Health Practitioner Regulation National Law Regulation (Western Australia)

Mechanically, the Health Practitioner Regulation National Law Regulation (Western Australia) (the Regulation) gives effect, for Western Australia, to the Health Practitioner Regulation National Regulation as subsidiary legislation under the Health Practitioner Regulation National Law Application Act 2024 (the WA Application Act). The Regulation does four families of things.

It continues the set of National Boards for particular health professions in Western Australia (see section 4) and prescribes the public national registers those Boards must keep (see section 5).
It imports and modifies parts of four Commonwealth Acts so that selected functions of those Acts operate in the context of the national registration and accreditation scheme as applied in participating jurisdictions: the Australian Information Commissioner Act 2010 (AIC Act) (Part 3, sections 6-12), the Freedom of Information Act 1982 (FOI Act) (Part 4, sections 13-22, 43), the Ombudsman Act 1976 (Part 5, sections 23-31), and the Privacy Act 1988 (Part 6, sections 32-39). The Regulation sets out detailed textual adjustments for references, excluded provisions, and procedural differences.
It prescribes a small number of profession‑specific transitional and technical matters: an extended transition period for professional indemnity insurance arrangements for midwives practising private midwifery (regulation 40), the participation day and a prescribed qualification for registration in paramedicine (regulations 41 and 41A), and repeal and transitional machinery for the previous state regulations (Part 8, regulations 42-49).
It limits the operation of many provisions and subordinate instruments that would otherwise apply under the four Commonwealth Acts by specifying which provisions and regulations do not apply, and by substituting alternative governance arrangements under the Ministerial Council and the National Agency (for example, see sections 8, 11, 12, 15(d)-(f), 19, 27, 30, 31, 37 and 39).

CrestWestern Australia

Health Practitioner Regulation National Law Application Act 2024

Note:

The Health Practitioner Regulation National Law Regulation 2018 (the national regulation as made under section 245 of the Health Practitioner Regulation National Law) applies as subsidiary legislation of Western Australia under the Health Practitioner Regulation National Law Application Act 2024 (the WA Application Act) s. 12.

Amendments to the national regulation are made by the Ministerial Council (currently known as the Health Ministers’ Meeting), and published by the Victorian Government Printer. Amendments made in this way also amend the national regulation as it applies in Western Australia, subject to the WA Application Act sections 13, 14 and 16.

This version is the national regulation as it applies in Western Australian as at the date specified below. The regulation may be cited as the Health Practitioner Regulation National Law Regulation (Western Australia).

Western Australia

Health Practitioner Regulation National Law Regulation (Western Australia)

Contents

Part 1 — Preliminary

Short title 1
Commencement 1
Definitions 1

Part 2 — National Boards and registers

National Boards for health professions 4
National Boards required to keep public national registers 5

Part 3 — Application of AIC Act

Application of AIC Act 7
References in AIC Act to particular terms 7
Modifications relating to appointment of National Health Practitioner Privacy Commissioner and staff 7
Modifications about financial matters 8
Modifications about annual report 9
Miscellaneous modifications 10
Regulations 12

Part 4 — Application of FOI Act

Application of FOI Act 13
References in FOI Act to particular terms 13
Modifications relating to National Agency and National Boards 14
Modifications relating to reports prepared by National Health Practitioner Privacy Commissioner 15
Modifications relating to Administrative Appeals Tribunal 15
Modifications relating to Part VII of the FOI Act 15
Miscellaneous modifications 15
Regulations 16
Transitional provision for existing right of review by Administrative Appeals Tribunal 16
Transitional provision for current obligation to publish information 17

Part 5 — Application of Ombudsman Act

Who is an agency service provider 18
Application of Ombudsman Act 18
References in Ombudsman Act to particular terms 18
Modifications relating to National Agency and National Boards 19
Modifications relating to appointment of National Health Practitioner Ombudsman and staff 21
Modifications about financial matters 23
Modifications about annual report 24
Miscellaneous modifications 24
Regulations 25

Part 6 — Application of Privacy Act

Who is a contracted service provider 26
Application of Privacy Act 26
References in Privacy Act to particular terms 26
Modifications relating to National Agency and National Boards 27
Modifications about financial matters 29
Modifications about public interest determinations 30
Miscellaneous modifications 31
Regulations 32

Part 7 — Miscellaneous

Transition period in relation to professional indemnity insurance arrangements for midwives practising private midwifery 33
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

Regulations repealed 34

Division 2 — Transitional provisions

Definitions for Division 34
Transitional provision for continued Boards 35
Continuation of existing appointment and employment of National Health Practitioner Privacy Commissioner 35
Continuation of existing appointment and employment of National Health Practitioner Ombudsman 36
Acting Commissioner under the Privacy Act 36
Applications for access to a document 36
Applications for internal review of access refusal decision 37

Notes

Compilation table 38

Other notes 38

Defined terms

Health Practitioner Regulation National Law Application Act 2024

Health Practitioner Regulation National Law Regulation (Western Australia)

Part 1 — Preliminary

1. Short title

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

[Editorial note:

This regulation applies as subsidiary legislation in Western Australia under the Health Practitioner Regulation National Law Application Act 2024 section 12.]

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.

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;

(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;

(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.

[Section 3 amended: Gazette 2 Feb 2023 p. 116.]

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<br>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

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<br>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

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

(d) a reference to an annual report were a reference to the annual report mentioned in section 10.

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.

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.

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

(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

(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.

(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;

(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.

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

(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

(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 —

[(i) omitted]

(ii) the National Agency; and

(iii) the Agency Board; and

(iv) each of the National Boards; and

[(i) omitted]

(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

(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.

[Section 15 amended: Gazette 2 Feb 2023 p. 116.]

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 1 February 2019.

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

(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.

21. Transitional provision for existing right of review by Administrative Appeals Tribunal

(1) This section applies if, immediately before the commencement —

(a) a person had a right to have a decision reviewed by the Administrative Appeals Tribunal under the FOI Act; and

(b) the person had not yet applied for a review of the decision.

(2) Despite section 57A of the FOI Act —

(a) the person may apply to a relevant tribunal under Part VIIA of the FOI Act to review the decision; and

(b) the application is taken to be an application to the relevant tribunal under section 57A of the FOI Act.

(3) In applying Part VIIA, Part VIIA must be read with any necessary changes to give practical effect to the review of the decision.

(4) This section expires on 1 February 2019.

(5) In this section —

commencement means the commencement of this section.

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.

[Section 22 amended: Gazette 17 Dec 2019 p. 4364.]

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

(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

(ii) agency service providers; and

(b) the prescribed authorities are —

[(i) omitted]

(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 —

[(i) omitted]

(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 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 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, certain provisions of the Act, including, for example, provisions providing for the Defence Force Ombudsman and Postal Industry Ombudsman do not apply.

[Section 26 amended: Gazette 2 Feb 2023 p. 116 and 117.]

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

(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

(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

(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 annual report

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

(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

(i) applies to any person performing functions under the Act; but

(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

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

(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

(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

(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 Management Committee; 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

(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.

[Section 35 amended: Gazette 2 Feb 2023 p. 117.]

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

(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 was modified to provide that —

(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

(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

(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

(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.

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.

[Section 40 amended: Gazette 17 Dec 2019 p. 4364; 13 Dec 2021 p. 5490; SL 2023/189 r. 4; SL 2025/73.]

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.

[Section 41A inserted: Gazette 2 Feb 2023 p. 123.]

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.

[Section 43 amended: Gazette 17 Dec 2019 p. 4364.]

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.

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.

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.

View image in the official source

Notes

This is a compilation of the Health Practitioner Regulation National Law Regulation (Western Australia) and includes amendments made by other written laws*.* The Health Practitioner Regulation National Regulation 2018 (the national regulation) are made under section 245 of the Health Practitioner Regulation National Law) and apply as subsidiary legislation of Western Australia under section 12 of the Health Practitioner Regulation National Law (Western Australia) (the WA Application Act).

This is a version of the national regulation as it applies in Western Australia. This version also includes amendments to the national regulation made by the Ministerial Council (currently known as the Health Ministers’ Meeting) under section 245 of the Health Practitioner Regulation National Law), subject to the WA Application Act, sections 13, 14 and 16. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Health Practitioner Regulation National Law Regulation (Western Australia) 1		15 May 2024 (see Health Practitioner Regulation National Law Application Act 2024 s. 43)
Health Practitioner Regulation National Law Amendment (Professional Indemnity Insurance) Regulation 2025	SL 2025/73 13 May 2025	13 May 2025 (see r. 2)

Other notes

1 As at 15 May 2024, when the Health Practitioner Regulation National Regulation 2018 (the national regulation) began to apply as subsidiary legislation of Western Australia, the version of the national regulation that was applied under the WA Application Act section 12 was the national regulation as in force on 8 December 2023.

2 The Health Practitioner Regulation National Law Regulation (Western Australia) has been formatted in accordance with WA drafting style. Editorial notes have been inserted as part of producing this compliation.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

AIC Act 3

applied FOI Act 43

commencement 21(5), 43

FOI Act 3

Gazette 3

National Health Practitioner Ombudsman 3

National Health Practitioner Privacy Commissioner 3

Ombudsman Act 3

previously applied FOI Act 43

Privacy Act 3

relevant Parliament 3

relevant tribunal 3

repealed Regulation 22(2), 43

spouse 11(3)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Health Practitioner Regulation National Law Application Act 2024

Health Practitioner Regulation National Law Regulation (Western Australia)

Note:

Western Australia

Health Practitioner Regulation National Law Regulation (Western Australia)

Contents

Part 1 — Preliminary

Short title 1
Commencement 1
Definitions 1

Part 2 — National Boards and registers

National Boards for health professions 4
National Boards required to keep public national registers 5

Part 3 — Application of AIC Act

Application of AIC Act 7
References in AIC Act to particular terms 7
Modifications relating to appointment of National Health Practitioner Privacy Commissioner and staff 7
Modifications about financial matters 8
Modifications about annual report 9
Miscellaneous modifications 10
Regulations 12

Part 4 — Application of FOI Act

The Regulation rests on a small set of recurring structural devices and terms that determine how national-level statutory schemes operate in Western Australia.

National Agency, Agency Board and National Boards. The Regulation assumes a national organisational architecture made up of a National Agency and an Agency Board together with individual National Boards for named health professions. Section 4 lists the continued National Boards (15 distinct boards, including Medical, Nursing and Midwifery, Dental, Pharmacy, Psychology, Paramedicine and others). Section 5 prescribes the public national registers each Board must keep. The concept is that the national instruments and these bodies are the operative regulators within WA for the listed professions.
Application-with-modification of Commonwealth Acts. The Regulation applies four Commonwealth statutes as laws of participating jurisdictions but with express textual modifications. Each Part (3-6) is headed by a statement that it “sets out modifications” of the named Commonwealth Act “as it applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme” (see sections 6, 13, 24 and 33). Each Part then gives lists of textual substitutions (for “Ombudsman”, “Minister”, “Commonwealth”, etc.) and exclusions of specified provisions and regulations.
Role of the Ministerial Council. Throughout the modifications the Ministerial Council (the Health Ministers’ Meeting) is allocated key appointment, remuneration, oversight and report-laying functions in place of Commonwealth officeholders. Examples: references to “Minister” are read as references to a member of the Ministerial Council nominated by Council (see sections 7(b), 14(e), 25(a), 34(b)); references to “Governor‑General” are read as references to the Ministerial Council (sections 7(c), 25(b)); and the Ministerial Council determines the remuneration and conditions of appointment of the National Health Practitioner Privacy Commissioner and Ombudsman (see sections 8(b) and 27(d)).
Narrowing and substitution of oversight structures. The Regulation repeatedly excludes or suspends certain Commonwealth Act provisions. Examples include excluding the establishment of the Office of the Australian Information Commissioner and various advisory and promotional functions (s 11(1)(c)(i)-(viii)); excluding much of the FOI Act’s regulations (s 20); excluding regulations under the Ombudsman Act other than witness expenses (s 31); and excluding Privacy Act regulations (s 39). Where certain oversight functions remain, they are shifted into the national scheme (for example an annual report to the Ministerial Council is retained, with auditing by a State or Territory Auditor‑General required, see s 10(b), s 29(b) and s 36(e)).
Definition of private sector service providers in the scheme. The Regulation defines who counts as an “agency service provider” (s 23) for the Ombudsman Act modifications and who counts as a “contracted service provider” (s 32) for the Privacy Act modifications. In both cases head contractor-subcontractor chains are captured to the extent they deliver services under contract to the National Agency.
Treatment of public interest determinations and instruments. The Regulation modifies the Privacy Act so that the National Health Practitioner Privacy Commissioner need not make public interest determinations as legislative instruments, sets rules for commencement and publication of such determinations (s 37), and provides that sections 246 and 247 of the National Law apply to a public interest determination as if it were a regulation (s 37(g)).
Transitional and continuity provisions. The Regulation provides continuity for existing National Boards, appointments, and processes (see Part 8, regs 44-47), and sets transitional timetables for FOI publication obligations (s 15(d), s 22), the commencement of Part VII of the FOI Act (s 18), and a midwifery indemnity transition end date (s 40).

These concepts combine to replace certain Commonwealth-level institutional arrangements with a national-but-jurisdictionally-applied framework that centralises operational control in the Ministerial Council and the National Agency while preserving selected statutory controls (audits, annual reports, FOI and privacy obligations) but in modified form.

The Regulation creates obligations and rights that affect a defined group of public and private actors, both directly and indirectly.

Primary regulated bodies

National Boards named in section 4: 15 boards are continued, including the Medical Board of Australia, Nursing and Midwifery Board of Australia, Pharmacy Board of Australia, Paramedicine Board of Australia, Psychology Board of Australia, and others (s 4). Those Boards must keep the public national registers required in section 5.
National Agency and Agency Board: the FOI, Ombudsman and Privacy Act modifications repeatedly identify the National Agency and Agency Board as central agencies under the applied Acts (see, for example, sections 15(b), 26(b) and 35(b)).
Accreditation authorities and accreditation committees: the Privacy and Ombudsman Act modifications include accreditation authorities and committee chairs among the classes of “agencies” for those Acts (s 26(b)(v); s 35(b)(v)).

Officeholders and statutory officers

National Health Practitioner Privacy Commissioner and National Health Practitioner Ombudsman: the Regulation prescribes appointment, employment and functional modifications for both offices (see s 8 and s 27) and creates reporting and financial responsibilities (s 9-11, s 28-29, s 36).
Chairs, chief executives and principal officers: the Regulation redefines references to “principal officer” or “principal executive” under the applied Acts to be the relevant chairperson, chief executive officer or president (see sections 15(c), 25(d), 34(c), 35(c)). That assigns legal responsibilities to particular incumbent officeholders in the national framework.

Contractors and service providers

Contracted service providers (Privacy Act) and agency service providers (Ombudsman Act): persons and subcontractors who enter into contracts with the National Agency are within the reach of the modified Commonwealth Acts (see sections 23 and 32). That exposes contractors and personnel working for held-in contracts to privacy and Ombudsman-type oversight as modified.

Practitioners and registrants

Registered health practitioners in the professions covered by the continued National Boards are directly affected by registration, public registers and by the operation of the national scheme as applied in WA (see sections 4-5). Obligations such as continuing professional indemnity transitional rules for midwives (s 40) and paramedicine participation day and qualification (ss 41, 41A) affect individual registration entitlements and transitional compliance.

Members of the public

Members of the public who make FOI requests or privacy complaints: the FOI and Privacy Act modifications change applicable review bodies, timetables and the applicable procedures for access requests and internal reviews (see sections 14, 15(d), 16-19, 21-22, 48-49). The Regulation also prescribes the forums for review,relevant tribunals and state Supreme Courts are substituted in places where Federal tribunals or courts would otherwise have been referenced (see sections 14(d), 17(a), 25(g) and 34(e)).

State and Territory governments

Participating jurisdictions’ Ministers and Parliaments: the Ministerial Council structure and the requirement that each member must lay the annual report before the jurisdiction’s Parliament shift the locus of political accountability to state and territory ministers (see sections 10(c) and 29(c)). References to “Parliament” are read as a “relevant Parliament” and to “Governor-General” as the Ministerial Council (see sections 3, 7(c), 14(c), 25(b)).

Who bears compliance costs

The National Agency is repeatedly required to fund payments and meet financial obligations from an Agency Fund (see s 19(a) note and repeated language in Parts 3-6 that payments by the Commonwealth are to be treated as payments by the National Agency from the Agency Fund, see sections 19(a), 38(a)). The Regulation therefore allocates ongoing operational and compliance costs to the national scheme rather than to the Commonwealth.
Contracted service providers must comply with the Privacy Act as modified when providing services to the National Agency (s 32 and s 35).

Who decides disputes and reviews

The Regulation substitutes state and territory relevant tribunals for the Administrative Appeals Tribunal in many FOI and Ombudsman contexts (see sections 14(d), 17(a), 25(g) and Part 4 generally). For judicial review, references to the Federal Court are read as references to the Supreme Court (see sections 14(d), 25(h), 34(f)).

The net effect is that the Regulation reassigns regulatory control and administrative responsibility for a broad national regulatory scheme into a national administrative architecture that relies on the Ministerial Council, National Agency, National Boards and participating jurisdictions’ tribunals and courts, rather than the Commonwealth departmental architecture. The entities that must change behaviour are the National Boards, the National Agency, contracted service providers and those who manage appointments and annual reporting under the modified Acts.

The Regulation creates and clarifies a set of concrete duties, reporting obligations and rights for Boards, officeholders, agencies, contractors and the public. Below are the central duties and rights, with references to the Regulation.

Duties to keep public registers and continue Boards

Each named National Board must be continued in existence (s 4). Each specified Board must keep the public national register(s) listed beside it (s 5). The practical duty is that each Board must maintain and provide access to the register(s) mentioned in s 5.

Financial, accounting and audit duties for Ombudsman and Privacy Commissioner

The National Health Practitioner Privacy Commissioner and the National Health Practitioner Ombudsman must ensure operations are carried out efficiently, effectively and economically; keep proper books and records; ensure expenditure is lawful and obtains reasonable value; and ensure internal controls to guard against fraud or mistake (see s 9(a)-(d) for the Privacy Commissioner and s 28(a)-(d) for the Ombudsman; s 36(a)-(d) repeats financial duties for the Privacy Commissioner as applied under the Privacy Act). These duties create an internal-control and reporting framework similar to public-sector obligations but tailored to the national scheme.

Annual reporting and auditing duties

The Privacy Commissioner and Ombudsman must submit annual reports to the Ministerial Council within three months after the end of each financial year, and those reports must include a financial statement prepared in accordance with Australian Accounting Standards and audited by a State or Territory Auditor‑General or auditor employed by an Auditor‑General (s 10(a)-(b) and s 29(a)-(b); s 36(e) repeats the financial-statement requirement for the Privacy Commissioner). 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 (s 10(c), s 29(c)). That is a clear administrative-duty chain from officeholder to intergovernmental body to state parliaments.

Appointment, suspension and removal mechanics

The Regulation modifies appointment and terms for the Privacy Commissioner and Ombudsman so that those offices are appointed and remunerated on terms decided by the Ministerial Council (see s 8(b) and s 27(d)). The Regulation also provides that the Ministerial Council may suspend the Ombudsman without laying grounds before a Parliament, and may remove the Ombudsman for misbehaviour or incapacity without an address being presented to a Parliament (s 27(e)). For the Privacy Commissioner the Regulations require disclosure of material personal interests (s 11(1)(b)-(2)) and permit appointment of acting information officers without legal qualifications (s 8(c)).

Delegation and staffing powers

Both the Privacy Commissioner and the Ombudsman are permitted to employ staff and engage contractors as they consider appropriate, to enter arrangements with other entities for staff or resources, and to delegate functions or powers broadly (s 8(d)(i)-(iv) and s 27(f)(i)-(iv)). Those modifications grant operational flexibility to the Commissioners.

FOI and review rights, and substituted tribunals

The FOI Act is applied with substitutions: references to the Administrative Appeals Tribunal are read as references to a relevant tribunal (s 17(a)); references to the Federal Court are read as references to the Supreme Court or another court of competent jurisdiction of a participating jurisdiction (s 14(d)). Transitional provisions allow persons with pending AAT review rights, immediately before commencement, to apply to a relevant tribunal under Part VIIA and have Part VIIA read with necessary changes (s 21). The Regulation also contains transitional clauses for FOI applications and internal reviews begun under the previously applied FOI Act (s 48-49), which convert pending matters to the applied FOI Act framework.

Privacy duties and public interest determinations

Under the Privacy Act modifications, contracted service providers and the agencies (which include National Boards, accreditation authorities and certain examiners) are treated as agencies or contracted service providers for the purposes of the Privacy Act (s 35). The Regulation modifies the public interest determination process so the Commissioner need not make determinations as legislative instruments, and requires notification to the Ministerial Council and online publication (s 37(b)-(d)). It also states that, unless a contrary intention appears, expressions used in a determination have the same meaning as in the Act (s 37(f)) and applies parts of the National Law to determinations (s 37(g)).

Obligations around publication and information schemes

The FOI Act modifications include a deadline by which agencies must publish the information mentioned in section 8(2) of the FOI Act, prescribed as 1 June 2019 (s 15(d)), and require a review of the information publication scheme to be completed by 1 June 2024 (s 15(f)). The Regulation also specifies that the requirement for agencies to publish details of the appointment of officers does not apply (s 15(e)), a particular granularity for the publication duty.

Defined roles and substituted references

Throughout the applied Acts, the Regulation replaces Commonwealth officeholder or body references with national equivalents or state/territory equivalents: e.g., “Ombudsman” is read as the National Health Practitioner Ombudsman (s 14(a), s 34(a)); “Minister” is a member of the Ministerial Council nominated by that Council (s 7(b), s 14(e)); “Parliament” is read as a “relevant Parliament” (s 3, s 14(c)); and reference to Federal courts/tribunals is replaced with state and territory courts and “relevant tribunals” (see s 3 and s 14(d)).

Prescribed transitional and registration-related duties

The Regulation prescribes the participation day for paramedicine registration as 1 December 2018 (s 41) and prescribes the Diploma of Emergency Health Care as a qualification for general registration in paramedicine (s 41A). It prescribes the transition period for midwives’ professional indemnity arrangements to end on 31 December 2026 (s 40).

Taken together, these duties and rights allocate administrative responsibilities to national officeholders and National Boards, preserve statutory privacy, FOI and ombudsman protections in modified form, and create new reporting, audit and accountability chains back to the Ministerial Council and respective State and Territory parliaments.

The Regulation itself is primarily an instrument of application and modification: it does not create a new catalogue of criminal offences or express pecuniary penalties within its text. Enforcement and remedies follow from the Commonwealth Acts as applied with modifications and from the National Law itself. The key enforcement and accountability mechanisms are administrative, audit and review pathways rather than newly invented criminal sanctions in the Regulation.

Enforcement and review mechanisms under applied Acts

FOI review and tribunal access. The FOI Act as applied provides review rights, but the Regulation substitutes the Administrative Appeals Tribunal and Federal court references with “relevant tribunals” and state Supreme Courts (see s 14(d), s 17(a), s 25(g)). Section 21 contains a transitional right allowing persons who had a pre-commencement right to AAT review to apply to a relevant tribunal under Part VIIA of the applied FOI Act, and directs that Part VIIA be read with necessary changes (s 21(2)-(3)). Section 48 and section 49 require that pending FOI access applications and internal review requests begun under the previously applied FOI Act be decided under the applied FOI Act (s 48(2), s 49(2)). Practically, FOI enforcement occurs through internal review, relevant tribunal review and judicial avenues in state courts, following the substitutions in the Regulation.
Ombudsman review and functions. The Ombudsman Act applies with modifications and continues Ombudsman investigatory functions in respect of prescribed authorities and agency service providers (see s 26(a)-(b)). The Ombudsman can investigate complaints as modified by the Regulation, and confidentiality provisions are adjusted so they apply but permit Ministerial Council members to share information among themselves (s 30(c)). Where the Ombudsman finds maladministration, remedial recommendations and publicity are typical enforcement levers, but the Regulation does not create unique penalty heads; instead, the Ombudsman’s reports and annual reports (s 29) and potential Ministerial Council actions are the enforcement mechanisms.
Privacy Act obligations and possible civil remedies. The Privacy Act as applied brings privacy obligations to agencies and contracted service providers (s 35(b)-(c)). Remedies for serious or repeated breaches under the Privacy Act would, as with the Commonwealth Act, include determinations by the Commissioner and, depending on the circumstances, civil enforcement options under the Privacy Act (the Regulation does not remove all Privacy Act enforcement routes). The Regulation modifies the public interest determination process and requires publication of determinations (s 37(b)-(d)), which increases transparency and may influence enforcement responses by third parties and the Ministerial Council.
Financial controls, audits and parliamentary oversight. The Regulation imposes duties on the Privacy Commissioner and Ombudsman to keep proper books and prepare financial statements and to facilitate audit by an Auditor‑General (s 9(e)-(g), s 28(e)-(g), s 36(e)-(g)). Failure to comply with those duties would be visible through audit reports and the annual reporting process; the mechanism is administrative and political oversight rather than criminal sanction.

Exclusions and reduced Commonwealth procedural safeguards

The Regulation expressly excludes many procedural or oversight provisions that would otherwise apply under the Commonwealth Acts. Examples include the exclusion of provisions about establishing the Office of the Australian Information Commissioner, the Information Advisory Committee, and certain FOI Act parts and regulations (s 11(1)(c)(i)-(viii), s 12, s 20, s 31, s 39). The exclusion of these oversight structures changes the enforcement architecture: some central Commonwealth oversight bodies are not part of the national scheme as applied in WA, and enforcement is instead routed through the Ministerial Council, the National Agency and state institutions (see s 10(c) and s 29(c) for layings before relevant Parliaments).

Appointment, suspension and removal powers

The Ministerial Council’s ability to appoint, set remuneration and suspend or remove the Privacy Commissioner and Ombudsman (see s 8(b), s 27(d)-(e)) is an enforcement or corrective mechanism vested in the Ministerial Council. These are executive political controls rather than judicially enforced penalties. The Regulation retains a duty for the Commissioner to disclose material personal interests (s 11(1)(b)-(2)), which is an internal control obligation.

De facto sanctions through administrative design

While the Regulation does not create new criminal offences, it designs administrative consequences (suspension, removal, audit reports, withholding of budgetary support, public reporting) that can impose reputational and operational costs on agencies, contractors and officeholders. The Regulation also incorporates the capacity for tribunals and courts in participating jurisdictions to provide legal remedies under FOI and privacy frameworks as applied (see sections 14(d), 17(a), 25(g), 34(e)-(f)).

In short, enforcement is primarily administrative and statutory via the modified Commonwealth Acts, bodies’ financial controls and audit requirements, FOI and privacy review mechanisms, Ombudsman inquiries, and Ministerial Council governance actions. The Regulation reassigns the locus of enforcement from Commonwealth institutional architecture to the national scheme managed through the Ministerial Council and implemented within participating jurisdictions’ legal systems.

The Regulation functions as an integrating instrument: it applies four Commonwealth Acts in modified forms and ties the national regulation into Western Australia’s subsidiary law framework. The interactions are precise and textual.

Application under the WA Application Act

The Regulation operates as subsidiary legislation of Western Australia under the Health Practitioner Regulation National Law Application Act 2024: the editorial notes and compilation table state that the national regulation applies as subsidiary legislation in WA under that Act and that amendments made by the Ministerial Council and published by the Victorian Government Printer also amend the national regulation as it applies in WA, subject to the WA Application Act (see the opening editorial note and compilation table). That is the primary statutory bridge between the national regulation and WA domestic law.

Modified application of Commonwealth Acts

The Regulation modifies the AIC Act, FOI Act, Ombudsman Act and Privacy Act as each applies as law of a participating jurisdiction for the purposes of the national registration and accreditation scheme (see Parts 3-6, each beginning with a section that states the purpose). It replaces or substitutes textual references and excludes specific provisions and subordinate instruments under those Acts (for example, s 11(1)(c) excludes parts of the AIC Act; s 20 excludes FOI Act regulations other than fees; s 31 excludes Ombudsman Act regulations other than witness expenses; s 39 excludes Privacy Act regulations).

Substitutions for Commonwealth officeholders and institutions

The Regulation systematically substitutes the Ministerial Council or national officeholders for Commonwealth officeholders. For instance, references to the Commonwealth “Minister” or “Governor‑General” in the applied Acts are to be read as references to a nominated member of the Ministerial Council or to the Ministerial Council itself (see sections 7(b)-(c), 14(e), 25(a)-(b)). Similarly, references to the Federal court or Administrative Appeals Tribunal are replaced with state Supreme Courts and “relevant tribunals” (see sections 14(d), 17(a), 25(g), 34(e)-(f)). These substitutions redirect legal remedies and administrative communications into state or territory judicial and tribunal structures.

Interplay with state financial and parliamentary processes

The Regulation requires annual reports to be submitted to the Ministerial Council and then laid before each relevant state or territory Parliament by the member of the Ministerial Council for that jurisdiction (s 10(c), s 29(c)). Audits are to be conducted by a State or Territory Auditor‑General, or an auditor engaged by an Auditor‑General (s 10(b)(i)(B), s 29(b)(i)(B), s 36(e)). The effect is an interaction between the national scheme and state financial oversight and parliamentary processes.

Treatment of subordinate instruments and legislative instruments

The Regulation modifies how public interest determinations under the Privacy Act are treated, removing the requirement to make determinations as legislative instruments and then providing that sections 246 and 247 of the National Law apply to a public interest determination as if it were a regulation (s 37(a), (g)). The Regulation also subjects determinations in force in WA to section 42 of WA’s Interpretation Act for laying before Parliament within specified sitting days where applicable (s 37(h)). This shows a direct effort to harmonise Commonwealth instrument-making with state procedural requirements.

Transitional replacement of prior WA regulations

The Regulation repeals the earlier Health Practitioner Regulation National Law Regulation and Health Practitioner Regulation National Law (WA) Regulations 2010 (s 42), and provides transitional clauses confirming continuation of Board decisions and appointments (s 44-46). It explicitly preserves and continues appointments and employment contracts under the previous regime (s 45-46), thereby preventing legal uncertainty by carrying forward existing legal relationships.

Scope limitations and exclusions

By excluding many Commonwealth Act provisions and subordinate instruments, the Regulation narrows the legal interface: for example, it excludes the Office of the Australian Information Commissioner, Privacy Advisory Committee, and certain regulatory functions related to credit reporting and data-matching (s 11(1)(c), s 38(c)(i)-(vii)). Readers must therefore be careful: while the FOI, Privacy and Ombudsman Acts are imported, parts of those Acts and their supporting regulations do not operate in the national scheme as applied.

Interaction with other Commonwealth and State Acts

The Regulation explicitly states where references to other Commonwealth statutes should be read as references to State or Territory laws, e.g., references to a Commonwealth enactment are to be read as including laws of participating jurisdictions for Privacy Act purposes (s 34(i)). The Regulation also references the State Administrative Tribunal and other state tribunals as the relevant tribunals for review (s 3 and s 14(d)), integrating review rights into existing state administrative justice infrastructure.

In sum, the Regulation is an instrument of legal translation: it imports federal regimes into a national registration and accreditation scheme while tailoring references, bodies and oversight to a national-but-jurisdictionally-embedded administrative architecture. Those interactions create a hybrid governance model in which national policy and instrument-making are centralised, while operational accountability and legal review are allocated to state and territory institutions.

The Regulation and its compilation notes set out a concise amendment record and some editorial changes. The compilation table and in-text notes are the authoritative immediate source for the changes recorded in this document.

Key publication and commencement points

The compilation table records the principal publication and commencement dates: this WA-applied version of the Health Practitioner Regulation National Regulation began to apply as subsidiary legislation of Western Australia on 15 May 2024 (compilation table). The national regulation as applied was the version in force on 8 December 2023 at the time of application (see Other notes 1).

Subsequent amendments recorded in the compilation table

Health Practitioner Regulation National Regulation Amendment (Professional Indemnity Insurance) Regulation 2025 (SL 2025/73) is recorded as an amendment published 13 May 2025 and commencing 13 May 2025 (compilation table). The compilation notes also record successive earlier amendments and editorial insertions; several sections record being amended on particular Gazettes.

In‑text amendment notes

Specific in-text amendments are annotated at places in the Regulation:
- Section 3: amended , Gazette 2 Feb 2023 p. 116 (listed beneath the defined terms).
- Section 15: amended , Gazette 2 Feb 2023 p. 116.
- Section 22: amended , Gazette 17 Dec 2019 p. 4364.
- Section 35: amended , Gazette 2 Feb 2023 p. 117.
- Section 41A was inserted , Gazette 2 Feb 2023 p. 123 (the insertion prescribes a qualification for general registration in paramedicine).
- Section 40 has multiple amendment notations: Gazette 17 Dec 2019 p. 4364; 13 Dec 2021 p. 5490; SL 2023/189 r. 4; SL 2025/73 (indicating the midwives indemnity transition end date has been subject to multiple changes).

Repeal of earlier instruments

The Regulation repeals two earlier WA instruments: the Health Practitioner Regulation National Law Regulation and the Health Practitioner Regulation National Law (WA) Regulations 2010 (s 42). The repeal and transitional provisions (Part 8) preserve continuity by declaring that anything started by a National Board before commencement may be completed by the continued Board (s 44) and by continuing existing appointments under the repealed Regulations for their remainder terms (ss 45-46).

Transitional insertions

Divisional transitional provisions added procedural continuity for persons who had FOI applications or reviews pending under the previously applied FOI Act, directing that those matters be decided under the applied FOI Act (ss 48-49). Section 21 provides a short-term transitional pathway for persons who had AAT review rights immediately before the commencement.

Editorial formatting and territory‑specific application

The compilation notes explain that the national regulation was applied in WA and formatted per WA drafting style, and that editorial notes were inserted as part of producing the compilation (Other notes 2). The Regulation thus represents a WA‑formatted version of the national instrument, including identified amendments as at compilation.

Taken together, the amendment history shows a pattern of periodic technical adjustments (for qualifications and transitional provisions), an extension and updating of transitional dates (notably for midwives’ indemnity arrangements), and the administrative step of formally replacing the prior WA regulations with this applied national regulation and preserving existing appointments and processes through transitional mechanisms.

The Regulation as provided contains no cases, judicial decisions, or litigation history. The text does not report or reference any court decisions or tribunal findings about the Regulation or its operation.

Where disputes would be expected to be litigated under the applied regime

The Regulation substitutes state and territory tribunals and courts for certain Commonwealth bodies, and therefore administrative law disputes under the FOI or Ombudsman Acts or privacy complaints are to be directed to the “relevant tribunal” or a state Supreme Court, as specified in the applied text (see sections 14(d), 17(a), 25(g), 34(e)-(f)). For matters that would otherwise have been before the Administrative Appeals Tribunal or Federal courts, the Regulation redirects jurisdiction to state tribunals and courts. That substitution indicates the prospective venues where litigation or judicial review would occur regarding decisions taken under the applied Acts.

Transitional review rights preserved

Transitional provisions preserve pending rights to review. Section 21 allows persons who immediately before commencement had a right to AAT review but had not yet applied for review to instead apply to a relevant tribunal under Part VIIA of the applied FOI Act; the application is taken to be an application under section 57A and Part VIIA is to be read with necessary changes (s 21(2)-(3)). Sections 48 and 49 preserve pending FOI access and internal review applications under the previously applied FOI Act by requiring those applications to be decided under the applied FOI Act (ss 48-49). Those clauses reduce legal uncertainty and would likely limit procedural litigation about jurisdictional transition.

Potential litigation‑prone design features (the source permits inference, but no litigation is recorded)

The Regulation modifies appointment mechanics for the Privacy Commissioner and Ombudsman, including allowing suspension and removal of the Ombudsman by the Ministerial Council without laying the grounds before Parliament or requiring an address to Parliament (s 27(e)). Those modifications give the Ministerial Council executive control over removal and suspension, which could in future provoke legal challenges about natural justice or statutory limits on removal, but the Regulation itself contains no litigation record. Any such challenge would be heard in state courts or relevant tribunals, as per the substitution rules (see s 34(e)-(f) and s 14(d)).

Absence of reported litigation in the text

Because the Regulation is a compilation and not a litigation digest, it contains no litigation history and no case citations. The text therefore records no judicial interpretation or disputes about the meaning of its provisions. For practitioners seeking case law, there is no entry point in the Regulation itself and one must search court and tribunal databases for decisions applying the national regulation as it operates in WA.

In short, the Regulation contains no litigation history. It does, however, indicate where litigation or review would be directed under the applied acts (relevant tribunals and state courts), and it preserves transitional rights to avoid jurisdictional gaps for pending FOI matters. Those procedural allocations identify likely venues for future disputes, but the Regulation documents none to date.

The Regulation contains several specific technical provisions and exclusions that create implementation risks, compliance traps and points where outcomes differ materially from the Commonwealth Acts as ordinarily understood. These are practical “gotchas” that advisers and compliance officers should note and plan for.

Broad exclusions of Commonwealth oversight bodies and regulations

The Regulation explicitly disapplies many provisions and subordinate instruments of the AIC, FOI, Ombudsman and Privacy Acts (see s 11(1)(c)(i)-(ix), s 12, s 20, s 31, s 39). That means standard Commonwealth-era oversight mechanisms such as the Office of the Australian Information Commissioner, Information Advisory Committee, Privacy Advisory Committee, and specified Privacy Act regulations do not operate in the national scheme as applied in WA. Practitioners should not assume Commonwealth-level guidance, committees or instruments are available in the same form; instead certain functions have been transferred to the National Agency or Ministerial Council.

Ministerial Council replacement for Commonwealth checks

References to Ministers, Governor‑General and other Commonwealth actors are read as references to members of the Ministerial Council (see s 7(b)-(c), s 14(e), s 25(a)-(b)). The Ministerial Council determines remuneration and terms for the Privacy Commissioner and Ombudsman (s 8(b), s 27(d)), and may suspend or remove the Ombudsman without the parliamentary steps that would apply under the unmodified act (s 27(e)). The practical effect is executive consolidation of certain appointment and discipline powers in a multijurisdictional political body. That change alters the accountability architecture and may affect perceptions of independence.

Delegation and contractor powers are broad

The Privacy Commissioner and Ombudsman may employ staff and engage contractors “in a way the Commissioner/Ombudsman considers appropriate” and may delegate functions widely (s 8(d)(i)-(iv) and s 27(f)(i)-(iv)). Delegations and contracting will be standard operational practice but they concentrate discretion in the Commissioners and their chosen agents. Boards and agencies must therefore ensure robust contracting, procurement and oversight clauses are in place.

Public interest determinations are treated differently

The Privacy Commissioner need not make public interest determinations as legislative instruments, and the Regulation treats those determinations as if they are regulations for certain purposes (s 37(a), (g)). The Commissioner must notify the Ministerial Council and publish determinations on a website (s 37(b)-(d)). This departs from the usual requirement for legislative instruments and may cause confusion as to the legal status and reviewability of determinations.

Substitution of state tribunals and courts

The Regulation substitutes state “relevant tribunals” and Supreme Courts for Federal tribunals and the Federal Court in multiple places (s 14(d), s 17(a), s 25(g), s 34(e)-(f)). Practitioners must not assume federal administrative review routes; FOI and privacy reviews and judicial proceedings will follow state and territory administrative law processes. That substitution can create procedural differences, limitation periods and costs variation.

Publication deadlines with limited exceptions

The FOI Act modifications require agencies to publish certain information by 1 June 2019 and to complete a review of the information publication scheme by 1 June 2024 (s 15(d), (f)). Although historic, those deadlines remain in the Regulation; agencies must check whether they satisfied these specific publication obligations or be prepared to account for any outstanding publication requirements.

Continuity of prior appointments but potential for change

The Regulation continues existing appointments under the repealed WA regulations for the remainder of their terms and with existing conditions (s 45-46) but allows the Ministerial Council to vary conditions during those terms (s 45(2), s 46(2)). That preserves continuity but allows mid‑term variation, which may frustrate expectations of fixed appointment terms.

Agency Fund payments

The Regulation repeatedly treats payments that would otherwise be “by the Commonwealth” as payments by the National Agency from the Agency Fund (s 19(a), s 38(a)). The Agency Fund is therefore a financing pivot and the National Agency bears payment responsibility, which alters the funding risk profile for contractors and offices who would otherwise look to Commonwealth appropriation.

Narrowed application of certain FOI provisions

The Regulation specifies that Part VII of the FOI Act commences on 1 February 2019 for the applied FOI Act (s 18). It also excludes Part VIIB Division 3 (s 19(c)) and says some tribunal-constitution provisions do not apply (s 19(b)(i)). These carve-outs may have subtle consequences for remedies, timetables or fees; practitioners should map each relevant FOI provision to the applied text rather than rely on general FOI Act summaries.

Transitional traps for pending matters

Although transitional provisions (s 21, s 48-49) aim to preserve pending FOI applications and internal reviews, the requirement that those matters be decided under the applied FOI Act means procedural differences may apply to ongoing matters. Parties should review whether the substitution to a state tribunal or procedural variant affects limitation periods or evidence-gathering processes.

In brief, advisers should not assume the full Commonwealth architecture and protections are automatically present: the Regulation selectively imports, excludes and substitutes, concentrating appointment and operational powers in the Ministerial Council and the National Agency while preserving audit, reporting and FOI/privacy review mechanisms in modified forms. Those differences matter for institutional independence, procedural avenues, funding flows and the scope of administrative oversight.

Compliance under the Regulation requires translating the modified duties and substituted references into practical governance, administrative and legal steps for Boards, the National Agency, contracted service providers and officeholders. Below is a practical checklist and recommended actions grounded in the Regulation.

Boards: maintain and publish registers, and preserve decisions

Ensure the relevant National Board continues to maintain the public national register(s) specified in section 5. Confirm the register’s content, data formats and public access mechanisms meet the national scheme’s requirements. Section 4 continues the Boards; section 44 confirms continuity for anything started before commencement. Review any Board actions begun under prior instruments to ensure they are treated as actions of the continued Board (s 44).

Privacy Commissioner and Ombudsman: financial and reporting compliance

Prepare annual reports within 3 months of the end of each financial year and include audited financial statements prepared in accordance with Australian Accounting Standards and audited by a State/Territory Auditor‑General or an auditor employed/engaged by an Auditor‑General (s 10(a)-(b) and s 29(a)-(b); s 36(e)). Implement robust internal financial controls and record-keeping to satisfy the duties in s 9(c)-(d), s 28(c)-(d) and s 36(a)-(d). Be ready to facilitate audits and to comply with any Ministerial Council direction for further audits (s 9(g), s 28(g), s 36(g)).

Appointment and conflict-of-interest procedures

Recognise that the Ministerial Council appoints and sets remuneration and terms for the Privacy Commissioner and Ombudsman (s 8(b), s 27(d)). Require disclosure of material personal interests in matters relating to the Commissioner’s responsibilities (s 11(1)(b)-(2)). Document appointment terms and any variations by the Ministerial Council, and ensure internal policies reflect the modified appointment framework.

FOI practices and review pathways

Update FOI procedures to reflect that the FOI Act as applied uses state or territory “relevant tribunals” and state Supreme Courts in place of Federal review bodies (s 14(d), s 17(a)). Keep track of the specific publication requirements (s 15(d)) and the information publication scheme review timetable (s 15(f)). For any outstanding or pending FOI matters that originated under the previously applied FOI Act, apply ss 48-49: decide those matters under the applied FOI Act and ensure correct tribunal referral if review is sought (ss 48-49).

Privacy Act compliance for contracted service providers

If you are a contracted service provider (s 32), treat the Privacy Act as applying to your contracted activities. Implement privacy management systems consistent with Australian Privacy Principles as they apply. Ensure subcontract chains are captured: the definition includes subcontractors who provide services on behalf of a head contractor (s 32(2)(a)-(b)), so require privacy-compliant clauses in subcontracts.

Contracting, procurement and delegation controls

Exploit the permitted delegation and contracting powers carefully: both the Privacy Commissioner and Ombudsman may engage contractors and enter arrangements for staff or resources (s 8(d)(ii)-(iii), s 27(f)(ii)-(iii)). Ensure procurement contracts contain clear privacy, confidentiality, data security and reporting clauses aligned with the modified Privacy Act provisions and audit obligations. Maintain registers of delegations and ensure functional delegations are documented with limits and oversight.

Public interest determinations and publication

If the Commissioner intends to make a public interest determination, follow the modified process: the Commissioner need not make it as a legislative instrument, must notify the Ministerial Council in writing as soon as practicable (s 37(b)), make the register of determinations available on the Commissioner’s website (s 37(d)), and treat the determination as commencing per rules in s 37(c). Ensure the determination is clearly drafted and records the statutory meanings to avoid interpretive issues (s 37(f)).

Administrative policy and staff training

Train staff on the substituted references (e.g., “Minister” as a Ministerial Council member, “Parliament” as a relevant Parliament, “Ombudsman” as the National Health Practitioner Ombudsman) so that internal guidance and legal notices adopt the correct framework (see sections 7, 14, 25 and 34). Update standard templates, FOI responses, privacy notices and contractual clauses to reflect the applied Act versions.

Audit readiness and financial controls

Institute systems to produce annual financial statements under Australian Accounting Standards and to facilitate state/Territory Auditor‑General audits (s 10(b), s 29(b), s 36(e)). Maintain proper books and records for funds held by the Commissioners and ensure the internal control procedures meet the Regulation’s requirements (s 9(b)-(d), s 28(b)-(d), s 36(b)-(d)).

Transitional and registration-specific compliance

For practitioners and registration administrators: observe the prescribed participation day for paramedicine registration (1 December 2018; s 41) and the prescribed Diploma of Emergency Health Care qualification for general registration in paramedicine (s 41A). For midwives practising private midwifery, note the transition period for professional indemnity insurance arrangements ends on 31 December 2026 (s 40) and plan compliance accordingly.

Interaction with state tribunals and courts

Ensure legal strategies for reviews and litigations reflect the substituted venues. For reviewable decisions under FOI or administrative decisions, plan for state tribunal pathways and engage counsel experienced in the relevant state or territory administrative jurisdiction (see s 14(d), s 17(a), s 25(g), s 34(e)-(f)).

Record-keeping for Ministerial Council communications

Because the Ministerial Council is central to appointments, removals and reports, keep a clear record of notifications, annual report transmissions and any Ministerial Council directions, as those records will form the core of parliamentary and audit accountability (s 10(c), s 29(c), s 37(b)).

Implementing compliance will therefore require coordination between national bodies and state authorities, revising standard forms and contracts, strengthening financial controls and audit readiness, updating FOI and privacy processes, and ensuring staff are trained to work within the modified statutory landscape created by the Regulation.

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