprising the Ministerial Council must undertake public consultation on the proposed regulation.

(5) However, failure to comply with subsection (4) does not affect the validity of the regulation.

(6) In this section—

existing Boardmeans a National Health Practitioner Board in existence immediately before the commencement.

s 31: Subst 2017 No 32, sec 5.

31A Status of National Board

31A Status of National Board

(1) A National Board—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued in its corporate name.

(2) A National Board represents the State.

s 31A: Ins 2017 No 32, sec 5.

32 Powers of National Board

32 Powers of National Board

(1) Subject to subsection (2), a National Board has the powers necessary to enable it to exercise its functions.

(2) A National Board does not have power to—

(a) enter into contracts; or

(b) employ staff; or

(c) acquire, hold, dispose of, and deal with, real property.

(3) The National Board may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—

(a) a government agency of a participating jurisdiction or of the Commonwealth;

(b) a local registration authority;

(c) a co-regulatory authority;

(d) a health complaints entity;

(e) an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.

(4) In particular, the National Board may—

(a) ask an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and

(b) use the information to exercise its functions under this Law.

(5) An entity referred to in subsection (3) that receives a request for information from the National Board is authorised to give the information to the National Board.

33 Membership of National Boards

33 Membership of National Boards

(1) A National Board is to consist of members appointed in writing by the Ministerial Council.

(2) Members of a National Board are to be appointed as practitioner members or community members.

(3) Subject to this section, the Ministerial Council may decide the size and composition of a National Board.

(4) At least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members.

(5) The practitioner members of a National Board must consist of—

(a) at least one member from each large participating jurisdiction; and

(b) at least one member from a small participating jurisdiction;

(c) if the National Board is established for 2 or more health professions—at least one member of each health profession for which the Board is established.

(6) At least 2 of the members of a National Board must be persons appointed as community members.

(7) At least one of the members of a National Board must live in a regional or rural area.

(8) A person cannot be appointed as a member of a National Board if the person is a member of the Agency Board.

(9) One of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council.

(9A) The regulations may prescribe matters relating to the composition of practitioner members for a National Board established for 2 or more health professions.

(10) Schedule 4 sets out provisions relating to a National Board.

(11) In this section—

large participating jurisdiction means any of the following States that is a participating jurisdiction—

(a) New South Wales;

(b) Queensland;

(c) South Australia;

(d) Victoria;

(e) Western Australia.

small participating jurisdiction means any of the following States or Territories that is a participating jurisdiction—

(a) the Australian Capital Territory;

(b) the Northern Territory;

(c) Tasmania.

s 33: Am 2017 No 32, sec 6; 2022 No 22, sec 47.

34 Eligibility for appointment

34 Eligibility for appointment

(1) In deciding whether to appoint a person as a member of a National Board, the Ministerial Council is to have regard to the skills and experience of the person that are relevant to the Board’s functions.

(2) A person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in a health profession for which the Board is established.

(3) A person is eligible to be appointed as a community member only if the person is not, and has not at any time been, a health practitioner in a health profession for which the Board is established.

(4) A person is not eligible to be appointed as a member of a National Board if—

(a) in the case of appointment as a practitioner member—the person has, whether before or after the commencement of this Law, as a result of the person’s misconduct, impairment or incompetence, ceased to be registered as a health practitioner in a health profession for which the Board is established; or

(b) in any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member.

s 34: Am 2017 No 32, sec 7.

35 Functions of National Boards

35 Functions of National Boards

(1) The functions of a National Board established for a health profession are as follows—

(a) to register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession;

(b) to decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession;

(c) to develop or approve standards, codes and guidelines for the health profession, including—

(i) the approval of accreditation standards developed and submitted to it by an accreditation authority; and

(ii) the development of registration standards for approval by the Ministerial Council; and

(iii) the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession;

(d) to approve accredited programs of study as providing qualifications for registration or endorsement in the health profession;

(e) to oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia;

(f) to negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement;

(g) to oversee the receipt, assessment and investigation of notifications about persons who—

(i) are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or

(ii) are students in the health profession;

(h) to establish panels to conduct hearings about—

(i) health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and

(ii) health matters in relation to students registered by the Board;

(i) to refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions;

(j) to oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students;

(k) to make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession;

(l) in conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession;

(m) in conjunction with the National Agency, to keep an up-to-date national register of students for the health profession;

(n) at the Board’s discretion, to provide financial or other support for health programs for registered health practitioners and students;

(o) to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession;

(p) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme;

(q) to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;

(r) any other function given to the Board by or under this Law.

(2) For the purposes of subsection (1)(g)–(j), the Board’s functions do not include receiving notifications and taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction.

s 35: Am 2022 No 22, sec 118.

36 State and Territory Boards

36 State and Territory Boards

(1) A National Board may establish a committee (a State or Territory Board) for a participating jurisdiction to enable the Board to exercise its functions in the jurisdiction in a way that provides an effective and timely local response to health practitioners and other persons in the jurisdiction.

(2) A State or Territory Board is to be known as the “[Name of participating jurisdiction for which it is established] Board” of the National Board.

(3) The members of a State or Territory Board are to be appointed by the responsible Minister for the participating jurisdiction.

Example.

(a) The Pharmacy Board of Australia decides to establish a State or Territory Board for New South Wales. The State or Territory Board will be known as the New South Wales Board of the Pharmacy Board of Australia. The members of the State or Territory Board will be appointed by the responsible Minister for New South Wales.

(b) The Podiatry Board of Australia decides to establish a State or Territory Board for Queensland and the Northern Territory. The State or Territory Board will be known as the Queensland and Northern Territory Board of the Podiatry Board of Australia. The members of the State or Territory Board will be appointed jointly by the responsible Ministers for Queensland and the Northern Territory.

(4) In deciding whether to appoint a person as a member of a State or Territory Board, the responsible Minister is to have regard to the skills and experience of the person that are relevant to the Board’s functions.

(5) At least half, but not more than two-thirds, of the members of a State or Territory Board must be persons appointed as practitioner members.

(6) At least 2 of the members of a State or Territory Board must be persons appointed as community members.

Note.

See section 299 which provides that subsections (5) and (6) do not apply to a State or Territory Board for a jurisdiction for the first 12 months after the jurisdiction becomes a participating jurisdiction.

(7) Before a responsible Minister appoints a member of a State or Territory Board the vacancy to be filled is to be publicly advertised.

(8) The National Agency may assist a responsible Minister in the process of appointing members of a State or Territory Board, including in the advertising of vacancies.

(9) It is not necessary to advertise a vacancy in the membership of a State or Territory Board before appointing a person to act in the office of a member.

Note.

The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a State or Territory Board.

(10) This section does not limit clause 11 of Schedule 4.

Note.

Clause 11 of Schedule 4 confers power for the establishment of other committees.

37 Delegation of functions

37 Delegation of functions

(1) A National Board may delegate any of its functions, other than this power of delegation, to—

(a) a committee; or

(b) the National Agency; or

(c) a member of the staff of the National Agency; or

(d) a person engaged as a contractor by the National Agency.

(2) The National Agency may subdelegate any function delegated to the National Agency by a National Board to a member of the staff of the National Agency.

Division 3 Registration standards and codes and guidelines

Division 3 Registration standards and codes and guidelines

38 National board must develop registration standards

38 National board must develop registration standards

(1) A National Board must develop and recommend to the Ministerial Council one or more registration standards about the following matters for a health profession for which the Board is established—

(a) requirements for professional indemnity insurance arrangements for registered health practitioners registered in the profession;

(b) matters about the criminal history of applicants for registration in the profession, and registered health practitioners and students registered in a health profession for which the Board is established, including, the matters to be considered in deciding whether an individual’s criminal history is relevant to the practice of the profession;

(c) requirements for continuing professional development for registered health practitioners registered in the profession;

(d) requirements about the English language skills necessary for an applicant for registration in the profession to be suitable for registration in the profession;

(e) requirements in relation to the nature, extent, period and recency of any previous practice of the profession by applicants for registration in the profession.

(2) Subject to subsection (3), a National Board may also develop, and recommend to the Ministerial Council, one or more registration standards about the following—

(a) the physical and mental health of—

(i) applicants for registration in the profession; and

(ii) registered health practitioners and students;

(b) the scope of practice of health practitioners registered in the profession;

(c) any other issue relevant to the eligibility of individuals for registration in the profession or the suitability of individuals to competently and safely practise the profession.

(3) A registration standard may not be about a matter for which an accreditation standard may provide.

Note.

An accreditation standard for a health profession is used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession. Accreditation standards are developed and approved under Division 3 of Part 6.

s 38: Am 2017 No 32, Sch 1 secs 6, 7.

39 Codes and guidelines

39 Codes and guidelines

A National Board may develop and approve codes and guidelines—

(a) to provide guidance to the health practitioners it registers; and

(b) about other matters relevant to the exercise of its functions.

Examples.

s 39: Am 2017 No 32, sec 8.

40 Consultation about registration standards, codes and guidelines

40 Consultation about registration standards, codes and guidelines

(1) If a National Board develops a registration standard or a code or guideline, it must ensure there is wide-ranging consultation about its content.

(2) A contravention of subsection (1) does not invalidate a registration standard, code or guideline.

(3) The following must be published on a National Board’s website—

(a) a registration standard developed by the Board and approved by the Ministerial Council;

(b) a code or guideline approved by the National Board.

(4) An approved registration standard or a code or guideline takes effect—

(a) on the day it is published on the National Board’s website; or

(b) if a later day is stated in the registration standard, code or guideline, on that day.

41 Use of registration standards, codes or guidelines in disciplinary proceedings

41 Use of registration standards, codes or guidelines in disciplinary proceedings

An approved registration standard for a health profession, or a code or guideline approved by a National Board, is admissible in proceedings under this Law or a law of a co-regulatory jurisdiction against a health practitioner registered in a health profession for which the Board is established as evidence of what constitutes appropriate professional conduct or practice for the health profession.

s 41: Am 2017 No 32, Sch 1 sec 8.

Part 5A New South Wales Councils [NSW]

Part 5A New South Wales Councils [NSW]

Note.

This Part is an additional New South Wales provision.

41A Definitions [NSW]

41A Definitions [NSW]

In this Part—

Council means a Council established under section 41B.

Executive Officer means the Executive Officer of a Council.

NSW regulation means a regulation made under section 247A.

41B Establishment of Councils [NSW]

41B Establishment of Councils [NSW]

(1) Each of the following Councils is established for the health profession listed beside that Council in the following Table—

Table—State Councils

| Name of Council | Health profession | | Aboriginal and Torres Strait Islander Health Practice Council of New South Wales | Aboriginal and Torres Strait Islander health practice | | Chinese Medicine Council of New South Wales | Chinese medicine | | Chiropractic Council of New South Wales | chiropractic | | Dental Council of New South Wales | dental (including the profession of a dentist, dental hygienist, dental prosthetist, dental therapist or oral health therapist) | | Medical Council of New South Wales | medical | | Medical Radiation Practice Council of New South Wales | medical radiation practice | | Nursing and Midwifery Council of New South Wales | nursing and midwifery | | Occupational Therapy Council of New South Wales | occupational therapy | | Optometry Council of New South Wales | optometry | | Osteopathy Council of New South Wales | osteopathy | | Paramedicine Council of New South Wales | paramedicine | | Pharmacy Council of New South Wales | pharmacy | | Physiotherapy Council of New South Wales | physiotherapy | | Podiatry Council of New South Wales | podiatry | | Psychology Council of New South Wales | psychology |

(2) The Governor may, by order published on the NSW legislation website, amend the Table to subsection (1) by inserting, altering or omitting the name of a Council or health profession.

(3) A Council—

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued.

s 41B: Am 2012 (32), Sch 1 [1]; 2017 No 50, Sch 1 [3].

41C General powers of Councils [NSW]

41C General powers of Councils [NSW]

(1) A Council has all the powers of an individual and, in particular, may do anything necessary or convenient to be done in the exercise of its functions.

(2) However, a Council cannot employ staff.

41D Functions of Councils [NSW]

41D Functions of Councils [NSW]

A Council has and may exercise the functions conferred or imposed on it by or under this Law or another Act.

41DA Ministerial control [NSW]

41DA Ministerial control [NSW]

A Council is subject to the control and direction of the Minister, except in relation to—

(a) the assessment or management of a complaint about a registered health practitioner or a student, including a decision to refer a complaint to a committee or the Tribunal; and

(b) the assessment or management of a registered health practitioner or student who was or is the subject of a complaint or whose registration is subject to a condition, including a decision to refer a matter concerning the practitioner or student to the Tribunal; and

(c) the terms of a recommendation by the Council; and

(d) the contents of a report of the Council.

s 41DA: Ins 2020 No 32, Sch 2[1].

41E Membership of Councils [NSW]

41E Membership of Councils [NSW]

Each Council consists of the members prescribed by the NSW regulations.

s 41E: Subst 2016 No 4, Sch 1 [1].

41F Committees [NSW]

41F Committees [NSW]

(1) A Council may establish committees to assist it in connection with the exercise of any of its functions.

(2) The members of a committee need not be members of the Council.

(3) The procedure for the calling of meetings of a committee and for the conduct of business at the meetings is—

(a) as decided by the Council; or

(b) subject to a decision of the Council, as decided by the committee.

41G Councils’ complaint functions may be exercised by 2 or more members [NSW]

41G Councils’ complaint functions may be exercised by 2 or more members [NSW]

(1) A Council may appoint any 2 or more members of the Council to exercise the functions of the Council under Division 3 of Part 8.

(2) The referral of a complaint by the members appointed is taken to be a referral by the Council.

41H Annual reporting information [NSW]

41H Annual reporting information [NSW]

(1) The annual reporting information prepared for a Council under the Government Sector Finance Act 2018 must include particulars of the following for the annual reporting period to which it relates—

(a) all complaints received by the Council during the period or received by the Council before that period but which, in the Council’s opinion had not, at the start of the period, been finally disposed of;

(b) the action taken during the period in relation to complaints received by the Council and the results of that action up to the end of that period;

(c) all matters referred to a Performance Review Panel for performance review during the period, or referred to a Panel before the period but which, in the Council’s opinion had not, at the start of the period, been finally disposed of;

(d) the results of all performance reviews conducted by Performance Review Panels that were finally disposed of during the period.

(2) Two or more Councils may decide to prepare joint annual reporting information under the Government Sector Finance Act 2018.

(3) This section does not require the identity of a complainant, a person who notifies a professional performance matter to a Council, a person about whom a complaint is made or who is the subject of a performance review or any other person to be disclosed in annual reporting information.

s 41H: Subst 2018 No 70, Sch 4.47[3].

41I Information to be made available to public [NSW]

41I Information to be made available to public [NSW]

(1) A Council for a health profession must ensure the following information, in relation to a registered health practitioner registered in the profession, is made available to the public on request—

(a) any conditions imposed on the registration of the practitioner;

(b) any other order made in respect of the practitioner under this Law.

(2) Without limiting subsection (1), the Council is taken to have complied with that subsection if the information is available on the Register kept by the National Board for the health profession.

(3) This section does not require a Council to disclose anything the Council considers relates solely or principally to the physical or mental capacity of a person to practise the person’s profession.

41J Delegation by Council and Executive Officer [NSW]

41J Delegation by Council and Executive Officer [NSW]

(1) A Council may delegate to a person the exercise of any of its functions, other than this power of delegation.

(2) An Executive Officer of a Council may delegate to a person the exercise of—

(a) any of the functions of the Executive Officer under this Law, other than this power of delegation; or

(b) any functions delegated to the Executive Officer by the Council, unless the Council otherwise provides in its instrument of delegation to the Executive Officer.

(3) In this section, a reference to a person includes a reference to a group of persons, including a committee.

41K Service of documents on Councils [NSW]

41K Service of documents on Councils [NSW]

(1) A document (other than a complaint made under Part 8) may be served on a Council by leaving it at or sending it by post to an office of the Council.

(2) This does not affect the operation of any provision of a law or of the rules of a court authorising a document to be served on a Council in another way.

41L Authentication of certain documents [NSW]

41L Authentication of certain documents [NSW]

A certificate, summons, process, demand, order, notice, statement, direction or other document requiring authentication by a Council may be sufficiently authenticated without the seal of the Council if signed by—

(a) the President or the Executive Officer of the Council; or

(b) an officer of the Council authorised to do so by the Executive Officer.

41M Recovery of charges, fines, fees and other money by Councils [NSW]

41M Recovery of charges, fines, fees and other money by Councils [NSW]

A charge, fine, fee or other money due to a Council may be recovered by the Council as a debt in a court of competent jurisdiction.

41N Proof of certain matters not required [NSW]

41N Proof of certain matters not required [NSW]

In any legal proceedings, proof is not required (until evidence is given to the contrary) of—

(a) the establishment of a Council; or

(b) any resolution of a Council; or

(c) the appointment of, or the holding of office by, a member of a Council; or

(d) the presence of a quorum at a meeting of a Council.

41NA Special provisions relating to non-financially viable Councils [NSW]

41NA Special provisions relating to non-financially viable Councils [NSW]

(1) The Minister may, if satisfied that a Council is not financially viable, make either or both of the following directions—

(a) a direction in writing to the Council that the Council delegate such of its functions as are specified in the direction to another Council, or to a person, designated by the Minister in the direction;

(b) a direction in writing to the Executive Officer of the Council that the Executive Officer delegate such of the Executive Officer’s functions as are specified in the direction to a person designated by the Minister in the direction.

The Council or Executive Officer must comply with any such direction.

(2) The NSW regulations may modify the functions of a Council (including modification of any of the Council’s auditing or reporting requirements) as a consequence of—

(a) any direction under subsection (1), or

(b) the financial non-viability of the Council.

(3) Any such regulation may not be made in relation to a Council unless the Minister has certified that, in the opinion of the Minister, the Council is not financially viable.

(4) Any direction by the Minister under subsection (1) is to be made publicly available.

s 41NA: Ins 2016 No 4, Sch 1 [2].

41O Other matters to be taken into account [NSW]

41O Other matters to be taken into account [NSW]

In the exercise of any of its functions under Part 8 with respect to a complaint about a registered health practitioner or a student, a Council must have regard to any of the following matters, to the extent the Council reasonably considers the matter to be relevant to the complaint—

(a) another complaint or notification about the practitioner or student made to the Council or the National Agency, or made to a former Board under a repealed Act, including a complaint—

(i) in respect of which the Council, the Commission or a National Board has decided no further action should be taken; and

(ii) that is not required to be referred, or that the Council or the Commission decides not to refer, under Division 3 of Part 8;

(b) a previous finding or decision of a Council inquiry in relation to the practitioner or student;

(c) a previous finding or decision of a board inquiry, professional standards committee or a tribunal established under a repealed Act in respect of the practitioner or student;

(d) a written report made by an assessor following an assessment of the practitioner’s professional performance;

(e) a recommendation made, or written statement of decision on a performance review provided, by a Performance Review Panel in relation to the practitioner.

s 41O: Am 2020 No 32, Sch 1[2].

41P Exercise of functions with consent [NSW]

41P Exercise of functions with consent [NSW]

(1) A Council may exercise any of its functions under this Law with respect to a registered health practitioner or student with the written consent of the practitioner or student.

(2) A function exercised by the Council with the consent of the registered health practitioner or student may be exercised even though a condition otherwise required to be met or procedures otherwise required to be followed before its exercise have not been met or followed.

(3) If the registered health practitioner or student withdraws the practitioner’s or student’s consent, the Council must take the action necessary to give effect to the withdrawal.

Division 4 Administration [NSW]

Division 4 Administration [NSW]

41Q Executive Officer [NSW]

41Q Executive Officer [NSW]

(1) There is an Executive Officer of each Council.

(2) The Executive Officer—

(a) is responsible, as the chief executive officer of the Council, for the management of the affairs of the Council subject to any directions of the Council; and

(b) has and may exercise other functions conferred or imposed on the Executive Officer by or under this Law or any other Act.

(3) The Executive Officer of a Council must keep a record of—

(a) all proceedings and decisions of Committees to which the Council refers matters; and

(b) (Repealed)

(c) all inquiries held by the Council.

s 41Q: Am 2013 No 95, Sch 6.4 [3].

Division 5 Finance [NSW]

Division 5 Finance [NSW]

41R Financial provisions [NSW]

41R Financial provisions [NSW]

The Executive Officer of a Council must give to the Health Administration Corporation constituted under the Health Administration Act 1982, for payment into an account established under section 13A of that Act, all money received by the Council.

41S Education and Research Account [NSW]

41S Education and Research Account [NSW]

(1) A Council may establish an account named the ‘[name of Council] Education and Research Account’.

(2) The Council must pay into its Education and Research Account the amounts decided by the Minister from time to time.

(3) The Minister may not decide an amount under this section without first consulting with the Council.

(4) Money in the Education and Research Account may be expended by the Council for or towards the following purposes—

(a) any purpose relating to education and research about the health, performance and conduct of registered health practitioners or students registered in the health profession for which the Council is established;

(b) meeting administrative expenditure incurred with respect to the Education and Research Account and the purposes for which it is used.

(5) An expenditure of money under this section must not be made unless it is authorised by a resolution of the Council supported by two-thirds of the members of the Council.

41T Medical Council to pay expenses of Medical Services Committee [NSW]

41T Medical Council to pay expenses of Medical Services Committee [NSW]

The reasonable expenses of the Medical Services Committee established under the Health Administration Act 1982 are to be paid out of the account established under section 13A of that Act for the Medical Council of New South Wales.

Part 6 Accreditation

Part 6 Accreditation

42 Definition

42 Definition

In this Part—

accreditation function means—

(a) developing accreditation standards for approval by a National Board; or

(b) assessing programs of study, and the education providers that provide the programs of study, to determine whether the programs meet approved accreditation standards; or

(c) assessing authorities in other countries who conduct examinations for registration in a health profession, or accredit programs of study relevant to registration in a health profession, to decide whether persons who successfully complete the examinations or programs of study conducted or accredited by the authorities have the knowledge, clinical skills and professional attributes necessary to practise the profession in Australia; or

(d) overseeing the assessment of the knowledge, clinical skills and professional attributes of overseas qualified health practitioners who are seeking registration in a health profession under this Law and whose qualifications are not approved qualifications for the health profession; or

(e) making recommendations and giving advice to a National Board about a matter referred to in paragraph (a), (b), (c) or (d).

43 Accreditation authority to be decided

43 Accreditation authority to be decided

(1) The National Board established for a health profession must decide whether an accreditation function for the health profession for which the Board is established is to be exercised by—

(a) an external accreditation entity; or

(b) a committee established by the Board.

Note.

See sections 253 and 301 which provide for the performance of accreditation functions for a health profession by external accreditation authorities appointed by the Ministerial Council for a period after the commencement of this Law.

(2) The National Agency may charge an entity the relevant fee for the exercise of an accreditation function by an accreditation committee.

44 National Agency may enter into contracts with external accreditation entities

44 National Agency may enter into contracts with external accreditation entities

The National Agency may enter into a contract with an external accreditation entity for the performance by the entity of an accreditation function for a health profession only if the terms of the contract are in accordance with the health profession agreement between the National Agency and the National Board established for that profession.

45 Accreditation processes to be published

45 Accreditation processes to be published

Each accreditation authority must publish on its website or, if the authority is an accreditation committee, the website of the National Board that established the committee, how it will exercise its accreditation function.

46 Development of accreditation standards

46 Development of accreditation standards

(1) An accreditation standard for a health profession may be developed by—

(a) an external accreditation entity for the health profession; or

(b) an accreditation committee established by the National Board established for the health profession.

(2) In developing an accreditation standard for a health profession, an accreditation authority must undertake wide-ranging consultation about the content of the standard.

47 Approval of accreditation standards

47 Approval of accreditation standards

(1) An accreditation authority must, as soon as practicable after developing an accreditation standard for a health profession, submit it to the National Board established for the health profession.

(2) As soon as practicable after a National Board receives an accreditation standard under subsection (1), the Board must decide to—

(a) approve the accreditation standard; or

(b) refuse to approve the accreditation standard; or

(c) ask the accreditation authority to review the standard.

(3) If the National Board decides to approve the accreditation standard it must give written notice of the approval to—

(a) the National Agency; and

(b) the accreditation authority that submitted the standard to the Board.

(4) If the National Board decides to refuse to approve the accreditation standard—

(a) it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the standard; and

(b) the accreditation authority is entitled to publish any information or advice it gave the Board about the standard.

(5) If the National Board decides to ask the accreditation authority to review the standard it must give the authority a written notice that—

(a) states that the authority is being asked to review the standard; and

(b) identifies the matters the authority is to address before again submitting the standard to the Board.

(6) An accreditation standard approved by a National Board must be published on its website.

(7) An accreditation standard takes effect—

(a) on the day it is published on the National Board’s website; or

(b) if a later day is stated in the standard, on that day.

48 Accreditation of programs of study

48 Accreditation of programs of study

(1) An accreditation authority for a health profession may accredit a program of study if, after assessing the program, the authority is reasonably satisfied—

(a) the program of study, and the education provider that provides the program of study, meet an approved accreditation standard for the profession; or

(b) the program of study, and the education provider that provides the program of study, substantially meet an approved accreditation standard for the profession and the imposition of conditions on the approval will ensure the program meets the standard within a reasonable time.

(2) If the accreditation authority decides to accredit a program of study, with or without conditions, it must give to the National Board established for the health profession a report about the authority’s accreditation of the program.

(3) If the accreditation authority decides to refuse to accredit a program of study it must give written notice of the decision to the education provider that provides the program of study.

(4) The notice must state—

(a) the reasons for the decision; and

(b) that, within 30 days after receiving the notice, the education provider may apply to the accreditation authority for an internal review of the decision; and

(c) how the education provider may apply for the review.

(5) An education provider given a notice under subsection (3) may apply, as stated in the notice, for an internal review of the accreditation authority’s decision to refuse to accredit the program of study.

(6) The internal review must not be carried out by a person who assessed the program of study for the accreditation authority.

49 Approval of accredited programs of study

49 Approval of accredited programs of study

(1) If a National Board is given a report by an accreditation authority about the authority’s accreditation of a program of study, the Board may approve, or refuse to approve, the accredited program of study as providing a qualification for the purposes of registration in a health profession for which the Board is established.

(2) An approval under subsection (1) may be granted subject to the conditions the National Board considers necessary or desirable in the circumstances.

(3) If the National Board decides to approve the accredited program of study it must give written notice of the approval to—

(a) the National Agency for inclusion of the program of study in the list under subsection (5); and

(b) the accreditation authority that submitted the program to the Board.

(4) If the National Board decides to refuse to approve the accredited program of study—

(a) it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the program; and

(b) the accreditation authority is entitled to publish any information or advice it gave the Board about the program.

(5) A list of the programs of study approved by a National Board as providing a qualification for registration in a health profession for which the Board is established must be published on the National Agency’s website.

(6) The list of approved programs of study published under subsection (5) must include, for each program of study, the name of the university, specialist medical or other college or other education provider that provides the approved program of study.

(7) An approval under subsection (1) does not take effect until the program of study is included in the list published under subsection (5).

s 49: Am 2017 No 32, Sch 1 sec 9.

50 Accreditation authority to monitor approved programs of study

50 Accreditation authority to monitor approved programs of study

(1) The accreditation authority that accredited an approved program of study must monitor the program and the education provider that provides the program to ensure the authority continues to be satisfied the program and provider meet an approved accreditation standard for the health profession.

(2) If the accreditation authority reasonably believes the program of study and education provider no longer meet an approved accreditation standard for the health profession, the accreditation authority must—

(a) decide to—

(i) impose the conditions on the accreditation that the accreditation authority considers necessary to ensure the program of study will meet the standard within a reasonable time; or

(ii) revoke the accreditation of the program of study; and

(b) give the National Board that approved the accredited program of study written notice of the accreditation authority’s decision.

51 Changes to approval of program of study

51 Changes to approval of program of study

(1) If a National Board is given notice under section 50(2)(b) that an accreditation authority has revoked the accreditation of a program of study approved by the Board, the Board’s approval of the program is taken to have been cancelled at the same time the accreditation was revoked.

(2) If a National Board reasonably believes, because of a notice given to the Board under section 50(2)(b) or for any other reason, that an accredited program of study approved by the Board no longer provides a qualification for the purposes of registration in a health profession for which the Board is established, the Board may decide to—

(a) impose the conditions the Board considers necessary or desirable on the approval of the accredited program of study to ensure the program provides a qualification for the purposes of registration; or

(b) cancel its approval of the accredited program of study.

(3) If a National Board makes a decision under subsection (2), it must give written notice of the decision, including the reasons for the decision, to the accreditation authority that accredited the program.

s 51: Am 2017 No 32, Sch 1 sec 10.

Part 7 Registration of health practitioners

Part 7 Registration of health practitioners

52 Eligibility for general registration

52 Eligibility for general registration

(1) An individual is eligible for general registration in a health profession if—

(a) the individual is qualified for general registration in the health profession; and

(b) the individual has successfully completed—

(i) any period of supervised practice in the health profession required by an approved registration standard for the health profession; or

(ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the profession; and

(c) the individual is a suitable person to hold general registration in the health profession; and

(d) the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and

(e) the individual meets any other requirements for registration stated in an approved registration standard for the health profession.

(2) Without limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for general registration in the profession by doing either or both of the following—

(a) imposing conditions on the registration under section 83;

(b) accepting an undertaking from the individual under section 83A.

s 52: Am 2022 No 22, sec 60.

53 Qualifications for general registration

53 Qualifications for general registration

An individual is qualified for general registration in a health profession if—

(a) the individual holds an approved qualification for the health profession; or

(b) the individual holds a qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification; or

(c) the individual holds a qualification, not referred to in paragraph (a) or (b), relevant to the health profession and has successfully completed an examination or other assessment required by the National Board for the purpose of general registration in the health profession; or

(d) the individual—

(i) holds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for general registration (however described) in the health profession; and

(ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification.

54 Examination or assessment for general registration

54 Examination or assessment for general registration

For the purposes of section 52(1)(b)(ii), if a National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.

55 Unsuitability to hold general registration

55 Unsuitability to hold general registration

(1) A National Board may decide an individual is not a suitable person to hold general registration in a health profession if—

(a) in the Board’s opinion, the individual has an impairment that would detrimentally affect the individual’s capacity to practise the profession to such an extent that it would or may place the safety of the public at risk; or

(b) having regard to the individual’s criminal history to the extent that is relevant to the individual’s practice of the profession, the individual is not, in the Board’s opinion, an appropriate person to practise the profession or it is not in the public interest for the individual to practise the profession; or

(c) the individual has previously been registered under a relevant law and during the period of that registration proceedings under Part 8, or proceedings that substantially correspond to proceedings under Part 8, were started against the individual but not finalised; or

(d) in the Board’s opinion, the individual’s competency in speaking or otherwise communicating in English is not sufficient for the individual to practise the profession; or

(e) the individual’s registration (however described) in the health profession in a jurisdiction that is not a participating jurisdiction, whether in Australia or elsewhere, is currently suspended or cancelled on a ground for which an adjudication body could suspend or cancel a health practitioner’s registration in Australia; or

(f) the nature, extent, period and recency of any previous practice of the profession is not sufficient to meet the requirements specified in an approved registration standard relevant to general registration in the profession; or

(g) the individual fails to meet any other requirement in an approved registration standard for the profession about the suitability of individuals to be registered in the profession or to competently and safely practise the profession; or

(h) in the Board’s opinion, the individual is for any other reason—

(i) not a fit and proper person for general registration in the profession; or

(ii) unable to practise the profession competently and safely.

(2) In this section—

relevant law means—

(a) this Law or a corresponding prior Act; or

(b) the law of another jurisdiction, whether in Australia or elsewhere.

56 Period of general registration

56 Period of general registration

(1) The period of registration that is to apply to a health practitioner granted general registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.

(2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration—

(a) starts—

(i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii) otherwise—when the Board makes the decision; and

(b) expires at the end of the last day of the registration period.

s 56: Am 2017 No 32, sec 9; 2022 No 22, sec 55.

57 Eligibility for specialist registration

57 Eligibility for specialist registration

(1) An individual is eligible for specialist registration in a recognised specialty in a health profession if—

(a) the individual is qualified for registration in the specialty; and

(b) the individual has successfully completed—

(i) any period of supervised practice in the specialty required by an approved registration standard for the health profession; or

(ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the specialty; and

(c) the individual is a suitable person to hold registration in the health profession; and

(d) the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the specialty; and

(e) the individual meets any other requirements for registration stated in an approved registration standard for the specialty.

(2) Without limiting subsection (1), the National Board may decide the individual is eligible for registration in the recognised specialty by doing either or both of the following—

(a) imposing conditions on the registration under section 83;

(b) accepting an undertaking from the individual under section 83A.

s 57: Am 2022 No 22, sec 61.

58 Qualifications for specialist registration

58 Qualifications for specialist registration

An individual is qualified for specialist registration in a recognised specialty in a health profession if the individual—

(a) holds an approved qualification for the specialty; or

(b) holds another qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification for the specialty; or

(c) holds a qualification, not referred to in paragraph (a) or (b), relevant to the specialty and has successfully completed an examination or other assessment required by the National Board for the purpose of registration in the specialty; or

(d) the individual—

(i) holds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for specialist registration (however described) in the specialty; and

(ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification for the specialty.

59 Examination or assessment for specialist registration

59 Examination or assessment for specialist registration

For the purposes of section 57(1)(b)(ii), if the National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.

60 Unsuitability to hold specialist registration

60 Unsuitability to hold specialist registration

(1) Section 55 applies to the making of a decision by a National Board that an individual is not a suitable person to hold specialist registration in a recognised specialty.

(2) For the purposes of subsection (1), a reference in section 55 to—

(a) general registration in the health profession is taken to be a reference to specialist registration in a recognised specialty; and

(b) the health profession is taken to be a reference to the recognised specialty.

61 Period of specialist registration

61 Period of specialist registration

(1) The period of registration that is to apply to a health practitioner granted specialist registration in a recognised specialty in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.

(2) If the National Board decides to register a health practitioner in a recognised specialty for the health profession during a registration period, the specialist registration—

(a) starts—

(i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii) otherwise—when the Board makes the decision; and

(b) expires at the end of the last day of the registration period.

s 61: Am 2022 No 22, sec 56.

62 Eligibility for provisional registration

62 Eligibility for provisional registration

(1) An individual is eligible for provisional registration in a health profession, to enable the individual to complete a period of supervised practice that the individual requires to be eligible for general registration in the health profession, if—

(a) the individual is qualified for general registration in the profession; and

(b) the individual is a suitable person to hold provisional registration in the profession; and

(c) the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for, or being registered in, the profession; and

(d) the individual meets any other requirements for registration stated in an approved registration standard for the health profession.

(2) Without limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for provisional registration in the health profession by doing either or both of the following—

(a) imposing conditions on the registration under section 83;

(b) accepting an undertaking from the individual under section 83A.

s 62: Am 2022 No 22, sec 62.

63 Unsuitability to hold provisional registration

63 Unsuitability to hold provisional registration

(1) Section 55 applies to a decision by a National Board that an individual is not a suitable person to hold provisional registration in a health profession.

(2) For the purposes of subsection (1), a reference in section 55 to general registration in the health profession is taken to be a reference to provisional registration in the health profession.

64 Period of provisional registration

64 Period of provisional registration

(1) The period of registration (the registration period) that is to apply to a health practitioner granted provisional registration in a health profession is—

(a) the period decided by the National Board established for the profession, but not more than 12 months, and published on the Board’s website; or

(b) the longer period prescribed by a regulation.

(2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration—

(a) starts—

(i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii) otherwise—when the Board makes the decision; and

(b) expires at the end of the last day of the registration period.

(3) Provisional registration may not be renewed more than twice.

Note.

If an individual were not able to complete the supervised practice the individual requires for general registration in a health profession during the period consisting of the individual’s initial period of registration and 2 renewals of that registration, the individual would need to make a new application for provisional registration in the profession.

s 64: Am 2022 No 22, sec 57.

65 Eligibility for limited registration

65 Eligibility for limited registration

(1) An individual is eligible for limited registration in a health profession if—

(a) the individual is not qualified for general registration in the profession or specialist registration in a recognised speciality in the profession; and

(b) the individual is qualified under this Division for limited registration; and

(c) the individual is a suitable person to hold limited registration in the profession; and

(d) the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and

(e) the individual meets any other requirements for registration stated in an approved registration standard for the health profession.

(1A) Subsection (1B) applies if—

(a) an individual is registered in a health profession for which divisions are included in the National Register kept for the profession; and

(b) the individual holds general or limited registration in a division.

(1B) Despite subsection (1)(a) and (b), the individual is eligible for limited registration in another division of the profession if the individual—

(a) is not qualified for general registration under the other division; and

(b) is qualified under this Division for limited registration under the other division.

(2) Without limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for limited registration in the profession by doing either or both of the following—

(a) imposing conditions on the registration under section 83;

(b) accepting an undertaking from the individual under section 83A.

s 65: Am 2017 No 32, sec 10; 2022 No 22, sec 63.

66 Limited registration for postgraduate training or supervised practice

66 Limited registration for postgraduate training or supervised practice

(1) An individual may apply for limited registration to enable the individual to undertake a period of postgraduate training or supervised practice in a health profession, or to undertake assessment or sit an examination, approved by the National Board established for the profession.

(2) The individual is qualified for the limited registration applied for if the National Board is satisfied the individual has completed a qualification that is relevant to, and suitable for, the postgraduate training, supervised practice, assessment or examination.

67 Limited registration for area of need

67 Limited registration for area of need

(1) An individual may apply for limited registration to enable the individual to practise a health profession in an area of need decided by the responsible Minister under subsection (5).

(2) The individual is qualified for the limited registration applied for if the National Board is satisfied the individual’s qualifications and experience are relevant to, and suitable for, the practice of the profession in the area of need.

(3) The National Board must consider the application but is not required to register the individual merely because there is an area of need.

(4) If the National Board grants the individual limited registration to enable the individual to practise the profession in the area of need, the individual must not practise the profession other than in the area of need specified in the individual’s certificate of registration.

(5) A responsible Minister for a participating jurisdiction may decide there is an area of need for health services in the jurisdiction, or part of the jurisdiction, if the Minister considers there are insufficient health practitioners practising in a particular health profession in the jurisdiction or the part of the jurisdiction to provide services that meet the needs of people living in the jurisdiction or the part of the jurisdiction.

(6) If a responsible Minister decides there is an area of need under subsection (5), the responsible Minister must give the National Board established for the health profession written notice of the decision.

(7) A responsible Minister may delegate the Minister’s power under this section to an appropriately qualified person.

(8) In this section—

appropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power.

health services means the provision of services by health practitioners in a particular health profession.

68 Limited registration in public interest

68 Limited registration in public interest

(1) An individual may apply for limited registration to enable the individual to practise a health profession for a limited time, or for a limited scope, in the public interest.

(2) The individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied it is in the public interest for an individual with the individual’s qualifications and experience to practise the profession for that time or scope.

69 Limited registration for teaching or research

69 Limited registration for teaching or research

(1) An individual may apply for limited registration in a health profession to enable the individual to fill a teaching or research position.

(2) The individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied the individual’s qualifications are relevant to, and suitable for, the position.

70 Unsuitability to hold limited registration

70 Unsuitability to hold limited registration

(1) Section 55 applies to a decision by a National Board that an individual is not a suitable person to hold limited registration in a health profession.

(2) For the purposes of subsection (1), a reference in section 55 to general registration in the health profession is taken to be a reference to limited registration in the health profession.

71 Limited registration not to be held for more than one purpose

71 Limited registration not to be held for more than one purpose

(1) Subsection (2) applies to a health profession for which a division is not included in the National Register kept for the profession.

(2) An individual registered in the health profession may not hold limited registration in the same health profession for more than one purpose under this Division at the same time.

(3) Subsection (4) applies to a health profession for which divisions are included in the National Register kept for the profession.

(4) An individual registered in the health profession may not hold limited registration in the same division of the profession for more than one purpose under this Division at the same time.

s 71: Subst 2017 No 32, sec 11.

72 Period of limited registration

72 Period of limited registration

(1) The period of registration that is to apply to a health practitioner granted limited registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.

(2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration—

(a) starts—

(i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii) otherwise—when the Board makes the decision; and

(b) expires at the end of the last day of the registration period.

(3) Limited registration may not be renewed more than 3 times.

Note.

If an individual had been granted limited registration in a health profession for a purpose under this Division, had subsequently renewed the registration in the profession for that purpose 3 times and at the end of the period wished to continue holding limited registration in the profession for that purpose, the individual would need to make a new application for limited registration in the profession for that purpose.

s 72: Am 2022 No 22, sec 58.

73 Eligibility for non-practising registration

73 Eligibility for non-practising registration

An individual is eligible for non-practising registration in a health profession if—

(a) the individual—

(i) holds or has held general registration in the health profession under this Law; or

(ii) holds or has held specialist registration in a recognised speciality in the health profession under this Law; or

(iii) held registration in the health profession under a corresponding prior Act that was equivalent to general registration or specialist registration in the health profession under this Law;

(b) the individual is a suitable person to hold non-practising registration in the profession.

74 Unsuitability to hold non-practising registration

74 Unsuitability to hold non-practising registration

A National Board may decide an individual is not a suitable person to hold non-practising registration in a health profession if—

(a) having regard to the individual’s criminal history to the extent that is relevant to the individual’s practise of the profession, the individual is not, in the Board’s opinion, an appropriate person to hold registration in the profession or it is not in the public interest for the individual to hold registration in the profession; or

(aa) the person’s registration has been withdrawn by a National Board under section 85A; or

(b) in the Board’s opinion, the individual is for any other reason not a fit and proper person to hold non-practising registration in the profession.

s 74: Am 2022 No 22, sec 69.

75 Registered health practitioner who holds non-practising registration must not practise the profession

75 Registered health practitioner who holds non-practising registration must not practise the profession

(1) A registered health practitioner who holds non-practising registration in a health profession must not practise the profession.

(2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

76 Period of non-practising registration

76 Period of non-practising registration

(1) The period of registration that is to apply to a health practitioner granted non-practising registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.

(2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration—

(a) starts—

(i) if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii) otherwise—when the Board makes the decision; and

(b) expires at the end of the last day of the registration period.

s 76: Am 2022 No 22, sec 59.

Division 6 Application for registration

Division 6 Application for registration

77 Application for registration

77 Application for registration

(1) An individual may apply to a National Board for registration in a health profession for which the Board is established.

(2) An application must—

(a) be in the form approved by the National Board; and

(b) be accompanied by the relevant fee; and

(c) be accompanied by proof of the applicant’s identity; and

(d) be accompanied by any other information reasonably required by the Board.

(3) Without limiting subsection (2)(a), a form approved by a National Board for the purposes of that subsection must require an applicant—

(a) to provide a declaration about—

(i) the address at which the applicant will predominantly practise the profession; or

(ii) if the applicant will not be practising the profession or will not predominantly practise the profession at one address, the address that is the applicant’s principal place of residence; and

(b) to provide an address to be used by the Board in corresponding with the applicant; and

(c) to disclose the applicant’s criminal history; and

(d) to authorise the Board to obtain the applicant’s criminal history.

Note.

See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.

(4) A criminal history law does not apply to the requirement under subsection (3)(c) for the applicant to disclose the applicant’s criminal history.

(5) Information in the application must, if the approved form requires, be verified by a statutory declaration.

s 77: Am 2017 No 32, Sch 1 sec 11.

78 Power to check applicant’s proof of identity

78 Power to check applicant’s proof of identity

(1) If an applicant for registration gives a National Board a document as evidence of the applicant’s identity under this section, the Board may, by written notice, ask the entity that issued the document—

(a) to confirm the validity of the document; or

(b) to give the Board other information relevant to the applicant’s identity.

(2) An entity given a notice under subsection (1) is authorised to give the National Board the information requested in the notice.

79 Power to check applicant’s criminal history

79 Power to check applicant’s criminal history

(1) Before deciding an application for registration, a National Board must check the applicant’s criminal history.

(2) For the purposes of checking an applicant’s criminal history, a National Board may obtain a written report about the criminal history of the applicant from any of the following—

(a) ACC;

(b) a police commissioner;

(c) an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.

(3) A criminal history law does not apply to a report about an applicant’s criminal history under subsection (2).

s 79: Am 2017 No 32, sec 12.

80 Boards’ other powers before deciding application for registration

80 Boards’ other powers before deciding application for registration

(1) Before deciding an application for registration, a National Board may—

(a) investigate the applicant, including, for example, by asking an entity—

(i) to give the Board information about the applicant; or

(ii) to verify information or a document that relates to the applicant;

Examples.

If the applicant is or has been registered by another registration authority, the National Board may ask the registration authority for information about the applicant’s registration status.

The National Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant.

(b) by written notice given to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; and

(c) by written notice given to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; and

(d) by written notice given to the applicant, require the applicant to undergo an examination or assessment, within a reasonable time stated in the notice and at a reasonable place, to assess the applicant’s ability to practise the health profession in which registration is sought; and

(e) by written notice given to the applicant, require the applicant to undergo a health assessment, within a reasonable time stated in the notice and at a reasonable place.

(2) The National Board may require the information or document referred to in subsection (1)(b) to be verified by a statutory declaration.

(3) If the National Board requires an applicant to undertake an examination or assessment under subsection (1)(d) to assess the applicant’s ability to practise the health profession—

(a) the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise; and

(b) the National Agency may require the applicant to pay the relevant fee.

(4) A notice under subsection (1)(d) or (e) must state—

(a) the reason for the examination or assessment; and

(b) the name and qualifications of the person appointed by the National Board to conduct the examination or assessment; and

(c) the place where, and the day and time at which, the examination or assessment is to be conducted.

(5) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1).

81 Applicant may make submissions about proposed refusal of application or imposition of condition

81 Applicant may make submissions about proposed refusal of application or imposition of condition

(1) If, after considering an application for registration, a National Board is proposing to refuse to register the applicant or to register the applicant subject to a condition, the Board must give the applicant written notice of the proposal.

(2) The notice must—

(a) state the reasons for the proposal; and

(b) invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.

82 Decision about application

82 Decision about application

(1) After considering an application for registration and any submissions made in accordance with a notice under section 81, a National Board established for a health profession must—

(a) decide to grant the applicant the type of registration in the health profession applied for if the applicant is eligible for that type of registration under a relevant section; or

(b) decide to grant the applicant a type of registration in the health profession, other than the type of registration applied for, for which the applicant is eligible under a relevant section; or

(c) decide to refuse to grant the applicant registration in the health profession if—

(i) the applicant is ineligible for registration in the profession under a relevant section because the applicant—

(A) is not qualified for registration; or

(B) has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’s ability to practise the profession; or

(C) is not a suitable person to hold registration; or

(D) is disqualified under this Law from applying for registration, or being registered, in the health profession; or

(E) does not meet a requirement for registration stated in an approved registration standard for the profession; or

(ii) it would be improper to register the applicant because the applicant or someone else gave the National Board information or a document in relation to the application that was false or misleading in a material particular.

(2) In this section—

relevant section means section 52, 57, 62, 65 or 73.

83 Conditions of registration

83 Conditions of registration

(1) If a National Board decides to register a person in a health profession for which the Board is established, the registration is subject to any condition the Board considers necessary or desirable in the circumstances.

Note.

A failure by a registered health practitioner to comply with a condition of the practitioner’s registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(2) If the National Board decides to register the person subject to a condition referred to in subsection (1), the Board must decide a review period for the condition.

s 83: Am 2017 No 32, Sch 1 sec 12.

83A Undertakings at registration

83A Undertakings at registration

If a National Board decides to register a person in a health profession for which the Board is established, the Board may accept any undertaking from the person the Board considers necessary or desirable in the circumstances.

s 83A: Ins 2022 No 22, sec 64.

84 Notice to be given to applicant

84 Notice to be given to applicant

(1) Within 30 days after making the decision under section 82, the National Board must—

(a) give the applicant written notice of the Board’s decision; and

(b) if the Board decides to register the applicant, give the applicant a certificate of registration.

(2) If the Board decides not to register the applicant, or decides to register the applicant in a type of registration other than the registration applied for or subject to a condition, the notice under subsection (1)(a) must state—

(a) the reasons for the decision; and

(b) that the applicant may appeal against the decision; and

(c) how an application for appeal may be made and the period within which the application must be made.

85 Failure to decide application

85 Failure to decide application

If a National Board fails to decide an application for registration within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to register the applicant.

Division 6A Withdrawal of registration

Division 6A Withdrawal of registration

pt 7, div 6A: Ins 2022 No 22, sec 70.

85A Power to withdraw registration

85A Power to withdraw registration

A National Board may withdraw the registration of a registered health practitioner registered in a health profession for which the Board is established if the Board reasonably believes the practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.

s 85A: Ins 2022 No 22, sec 70.

85B Registered health practitioner may make submissions about proposed withdrawal of registration

85B Registered health practitioner may make submissions about proposed withdrawal of registration

(1) If a National Board is proposing to withdraw a registered health practitioner’s registration under section 85A, the Board must give the practitioner written notice of the proposal.

(2) The notice must—

(a) state the reasons for the proposal; and

(b) invite the registered health practitioner to make a written or verbal submission to the National Board, within the reasonable time stated in the notice, about the proposal.

(3) This section does not prevent a National Board from taking immediate action under Division 7 of Part 8 in relation to the registered health practitioner.

s 85B: Ins 2022 No 22, sec 70.

85C Decision about withdrawal of registration

85C Decision about withdrawal of registration

After considering any submissions made in accordance with a notice under section 85B, the National Board must—

(a) decide—

(i) the registration was not improperly obtained on the ground the registered health practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and

(ii) no further action is to be taken; or

(b) decide the registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular and do one or more of the following—

(i) withdraw the practitioner’s registration;

(ii) refer the matter to a responsible tribunal;

(iii) take other appropriate action under Part 8.

s 85C: Ins 2022 No 22, sec 70.

85D Notice to be given to registered health practitioner

85D Notice to be given to registered health practitioner

(1) The National Board must give the registered health practitioner written notice of the Board’s decision under section 85C as soon as practicable, but no later than 30 days after making the decision.

(2) If the National Board decides to withdraw the registered health practitioner’s registration, the notice must state—

(a) the reasons for the decision; and

(b) that the practitioner may appeal against the decision; and

(c) how the application for appeal may be made and the period within which the application must be made.

Note.

If, under section 85C(b)(ii) or (iii), the National Board decides to refer the matter to a responsible tribunal or take other appropriate action under Part 8, notice of the referral or other action will be given to the registered health practitioner under the relevant provision of Part 8.

s 85D: Ins 2022 No 22, sec 70.

85E When decision takes effect

85E When decision takes effect

The decision by the National Board to withdraw a person’s registration takes effect on—

(a) the day notice of the Board’s decision is given to the person; or

(b) the later day stated in the notice.

s 85E: Ins 2022 No 22, sec 70.

Division 7 Student registration

Division 7 Student registration

pt.7-div.7-sdiv.1 Persons undertaking approved programs of study

Subdivision 1 Persons undertaking approved programs of study

86 Definitions

86 Definitions

In this Subdivision—

approved program of study, for a health profession, does not include an approved program of study that provides a qualification for endorsement of registration in the profession but does not qualify a person for registration in the profession.

particulars means particulars required to be included in the student register.

87 National Board must register persons undertaking approved program of study

87 National Board must register persons undertaking approved program of study

(1) The National Board established for a health profession must decide whether persons who are undertaking an approved program of study for the health profession must be registered—

(a) for the entire period during which the persons are enrolled in the approved program of study; or

(b) for the period starting when the persons begin a particular part of the approved program of study and ending when the persons complete, or otherwise cease to be enrolled in, the program.

(2) In deciding whether to register persons undertaking an approved program of study for the entire period of the program of study or only part of the period, the National Board must have regard to—

(a) the likelihood that persons undertaking the approved program of study will, in the course of undertaking the program, have contact with members of the public; and

(b) if it is likely that the persons undertaking the approved program of study will have contact with members of the public—

(i) when in the approved program of study it is likely the persons will have contact with members of the public; and

(ii) the potential risk that contact may pose to members of the public.

88 National Board may ask education provider for list of persons undertaking approved program of study

88 National Board may ask education provider for list of persons undertaking approved program of study

(1) For the purposes of registering persons as required by section 87, a National Board may, at any time by written notice given to an education provider, ask the provider for the following—

(a) the particulars of all persons who are undertaking an approved program of study for a health profession for which the Board is established;

(b) the particulars of all persons who will be undertaking the part of the approved program of study specified in the notice.

(2) An education provider given a notice under subsection (1) must not fail, without reasonable excuse, to comply with the notice.

(3) A contravention of subsection (2) does not constitute an offence.

(4) However, if an education provider does not comply with a notice under subsection (1)—

(a) the National Board that gave the education provider the notice must publish details of the failure to comply with the notice on the Board’s website; and

(b) the National Agency may, on the recommendation of the National Board, include a statement about the failure to comply with the notice in the Agency’s annual report.

s 88: Am 2017 No 32, Sch 1 sec 13.

89 Registration of students

89 Registration of students

(1) On receipt of the particulars of persons undertaking an approved program of study, or part of an approved program of study, under section 88—

(a) the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or

(b) the National Board may—

(i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and

(ii) on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.

(2) The National Board must not register a person as a student if the person is undertaking an approved program of study for a health profession in which the person already holds registration under Division 6.

(3) The National Board must not require a person to pay a fee for registration as a student.

(4) As soon as practicable after registering a person as a student, a National Board must give written notice of the registration to—

(a) the education provider that provided the student’s particulars to the Board; and

(b) if the Board required the person to complete an application form for registration, the student.

(5) As soon as practicable after receiving notice that a student has been registered under subsection (1)(a), the education provider must give written notice of the registration to the student.

90 Period of student registration

90 Period of student registration

The period of registration for a student—

(a) starts when the student is registered under section 89; and

(b) expires at the end of the day on which the student completes, or otherwise ceases to be enrolled in, the approved program of study.

pt.7-div.7-sdiv.2 Other persons to be registered as students

Subdivision 2 Other persons to be registered as students

91 Education provider to provide lists of persons

91 Education provider to provide lists of persons

(1) If an education provider arranges clinical training in a health profession for a person who is not enrolled in an approved program of study for the profession, the education provider must give the National Board established for the profession written notice about the arrangement.

(2) Subsection (1) does not apply if the person is a registered health practitioner who is registered in the health profession in which the clinical training is being undertaken.

(3) A notice under subsection (1) must include—

(a) the particulars of the person undertaking the clinical training, and

(b) particulars of the arrangement for the person to undertake the clinical training.

(4) On receipt of a notice under subsection (1)—

(a) the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or

(b) the National Board may—

(i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and

(ii) on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.

(5) As soon as practicable after registering a person as a student under subsection (4), a National Board must give written notice of the registration to the education provider that provided the student’s particulars to the Board.

(6) The National Board must not require a person to pay a fee for registration as a student.

(7) A student’s period of registration under this section—

(a) starts when the student is registered under subsection (4); and

(b) expires at the end of the day on which the person completes, or otherwise ceases to undertake, the period of clinical training.

pt.7-div.7-sdiv.3 General provisions applicable to students

Subdivision 3 General provisions applicable to students

92 Notice to be given if student registration suspended or condition imposed

92 Notice to be given if student registration suspended or condition imposed

(1) This section applies if, at any time, any of the following events occurs—

(a) a person’s registration as a student under this Law is suspended;

(b) a condition is imposed on a person’s registration as a student under this Law or a condition to which a person’s registration is subject is changed or removed;

(c) a National Board accepts an undertaking from a person who is a student.

(2) The National Board established for the person’s health profession must, as soon as practicable after the event occurs, give written notice of the event to the education provider with which the person is undertaking the approved program of study.

(3) If an education provider is given a notice under subsection (2) about a person, the education provider must, as soon as practicable after receiving the notice, give notice of the event to any entity with whom the person is undertaking training as part of the approved program of study.

s 92: Am 2017 No 32, Sch 1 sec 14.

93 Report to National Board of cessation of status as student

93 Report to National Board of cessation of status as student

(1) This section applies if—

(a) a student completes, or otherwise ceases to be enrolled in, an approved program of study for a health profession provided by an education provider; or

(b) a student completes, or otherwise ceases to undertake, clinical training in a health profession arranged by an education provider.

(2) The education provider must give written notice of the student ceasing to be enrolled in the program of study, or to undertake the clinical training, to the National Board established for the health profession within 60 days of it occurring.

(3) A contravention of subsection (2) does not constitute an offence.

(4) However, if an education provider contravenes subsection (2)—

(a) the National Board must publish details of the contravention on the Board’s website; and

(b) the National Agency may, on the recommendation of the National Board, include a statement about the contravention in the Agency’s annual report.

Division 8 Endorsement of registration

Division 8 Endorsement of registration

pt.7-div.8-sdiv.1 Endorsement in relation to scheduled medicines

Subdivision 1 Endorsement in relation to scheduled medicines

94 Endorsement for scheduled medicines

94 Endorsement for scheduled medicines

(1) A National Board may, in accordance with an approval given by the Ministerial Council under section 14, endorse the registration of a registered health practitioner registered in a health profession for which the Board is established, as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines if the practitioner—

(a) holds either of the following qualifications relevant to the endorsement—

(i) an approved qualification;

(ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and

(b) complies with any approved registration standard relevant to the endorsement.

Note.

The endorsement of a health practitioner’s registration under this section indicates the practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of medicines specified in the endorsement but does not authorise the practitioner to do so. The authorisation of a health practitioner to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines in a participating jurisdiction will be provided for by or under another Act of that jurisdiction.

Health practitioners registered in certain health professions will be authorised to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines by or under an Act of a participating jurisdiction without the need for the health practitioners to hold an endorsement under this Law.

(2) An endorsement under subsection (1) must state—

(a) the scheduled medicine or class of scheduled medicines to which the endorsement relates; and

(b) whether the registered health practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of scheduled medicines; and

(c) if the endorsement is for a limited period, the date the endorsement expires.

s 94: Am 2017 No 32, Sch 1 sec 15.

pt.7-div.8-sdiv.2 Endorsement in relation to nurse practitioners

Subdivision 2 Endorsement in relation to nurse practitioners

95 Endorsement as nurse practitioner

95 Endorsement as nurse practitioner

(1) The National Board for the nursing profession may endorse the registration of a registered health practitioner whose name is included in the Register of Nurses as being qualified to practise as a nurse practitioner if the practitioner—

(a) holds either of the following qualifications relevant to the endorsement—

(i) an approved qualification;

(ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and

(b) complies with any approved registration standard relevant to the endorsement.

(2) An endorsement under subsection (1) must state—

(a) that the registered health practitioner is entitled to use the title “nurse practitioner”; and

(b) any conditions applicable to the practice by the registered health practitioner as a nurse practitioner.

s 95: Am 2017 No 32, sec 13.

pt.7-div.8-sdiv.3

Subdivision 3

96 (Repealed)

pt 7, div 8, sdiv 3: Rep 2022 No 22, sec 75.

s 96: Am 2017 No 32, sec 14. Rep 2022 No 22, sec 75.

pt.7-div.8-sdiv.4 Endorsement in relation to acupuncture

Subdivision 4 Endorsement in relation to acupuncture

97 Endorsement for acupuncture

97 Endorsement for acupuncture

(1) A National Board may endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise as an acupuncturist if the practitioner—

(a) holds either of the following qualifications relevant to the endorsement—

(i) an approved qualification;

(ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and

(b) complies with an approved registration standard relevant to the endorsement.

(2) An endorsement under subsection (1) must state—

(a) that the registered health practitioner is entitled to use the title “acupuncturist”; and

(b) any conditions applicable to the practice of acupuncture by the registered health practitioner.

s 97: Am 2017 No 32, Sch 1 sec 16.

pt.7-div.8-sdiv.5 Endorsements in relation to approved areas of practice

Subdivision 5 Endorsements in relation to approved areas of practice

98 Endorsement for approved area of practice

98 Endorsement for approved area of practice

(1) A National Board established for a health profession may, in accordance with an approval given by the Ministerial Council under section 15, endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise in an approved area of practice for the health profession if the practitioner—

(a) holds either of the following qualifications relevant to the endorsement—

(i) an approved qualification;

(ii) another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and

(b) complies with an approved registration standard relevant to the endorsement.

(2) An endorsement under subsection (1) must state—

(a) the approved area of practice to which the endorsement relates; and

(b) any conditions applicable to the practice by the registered health practitioner in the approved area of practice.

s 98: Am 2017 No 32, Sch 1 sec 17.

pt.7-div.8-sdiv.6 Application for endorsement

Subdivision 6 Application for endorsement