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Health Practitioner Regulation National Law Regulation 2018
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Australian Capital Territory
Health Practitioner Regulation National
Law Regulation 2018
SL2018-166
made under the
Health Practitioner Regulation National Law
Republication No 7
Effective: 13 May 2025
Republication date: 5 June 2025
Last amendment made by Statutory Rule No 26/2025 (Vic)
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About this republication
The republished law
This is a republication of the Health Practitioner Regulation National Law Regulation 2018,
made under the Health Practitioner Regulation National Law as in force on 5 June 2025. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
13 May 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
National Law
This regulation is the Health Practitioner Regulation National Law Regulation 2018 made by the
COAG Health Council (now known as the Health Ministers’ Meeting (HMM)) under the Health
Practitioner Regulation National Law, section 245.
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Australian Capital Territory
Health Practitioner Regulation National
Law Regulation 2018
made under the
Health Practitioner Regulation National Law
Contents
Page
Part 1 Preliminary
1 Short title 2
2 Commencement 2
3 Definitions 2
Part 2 National Boards and registers
4 National Boards for health professions 5
5 National Boards required to keep public national registers 6
Contents
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Part 3 Application of AIC Act
6 Application of AIC Act 7
7 References in AIC Act to particular terms 7
8 Modifications relating to appointment of National Health Practitioner
Privacy Commissioner and staff 8
9 Modifications about financial matters 9
10 Modifications about annual report 10
11 Miscellaneous modifications 10
12 Regulations 12
Part 4 Application of FOI Act
13 Application of FOI Act 13
14 References in FOI Act to particular terms 13
15 Modifications relating to National Agency and National Boards 14
16 Modifications relating to reports prepared by National Health
Practitioner Privacy Commissioner 15
17 Modifications relating to Administrative Appeals Tribunal 15
18 Modifications relating to Part VII of the FOI Act 15
19 Miscellaneous modifications 16
20 Regulations 16
22 Transitional provision for current obligation to publish information 17
Part 5 Application of Ombudsman Act
23 Who is an agency service provider 18
24 Application of Ombudsman Act 18
25 References in Ombudsman Act to particular terms 18
26 Modifications relating to National Agency and National Boards 19
27 Modifications relating to appointment of National Health Practitioner
Ombudsman and staff 21
28 Modifications about financial matters 22
29 Modifications about financial matters 23
30 Miscellaneous modifications 24
31 Regulations 25
Contents
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Part 6 Application of Privacy Act
32 Who is a contracted service provider 26
33 Application of Privacy Act 26
34 References in Privacy Act to particular terms 26
35 Modifications relating to National Agency and National Boards 27
36 Modifications about financial matters 29
37 Modifications about public interest determinations 30
38 Miscellaneous modifications 31
39 Regulations 32
Part 7 Miscellaneous
40 Transition period in relation to professional indemnity insurance
arrangements for midwives practising private midwifery 33
41 Prescribed participation day for registration in paramedicine 33
41A Prescribed qualification for general registration in paramedicine 33
Part 8 Transitional and repeal
Division 1 Repeal
42 Regulations repealed 34
Division 2 Transitional provisions
43 Definitions for Division 34
44 Transitional provision for continued Boards 35
45 Continuation of existing appointment and employment of National
Health Practitioner Privacy Commissioner 35
46 Continuation of existing appointment and employment of National
Health Practitioner Ombudsman 36
47 Acting Commissioner under the Privacy Act 36
48 Applications for access to a document 36
49 Applications for internal review of access refusal decision 37
Endnotes
1 About the endnotes 38
2 Abbreviation key 38
3 Legislation history 39
Contents
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4 Amendment history 41
5 Earlier republications 42
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Australian Capital Territory
Health Practitioner Regulation National
Law Regulation 2018
made under the
Health Practitioner Regulation National Law
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Short title
This Regulation may be cited as the Health Practitioner Regulation
National Law Regulation 2018.
2 Commencement
(1) This Regulation, other than section 41, commences on
1 December 2018.
(2) Section 41 commences—
(a) for Western Australia—on the day this Regulation is published
in the Gazette; and
(b) for all other participating jurisdictions—on the day this
Regulation is published by the Victorian Government Printer.
3 Definitions
In this Regulation—
AIC Act means the Australian Information Commissioner Act 2010
of the Commonwealth, as in force from time to time.
FOI Act means the Freedom of Information Act 1982 of the
Commonwealth, as in force from time to time.
Gazette, for Western Australia, see section 5 of the Interpretation
Act 1984 of Western Australia.
National Health Practitioner Ombudsman means the person
appointed by the Ministerial Council under the Law as the National
Health Practitioner Ombudsman.
National Health Practitioner Privacy Commissioner means the
person appointed by the Ministerial Council under the Law as the
National Health Practitioner Privacy Commissioner.
Preliminary Part 1
Section 3
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Ombudsman Act means the Ombudsman Act 1976 of the
Commonwealth, as in force from time to time.
Privacy Act means the Privacy Act 1988 of the Commonwealth, as in
force from time to time.
relevant Parliament means any of the following—
(a) the Parliament of the Commonwealth of Australia;
(b) the Australian Capital Territory Legislative Assembly;
(c) the Parliament of New South Wales;
(d) the Parliament of South Australia;
(e) the Northern Territory Legislative Assembly;
(f) the Parliament of Tasmania;
(g) the Parliament of Queensland;
(h) the Parliament of Western Australia;
(i) the Parliament of Victoria.
relevant tribunal means any of the following—
(a) the ACT Civil and Administrative Tribunal established under
the ACT Civil and Administrative Tribunal Act 2008 of the ACT;
(b) the Civil and Administrative Tribunal of New South Wales
established under the Civil and Administrative Tribunal
Act 2013 of New South Wales;
(c) the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative
Tribunal Act 2013 of South Australia;
(d) the Northern Territory Civil and Administrative Tribunal
established under the Northern Territory Civil and
Administrative Tribunal Act of the Northern Territory;
Part 1 Preliminary
Section 3
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(e) the Magistrates Court (Administrative Appeals Division)
established under the Magistrates Court (Administrative
Appeals Division) Act 2001 of Tasmania or a tribunal that
replaces the court and performs the same or similar functions to
the court;
(f) the Queensland Civil and Administrative Tribunal established
under the Queensland Civil and Administrative Tribunal
Act 2009 of Queensland;
(g) the State Administrative Tribunal established under the State
Administrative Tribunal Act 2004 of Western Australia;
(h) the Victorian Civil and Administrative Tribunal established
under the Victorian Civil and Administrative Tribunal Act 1998
of Victoria.
National Boards and registers Part 2
Section 4
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Part 2 National Boards and registers
4 National Boards for health professions
Each of the following National Health Practitioner Boards is
continued for the health profession or professions listed beside that
Board in the following table—
Table National Boards
Name of Board Health profession
Aboriginal and Torres Strait Islander
Health Practice Board of Australia
Aboriginal and Torres Strait Islander health
practice
Chinese Medicine Board of Australia Chinese medicine
Chiropractic Board of Australia chiropractic
Dental Board of Australia dental (including the profession of a dentist,
dental therapist, dental hygienist, dental
prosthetist or oral health therapist)
Medical Board of Australia medical
Medical Radiation Practice Board of
Australia
medical radiation practice
Nursing and Midwifery Board of
Australia
nursing
midwifery
Occupational Therapy Board of Australia occupational therapy
Optometry Board of Australia optometry
Osteopathy Board of Australia osteopathy
Paramedicine Board of Australia paramedicine
Pharmacy Board of Australia pharmacy
Physiotherapy Board of Australia physiotherapy
Podiatry Board of Australia podiatry
Psychology Board of Australia psychology
Part 2 National Boards and registers
Section 5
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5 National Boards required to keep public national
registers
For the purposes of section 222(5) of the Law, each of the following
National Boards is required to keep the register or registers listed
beside that Board in the following table—
Table Public national registers
Name of Board Name of public national register
Aboriginal and Torres Strait Islander
Health Practice Board of Australia
Register of Aboriginal and Torres Strait Islander
Health Practitioners
Chinese Medicine Board of Australia Register of Chinese Medicine Practitioners
Chiropractic Board of Australia Register of Chiropractors
Dental Board of Australia Register of Dental Practitioners
Medical Board of Australia Register of Medical Practitioners
Medical Radiation Practice Board of
Australia
Register of Medical Radiation Practitioners
Nursing and Midwifery Board of
Australia
Register of Nurses
Register of Midwives
Occupational Therapy Board of Australia Register of Occupational Therapists
Optometry Board of Australia Register of Optometrists
Osteopathy Board of Australia Register of Osteopaths
Paramedicine Board of Australia Register of Paramedics
Pharmacy Board of Australia Register of Pharmacists
Physiotherapy Board of Australia Register of Physiotherapists
Podiatry Board of Australia Register of Podiatrists
Psychology Board of Australia Register of Psychologists
Application of AIC Act Part 3
Section 6
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Part 3 Application of AIC Act
6 Application of AIC Act
For the purposes of section 212A(2)(c) of the Law, this Part sets out
modifications of the AIC Act as it applies as a law of a participating
jurisdiction for the purposes of the national registration and
accreditation scheme.
7 References in AIC Act to particular terms
The AIC Act applies as if—
(a) a reference to any of the following were a reference to the
National Health Practitioner Privacy Commissioner—
(i) the Freedom of Information Commissioner;
(ii) the Privacy Commissioner;
(iii) an information officer; and
(b) a reference to the Minister were a reference to a member of the
Ministerial Council nominated by that Council; and
(c) a reference to the Governor-General were a reference to the
Ministerial Council; and
(d) a reference to an annual report were a reference to the annual
report mentioned in section 10.
Part 3 Application of AIC Act
Section 8
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8 Modifications relating to appointment of National Health
Practitioner Privacy Commissioner and staff
The AIC Act applies as if it were modified—
(a) so that the following provisions of the Act do not apply—
(i) the provisions about the appointment, and the general
terms and conditions of service, of information officers
(other than the provisions providing for the appointment of
an acting information officer); and
(ii) the provisions about the remuneration, and the leave of
absence, of information officers; and
(b) to provide that the National Health Practitioner Privacy
Commissioner is appointed with the remuneration, and on the
terms and conditions, decided by the Ministerial Council; and
(c) to provide that a person may be appointed to act as an
information officer despite the person not holding a degree from
a university, or an educational qualification of a similar
standing, after studies in the field of law; and
(d) to provide that the National Health Practitioner Privacy
Commissioner may, for the purposes of performing the
Commissioner's functions or powers—
(i) employ staff in a way the Commissioner considers
appropriate; and
(ii) engage contractors or consultants in a way the
Commissioner considers appropriate; and
(iii) enter into arrangements with another entity relating to the
provision of staff or other resources by that entity to the
Commissioner; and
(iv) delegate all or any of the functions or powers to any person
the Commissioner considers appropriate.
Application of AIC Act Part 3
Section 9
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9 Modifications about financial matters
The AIC Act applies as if it were modified to provide that the
National Health Practitioner Privacy Commissioner must—
(a) ensure the Commissioner's operations are carried out
efficiently, effectively and economically; and
(b) keep proper books and records in relation to the funds held by
the Commissioner; and
(c) ensure expenditure is made from the funds held by the
Commissioner only for lawful purposes and, as far as possible,
reasonable value is obtained for amounts expended from the
funds; and
(d) ensure the Commissioner’s procedures, including internal
control procedures, afford adequate safeguards with respect to—
(i) the correctness, regularity and propriety of payments made
from the funds held by the Commissioner; and
(ii) receiving and accounting for payments made to the
Commissioner; and
(iii) prevention of fraud or mistake; and
(e) take any action necessary to ensure the preparation of accurate
financial statements in accordance with Australian Accounting
Standards for inclusion in the annual report mentioned in
section 10; and
(f) take any action necessary to facilitate the audit of the financial
statements; and
(g) arrange for any further audit by a qualified person of records
kept by the Commissioner in relation to the funds held by the
Commissioner, if directed to do so by the Ministerial Council.
Part 3 Application of AIC Act
Section 10
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10 Modifications about annual report
The AIC Act applies as if it were modified to provide that—
(a) the National Health Practitioner Privacy Commissioner must,
within 3 months after the end of each financial year, submit an
annual report for the financial year to the Ministerial Council;
and
(b) the annual report must include—
(i) a financial statement for the period to which the report
relates that—
(A) has been prepared in accordance with Australian
Accounting Standards; and
(B) has been audited by the Auditor-General (however
described) of a State or Territory, or an auditor
employed, appointed or otherwise engaged by an
Auditor-General; and
(ii) a report about the performance of the Commissioner’s
functions under the Act during the period to which the
report relates; and
(c) each member of the Ministerial Council must lay a copy of the
annual report before each House of the Parliament of the
jurisdiction the member represents.
11 Miscellaneous modifications
(1) The AIC Act applies—
(a) as if it were modified so that the National Health Practitioner
Privacy Commissioner has only the privacy functions conferred
under the Privacy Act; and
Application of AIC Act Part 3
Section 11
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(b) as if it were modified so that the National Health Practitioner
Privacy Commissioner must disclose to the Ministerial Council
any material personal interest the Commissioner has in a matter
relating to the discharge of the Commissioner’s responsibilities
under the Act; and
(c) as if it were modified so that the provisions of the Act relating
to any of the following do not apply—
(i) the establishment of the Office of the Australian
Information Commissioner;
(ii) a review of the operations of the Act;
(iii) disclosures of interests;
Note See paragraph (b) for the requirement to disclose a material
personal interest.
(iv) the Information Advisory Committee;
(v) promoting awareness and understanding of, and the objects
of, the FOI Act;
(vi) providing information, advice, assistance and training on
matters relevant to the operation of the FOI Act;
(vii) reporting on matters relating to a Commonwealth
Government policy or practice about managing
information held by the Commonwealth Government;
(viii) reports and recommendations about legislative change;
(ix) the functions and powers mentioned in sections 11 and 12
of the Act; and
(d) with any other modifications that are necessary.
Part 3 Application of AIC Act
Section 12
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(2) For subsection (1)(b), the Commissioner has a material personal
interest in the matter if any of the following stand to gain a benefit or
suffer a loss (either directly or indirectly) because of the discharge of
the Commissioner’s responsibilities—
(a) the Commissioner;
(b) a spouse of the Commissioner;
(c) a parent of the Commissioner or the Commissioner’s spouse;
(d) a grandparent of the Commissioner or the Commissioner’s
spouse;
(e) a brother, sister, nephew or niece of the Commissioner or the
Commissioner’s spouse;
(f) a child of the Commissioner or the Commissioner’s spouse;
(g) a grandchild of the Commissioner or the Commissioner’s
spouse;
(h) the spouse of any person mentioned in paragraphs (c) to (g).
(3) In this section—
spouse includes de facto partner and civil partner.
12 Regulations
The Regulations made under the AIC Act do not apply.
Application of FOI Act Part 4
Section 13
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Part 4 Application of FOI Act
13 Application of FOI Act
For the purposes of section 215(2)(c) of the Law, this Part sets out
modifications of the FOI Act as it applies as a law of a participating
jurisdiction for the purposes of the national registration and
accreditation scheme.
14 References in FOI Act to particular terms
The FOI Act applies as if—
(a) a reference to the Ombudsman were a reference to the National
Health Practitioner Ombudsman; and
(b) a reference to the Commonwealth or the Government of the
Commonwealth (other than a reference relating to a matter
affecting the security of the Commonwealth, defence,
international relations or the national economy) were a reference
to a participating jurisdiction or the Government of a
participating jurisdiction; and
(c) a reference to the Parliament were a reference to a relevant
Parliament; and
(d) a reference to the Federal Court were a reference to the Supreme
Court, or another court of competent jurisdiction, of a
participating jurisdiction; and
(e) a reference to the Minister responsible for administering the Act
or the responsible Minister for an agency were a reference to a
member of the Ministerial Council nominated by the Ministerial
Council; and
(f) a reference to relations, arrangements or communications
between the Commonwealth and a State included a reference to
relations, arrangements or communications between States; and
Part 4 Application of FOI Act
Section 15
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(g) a reference to any other office holder or body of the
Commonwealth (other than a reference to the Inspector-General
of Intelligence and Security) were a reference to the equivalent
office holder or body of a participating jurisdiction; and
(h) a reference to a security clearance at an appropriate level were a
reference to a security clearance at a level the National Health
Practitioner Privacy Commissioner considers appropriate.
15 Modifications relating to National Agency and National
Boards
The FOI Act applies as if it were modified to provide that—
(a) it applies only in relation to agencies; and
(b) the agencies are—
(ii) the National Agency; and
(iii) the Agency Board; and
(iv) each of the National Boards; and
(c) a reference in the Act to the principal officer of an agency is a
reference to—
(ii) for the National Agency, the chief executive officer of the
National Agency; and
(iii) for the Agency Board, the Chairperson of the Agency
Board; and
(iv) for a National Board, the Chairperson of the National
Board; and
(d) the requirement for an agency to publish the information
mentioned in section 8(2) of the Act is a requirement for the
agency to publish the information by 1 June 2019; and
Application of FOI Act Part 4
Section 16
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(e) the requirement for an agency to publish details of the
appointment of officers of the agency does not apply; and
(f) the requirement to first complete a review of the operation in an
agency of the information publication scheme is a requirement
for the review to be complete by 1 June 2024.
16 Modifications relating to reports prepared by National
Health Practitioner Privacy Commissioner
The FOI Act applies as if it were modified to provide that—
(a) a reference in the Act to a report mentioned in the AIC Act,
section 30 were a reference to the annual report mentioned in
section 10; and
(b) the National Health Practitioner Privacy Commissioner may, for
the purposes of preparing the annual report, require an agency
to provide information to the Commissioner that the
Commissioner reasonably requires to prepare the annual report.
17 Modifications relating to Administrative Appeals Tribunal
The FOI Act applies as if it were modified to provide that—
(a) a reference to the Administrative Appeals Tribunal were a
reference to a relevant tribunal; and
(b) a provision of the Administrative Appeals Tribunal Act 1975
does not apply.
18 Modifications relating to Part VII of the FOI Act
The FOI Act applies as if it were modified to provide that Part VII of
the Act commences on l February 2019.
Part 4 Application of FOI Act
Section 19
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19 Miscellaneous modifications
The FOI Act applies—
(a) as if the requirement for a payment to be made by the
Commonwealth were a requirement for a payment to be made
by the National Agency from the Agency Fund; and
(b) as if it were modified to provide that—
(i) the provisions of the Act relating to the constitution of a
tribunal do not apply to the extent that the provisions relate
to the Tasmanian Magistrates Court (Administrative
Appeals Division); and
(ii) the Tasmanian Magistrates Court (Administrative Appeals
Division) must include a member who is a magistrate for
the purposes of a hearing of a proceeding referred to in
section 58B(1) of the Act; and
(c) as if it were modified so that Part VIIB, Division 3 of the Act
does not apply; and
(d) as if it were modified so that the provisions of the Act relating
to any of the following do not apply—
(i) the Federal Court of Australia Act 1976;
(ii) a review of the operations of the Act;
(iii) determinations by the Federal Circuit Court of Australia;
and
(e) with any other modifications that are necessary.
20 Regulations
The Regulations made under the FOI Act, other than the provisions
providing for fees and charges, do not apply.
Application of FOI Act Part 4
Section 22
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22 Transitional provision for current obligation to publish
information
(1) If, immediately before the commencement of this section, an agency
was required to publish information mentioned in section 15(e) of a
repealed Regulation, the requirement continues until the end of
31 May 2019.
(2) In this section—
repealed Regulation means—
(a) the Health Practitioner Regulation National Law Regulation; or
(b) the Health Practitioner Regulation National Law Regulation as
applied by the Health Practitioner Regulation National Law
(WA) Regulations 2010.
Part 5 Application of Ombudsman Act
Section 23
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Part 5 Application of Ombudsman Act
23 Who is an agency service provider
(1) A person is an agency service provider if the person enters into a
contract with the National Agency to provide goods or services for or
on behalf of the National Agency to another person who is not a
department of a participating jurisdiction, prescribed authority or the
government of a participating jurisdiction.
(2) A person is also an agency service provider if—
(a) the person enters into a contract (the subcontract) with an
agency service provider mentioned in subsection (1) (the head
contractor); and
(b) under the subcontract, the person provides, for or on behalf of
the head contractor, the goods or services the head contractor is
to provide under a contract mentioned in subsection (1).
24 Application of Ombudsman Act
For the purposes of section 235(2)(b) of the Law, this Part sets out
modifications of the Ombudsman Act as it applies as a law of a
participating jurisdiction for the purposes of the national registration
and accreditation scheme.
25 References in Ombudsman Act to particular terms
The Ombudsman Act applies as if—
(a) a reference to the Minister or the responsible Minister were a
reference to a member of the Ministerial Council nominated by
that Council; and
(b) a reference to the Governor-General were a reference to the
Ministerial Council; and
Application of Ombudsman Act Part 5
Section 26
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(c) a reference to the Information Commissioner were a reference
to the National Health Practitioner Privacy Commissioner; and
(d) a reference to the Commonwealth or the Government of the
Commonwealth were a reference to a participating jurisdiction
or the Government of a participating jurisdiction; and
(e) a reference to the Prime Minister were a reference to a member
of the Ministerial Council nominated by that Council; and
(f) a reference to the Parliament were a reference to a relevant
Parliament; and
(g) a reference to the Administrative Appeals Tribunal were a
reference to a relevant tribunal; and
(h) a reference to the Federal Court were a reference to the Supreme
Court, or another court of competent jurisdiction, of a
participating jurisdiction; and
(i) a reference to any other office holder or body of the
Commonwealth were a reference to the equivalent office holder
or body of a participating jurisdiction; and
(j) a reference to a Commonwealth service provider were a
reference to an agency service provider; and
(k) a reference to an arrangement or communication between a
Commonwealth Minister and a Minister of a State or Territory
included a reference to an arrangement or communication
between Ministers of States and Territories.
26 Modifications relating to National Agency and National
Boards
The Ombudsman Act applies as if it were modified to provide that—
(a) it applies only in relation to—
(i) prescribed authorities; and
Part 5 Application of Ombudsman Act
Section 26
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(ii) agency service providers; and
(b) the prescribed authorities are—
(ii) the National Agency; and
(iii) the Agency Board; and
(iv) each of the National Boards; and
(v) each accreditation authority; and
(vi) if the National Board appoints a person to conduct an
examination or assessment of an individual under
sections 54 or 59 of the Law—the person; and
(vii) if the National Board appoints a person to conduct an
examination or assessment of an applicant for registration
under section 80(3)(a) of the Law—the person; and
(viii) a specialist medical college in relation to an approved
program of study provided by the college; and
(c) the following are not listed entities for the purposes of the Public
Governance, Performance and Accountability Act 2013—
(i) the National Health Practitioner Ombudsman;
(ii) a prescribed authority; and
(d) a reference in the Act to the principal officer of a prescribed
authority is a reference to—
(ii) for the National Agency, the chief executive officer of the
National Agency; and
(iii) for the Agency Board, the Chairperson of the Agency
Board; and
(iv) for a National Board, the Chairperson of the National
Board; and
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(v) for an accreditation committee—the Chairperson of the
committee; and
(vi) for an external accreditation entity—the chief executive
officer of the entity; and
(vii) for a prescribed authority specified in paragraph (b)(vi)
or (vii)—the chief executive officer of the authority; and
(viii) for a specialist medical college specified in
paragraph (b)(viii)—
(A) the chief executive officer of the college; or
(B) if there is no chief executive officer—the president
of the college.
Note As the Act applies only in relation to the National Agency, the Agency
Board, National Boards, accreditation authorities, entities appointed to
conduct certain examinations or assessments and specialist medical
colleges in certain circumstances, certain provisions of the Act,
including, for example, provisions providing for the Defence Force
Ombudsman and Postal Industry Ombudsman do not apply.
27 Modifications relating to appointment of National Health
Practitioner Ombudsman and staff
The Ombudsman Act applies as if it were modified—
(a) so that the provisions of the Act providing for the appointment
of the Ombudsman and the conditions of service of the
Ombudsman (other than the provisions providing for the
appointment of an acting Ombudsman) do not apply; and
(b) so that the provisions of the Act providing for the appointment
of a deputy Ombudsman do not apply; and
(c) so that the provisions of the Act relating to the removal and
retirement of the Ombudsman on the grounds of invalidity do
not apply; and
Part 5 Application of Ombudsman Act
Section 28
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(d) to provide that the National Health Practitioner Ombudsman is
appointed with the remuneration, and on the terms and
conditions, decided by the Ministerial Council; and
(e) so that the National Health Practitioner Ombudsman may—
(i) be suspended from office by the Ministerial Council
without the need for a statement of the grounds of the
suspension to be laid before a relevant Parliament; and
(ii) be removed from office by the Ministerial Council on the
ground of misbehaviour or physical or mental incapacity
without the need for an address being presented to a
relevant Parliament; and
(f) to provide that the National Health Practitioner Ombudsman
may, for the purposes of performing the Ombudsman’s
functions or powers—
(i) employ staff in a way the Ombudsman considers
appropriate; and
(ii) engage contractors or consultants in a way the Ombudsman
considers appropriate; and
(iii) enter into arrangements with another entity relating to the
provision of staff or other resources by that entity to the
Ombudsman; and
(iv) delegate all or any of the functions or powers to any person
the Ombudsman considers appropriate.
28 Modifications about financial matters
The Ombudsman Act applies as if it were modified to provide that the
National Health Practitioner Ombudsman must—
(a) ensure the Ombudsman’s operations are carried out efficiently,
effectively and economically; and
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(b) keep proper books and records in relation to the funds held by
the Ombudsman; and
(c) ensure expenditure is made from the funds held by the
Ombudsman only for lawful purposes and, as far as possible,
reasonable value is obtained for amounts expended from the
funds; and
(d) ensure the Ombudsman’ s procedures, including internal control
procedures, afford adequate safeguards with respect to—
(i) the correctness, regularity and propriety of payments made
from the funds held by the Ombudsman; and
(ii) receiving and accounting for payments made to the
Ombudsman; and
(iii) prevention of fraud or mistake; and
(e) take any action necessary to ensure the preparation of accurate
financial statements in accordance with Australian Accounting
Standards for inclusion in the annual report mentioned in
section 29; and
(f) take any action necessary to facilitate the audit of the financial
statements; and
(g) arrange for any further audit by a qualified person of records
kept by the Ombudsman in relation to the funds held by the
Ombudsman, if directed to do so by the Ministerial Council.
29 Modifications about financial matters
The Ombudsman Act applies as if it were modified to provide that—
(a) the National Health Practitioner Ombudsman must, within
3 months after the end of each financial year, submit an annual
report for the financial year to the Ministerial Council; and
Part 5 Application of Ombudsman Act
Section 30
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(b) the annual report must include—
(i) a financial statement for the period to which the report
relates that—
(A) has been prepared in accordance with Australian
Accounting Standards; and
(B) has been audited by the Auditor-General (however
described) of a State or Territory, or an auditor
employed, appointed or otherwise engaged by an
Auditor-General; and
(ii) a report about the performance of the Ombudsman’s
functions under the Act during the period to which the
report relates; and
(c) each member of the Ministerial Council must lay a copy of the
annual report before each House of the Parliament of the
jurisdiction the member represents.
30 Miscellaneous modifications
The Ombudsman Act applies—
(a) as if it were modified so that provisions of the Act relating to the
Integrity Commissioner do not apply; and
(b) as if the requirement to give a report under the Public
Governance, Performance and Accountability Act 2013,
section 46 does not apply; and
(c) as if the requirement to observe confidentiality under the Act—
(i) applies to any person performing functions under the Act;
but
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(ii) does not prevent a member of the Ministerial Council
making a record of, or divulging or communicating to
another member of the Ministerial Council, information
acquired by the member in performing functions under the
Act; and
(d) with any other modifications that are necessary.
31 Regulations
The Regulations made under the Ombudsman Act, other than
provisions providing for witness expenses, do not apply.
Part 6 Application of Privacy Act
Section 32
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Part 6 Application of Privacy Act
32 Who is a contracted service provider
(1) A person is a contracted service provider if the person enters into a
contract with the National Agency to provide services to the National
Agency.
(2) A person is also a contracted service provider if—
(a) the person enters into a contract (the subcontract) with a
contracted service provider mentioned in subsection (1) (the
head contractor); and
(b) under the subcontract, the person provides, for or on behalf of
the head contractor, the services the head contractor is to provide
under a contract mentioned in subsection (1).
33 Application of Privacy Act
For the purposes of section 213(2)(b) of the Law, this Part sets out
modifications of the Privacy Act as it applies as a law of a
participating jurisdiction for the purposes of the national registration
and accreditation scheme.
34 References in Privacy Act to particular terms
The Privacy Act applies as if—
(a) a reference to the Ombudsman were a reference to the National
Health Practitioner Ombudsman; and
(b) a reference to the Minister or the Minister responsible for the
agency were a reference to a member of the Ministerial Council
nominated by that Council; and
(c) a reference to the Commonwealth or the Government of the
Commonwealth were a reference to a participating jurisdiction
or the Government of a participating jurisdiction; and
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(d) a reference to the Parliament were a reference to a relevant
Parliament; and
(e) a reference to the Administrative Appeals Tribunal were a
reference to a relevant tribunal; and
(f) a reference to the Federal Court were a reference to the Supreme
Court, or another court of competent jurisdiction, of a
participating jurisdiction; and
(g) a reference to the Federal Circuit Court were a reference to the
Magistrates Court or the Local Court of a participating
jurisdiction; and
(h) a reference to any other office holder or body of the
Commonwealth were a reference to the equivalent office holder
or body of a participating jurisdiction; and
(i) a reference to a Commonwealth enactment included a reference
to a law of a participating jurisdiction; and
(j) references to arrangements or communications between a
Minister of the Commonwealth and a Minister of a State
included references to arrangements or communications
between Ministers of States.
35 Modifications relating to National Agency and National
Boards
The Privacy Act applies as if it were modified so that—
(a) it applies only in relation to—
(i) agencies; and
(ii) contracted service providers; and
(b) the agencies are—
(i) the Advisory Council; and
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(ii) the National Agency; and
(iii) the Agency Board; and
(iv) each of the National Boards; and
(v) each accreditation authority; and
(vi) if the National Board appoints a person to conduct an
examination or assessment of an individual under
sections 54 or 59 of the Law—the person; and
(vii) if the National Board appoints a person to conduct an
examination or assessment of an applicant for registration
under section 80(3)(a) of the Law—the person; and
(viii) a specialist medical college in relation to an approved
program of study provided by the college; and
(c) a reference in the Act to the principal executive of an agency is
a reference to—
(i) for the Advisory Council, the Chairperson of the Advisory
Council; and
(ii) for the National Agency, the chief executive officer of the
National Agency; and
(iii) for the Agency Board, the Chairperson of the Agency
Board; and
(iv) for a National Board, the Chairperson of the National
Board; and
(v) for an accreditation committee—the Chairperson of the
committee; and
(vi) for an external accreditation entity—the chief executive
officer of the entity; and
(vii) for an agency specified in paragraph (b)(vi) or (vii)—
the chief executive officer of the agency; and
Application of Privacy Act Part 6
Section 36
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(viii) for a specialist medical college specified in
paragraph (b)(viii)—
(A) the chief executive officer of the college; or
(B) if there is no chief executive officer—the president of
the college.
Note As the Act applies only in relation to agencies (that is, the National
Agency, the Agency Board, National Boards, accreditation authorities,
entities appointed to conduct certain examinations or assessments and
specialist medical colleges in certain circumstances) and contracted
service providers, provisions of the Act dealing with organisations (other
than to the extent the provisions relate to contracted service providers) do
not apply.
36 Modifications about financial matters
The Privacy Act applies as if it were modified to provide that the
National Health Practitioner Privacy Commissioner must—
(a) ensure the Commissioner’s operations are carried out
efficiently, effectively and economically; and
(b) keep proper books and records in relation to the funds held by
the Commissioner; and
(c) ensure expenditure is made from the funds held by the
Commissioner only for lawful purposes and, as far as possible,
reasonable value is obtained for amounts expended from the
funds; and
(d) ensure the Commissioner’s procedures, including internal
control procedures, afford adequate safeguards with respect to—
(i) the correctness, regularity and propriety of payments made
from the funds held by the Commissioner; and
(ii) receiving and accounting for payments made to the
Commissioner; and
Part 6 Application of Privacy Act
Section 37
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(iii) prevention of fraud or mistake; and
(e) take any action necessary to ensure the preparation of accurate
financial statements in accordance with Australian Accounting
Standards for inclusion in the Commissioner’s annual report;
and
(f) take any action necessary to facilitate the audit of the financial
statements; and
(g) arrange for any further audit by a qualified person of records
kept by the Commissioner in relation to the funds held by the
Commissioner, if directed to do so by the Ministerial Council.
37 Modifications about public interest determinations
The Privacy Act applies as if it were modified to provide that the
National Health Practitioner Privacy Commissioner must—
(a) the requirement for the National Health Practitioner Privacy
Commissioner to make a public interest determination by
legislative instrument does not apply; and
(b) if the National Health Practitioner Privacy Commissioner makes
a public interest determination, the Commissioner must, as soon
as practicable after making the determination, notify the
Ministerial Council in writing of the determination; and
(c) a public interest determination commences on—
(i) the day stated in the determination (being not earlier than
the day the determination is registered); or
(ii) if no day is stated in the determination, the day that is 1 day
after the day the determination is registered; and
(d) the National Health Practitioner Privacy Commissioner must
make the register of determinations available on the
Commissioner’s website; and
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(e) the provisions of the Act providing for charging fees for making
the register available to the public do not apply; and
(f) unless a contrary intention appears in a public interest
determination, an expression used in the determination that is
also used in the Act has the same meaning in the determination
as the expression has in the Act; and
(g) sections 246 and 247 of the Law apply to a public interest
determination as if it were a regulation (other than to the extent
the determination is in force in Western Australia); and
(h) to the extent a public interest determination is in force in
Western Australia, section 42 of the Interpretation Act 1984 of
Western Australia applies to the determination as if—
(i) the determination were a regulation; and
(ii) the requirement in section 42(1) to lay the determination
before each House of Parliament were a requirement to lay
the determination before each House of Parliament within
18 sitting days of that House after the day the
determination is registered.
38 Miscellaneous modifications
The Privacy Act applies—
(a) as if the requirement for a payment to be made by the
Commonwealth were a requirement for a payment to be made
by the National Agency from the Agency Fund; and
(b) as if it were modified so that the National Health Practitioner
Privacy Commissioner’s power to authorise persons to enter
premises occupied by an agency and inspect documents extends
to a power to authorise any person the Commissioner considers
appropriate; and
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Section 39
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(c) as if it were modified so that the provisions of the Act relating
to the any of the following do not apply—
(i) the establishment of the Privacy Advisory Committee;
(ii) emergencies and disasters, tax file numbers, credit
reporting and credit providers;
(iii) making guidelines about medical research, health
information and genetic information;
(iv) privacy codes;
(v) monitoring related functions;
(vi) guidance related functions (other than the functions
relating to promoting an understanding and acceptance of
the Australian Privacy Principles and the objects of those
principles);
(vii) the Anti-Money Laundering and Counter-Terrorism
Financing Act 2006, the Data-matching Program
(Assistance and Tax) Act 1990, the Healthcare Identifiers
Act 2010 and the National Health Act 1953; and
(d) with any other modifications that are necessary.
39 Regulations
The Regulations made under the Privacy Act do not apply.
Miscellaneous Part 7
Section 40
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Part 7 Miscellaneous
40 Transition period in relation to professional indemnity
insurance arrangements for midwives practising private
midwifery
For the purposes of section 284(3)(b) of the Law, the transition period
ends on 31 December 2026.
41 Prescribed participation day for registration in
paramedicine
For the purposes of section 306 of the Law, definition participation
day, the prescribed participation day is 1 December 2018.
41A Prescribed qualification for general registration in
paramedicine
For the purposes of section 312(5)(d)(i) of the Law, the Diploma of
Emergency Health Care is prescribed.
Part 8 Transitional and repeal
Division 1 Repeal
Section 42
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Part 8 Transitional and repeal
Division 1 Repeal
42 Regulations repealed
The following Regulations are repealed—
(a) the Health Practitioner Regulation National Law Regulation;
(b) the Health Practitioner Regulation National Law (WA)
Regulations 2010.
Division 2 Transitional provisions
43 Definitions for Division
In this Division—
applied FOI Act means the FOI Act as it applies as a law of a
participating jurisdiction under Part 4.
commencement means the commencement of this Division.
previously applied FOI Act means the FOI Act as it applied as a law
of a participating jurisdiction under a repealed Regulation.
repealed Regulation means—
(a) the Health Practitioner Regulation National Law Regulation; or
(b) the Health Practitioner Regulation National Law Regulation as
applied by the Health Practitioner Regulation National Law
(WA) Regulations 2010.
Transitional and repeal Part 8
Transitional provisions Division 2
Section 44
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44 Transitional provision for continued Boards
To remove any doubt, it is declared that—
(a) anything started by a National Board before commencement
may be completed by the Board as continued in existence under
section 4;
(b) a decision of a National Board before commencement is a
decision of the Board as continued in existence under section 4;
(c) anything else done by a National Board before commencement
is taken to have been done by the Board as continued in
existence under section 4.
45 Continuation of existing appointment and employment of
National Health Practitioner Privacy Commissioner
(1) The existing appointment of the National Health Practitioners Privacy
Commissioner under section 5(b) of the repealed Regulations
continues as the appointment of the National Health Practitioner
Privacy Commissioner under this Regulation—
(a) for the remainder of the term of appointment to which the
National Health Practitioners Privacy Commissioner was
subject under the repealed Regulations; and
(b) with the conditions imposed under the repealed Regulations.
(2) This section does not prevent the Ministerial Council from varying a
condition imposed on the appointment of the National Health
Practitioner Privacy Commissioner during the term of the
appointment.
Part 8 Transitional and repeal
Division 2 Transitional provisions
Section 46
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46 Continuation of existing appointment and employment of
National Health Practitioner Ombudsman
(1) The existing appointment of the National Health Practitioners
Ombudsman under section 22(b) of the repealed Regulations
continues as the appointment of the National Health Practitioner
Ombudsman under this Regulation—
(a) for the remainder of the term of appointment to which the
National Health Practitioners Ombudsman was subject under
the repealed Regulations; and
(b) with the conditions imposed under the repealed Regulations.
(2) This section does not prevent the Ministerial Council from varying a
condition imposed on the appointment of the National Health
Practitioner Ombudsman during the term of the appointment.
47 Acting Commissioner under the Privacy Act
(1) Subsection (2) applies to a person who, immediately before the
commencement, held an appointment as acting Commissioner under
the Privacy Act.
(2) The person continues as the acting National Health Practitioner
Privacy Commissioner under the AIC Act.
48 Applications for access to a document
(1) This section applies if—
(a) before the commencement, an application was made for access
to a document under the previously applied FOI Act; and
(b) the application was not decided or withdrawn before the
commencement.
(2) The application must be decided under Part III of the applied FOI Act.
Transitional and repeal Part 8
Transitional provisions Division 2
Section 49
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49 Applications for internal review of access refusal
decision
(1) This section applies if—
(a) before the commencement, an application was made for internal
review of an access refusal decision under the previously
applied FOI Act; and
(b) the application was not decided or withdrawn before the
commencement.
(2) The application must be decided under Part VI of the applied FOI
Act.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Health Practitioner Regulation National Law Regulation 2018 SR No
166/2018 (Vic)
made 12 October 2018 (Vic Gaz 2018 No S482)
s 41 commenced 18 October 2018 (s 2 (2) (b) and Vic Gaz 2018
No S485)
remainder commenced 1 December 2018 (s 2 (1))
as amended by
Health Practitioner Regulation National Law Amendment
(Miscellaneous) Regulation 2019 SR No 141/2019 (Vic)
made 1 November 2019 (Vic Gaz 2019 No S523)
commenced 16 December 2019 (s 2 (b) and Vic Gaz 2019 No S533)
Health Practitioner Regulation National Law Amendment
(Professional Indemnity Insurance) Regulation 2021 SR No 157/2021
(Vic)
made 6 December 2021 (Vic Gaz 2021 No S698)
commenced 10 December 2021 (s 2 (b) and Vic Gaz 2021 No S704)
Health Practitioner Regulation National Law Amendment
Regulation 2022 SR No 1/2023 (Vic)
made 14 December 2022 (Vic Gaz 2023 No S20)
commenced 30 January 2023 (s 2 (b) and Vic Gaz 2023 No S21)
Health Practitioner Regulation National Law Amendment
(Paramedicine Qualification) Regulation 2022 SR No 2/2023 (Vic)
made 14 December 2022 (Vic Gaz 2023 No S20)
commenced 30 January 2023 (s 2 (b) and Vic Gaz 2023 No S21)
Health Practitioner Regulation National Law Amendment
(Professional Indemnity Insurance) Regulation 2023 SR No 127/2023
(Vic)
made 10 November 2023 (Vic Gaz 2023 No S663)
commenced 8 December 2023 (s 2 (b) and Vic Gaz 2023 No S665)
Endnotes
3 Legislation history
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Health Practitioner Regulation National Law Amendment
(Professional Indemnity Insurance) Regulation 2025 SR No 26/2025
(Vic)
made 1 May 2025 (Vic Gaz 2025 No S228)
commenced 13 May 2025 (s 2 and Vic Gaz 2025 No S230)
Endnotes
Amendment history 4
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4 Amendment history
Definitions
s 3 def relevant tribunal am SR No 1/2023 (Vic) s 1
Modifications relating to National Agency and National Boards
s 15 am SR No 1/2023 (Vic) s 2
Transitional provision for existing right of review by Administrative Appeals
Tribunal
s 21 exp 1 February 2019 (s 21 (4))
Transitional provision for current obligation to publish information
s 22 am SR No 141/2019 (Vic) s 4
Modifications relating to National Agency and National Boards
s 26 SR No 1/2023 (Vic) s 3
Modifications relating to National Agency and National Boards
s 35 am SR No 1/2023 (Vic) s 4
Transition period in relation to professional indemnity insurance
arrangements for midwives practising private midwifery
s 40 am SR No 141/2019 (Vic) s 5; SR No 157/2021 (Vic) s 4; SR
No 127/2023 (Vic) s 4; SR No 26/2025 (Vic) s 4
Prescribed qualification for general registration in paramedicine
s 41A ins SR No 2/2023 (Vic) s 4
Definitions for Division
s 43 def repealed Regulation am SR No 141/2019 (Vic) s 6
Endnotes
5 Earlier republications
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
1 Dec 2018
1 Dec 2018–
1 Feb 2019
not amended new regulation
R2
7 Feb 2019
2 Feb 2019–
15 Dec 2019
not amended expiry of
transitional
provision (s 21)
R3
16 Dec 2019
16 Dec 2019–
29 Jan 2023
Statutory Rule No
141/2019 (Vic)
amendments by
Statutory Rule No
141/2019 (Vic)
R4
10 Dec 2021
10 Dec 2021–
29 Jan 2023
Statutory Rule No
157/2021 (Vic)
amendments by
Statutory Rule No
157/2021 (Vic)
R5
30 Jan 2023
30 Jan 2023–
7 Dec 2023
Statutory Rule No
2/2023 (Vic)
amendments by
Statutory Rule No
1/2023 (Vic) and
Statutory Rule No
2/2023
R6
13 Dec 2023
8 Dec 2023–
12 May 2025
Statutory Rule No
127/2023 (Vic)
amendments by
Statutory Rule No
127/2023 (Vic)
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