Div 11Miscellaneous

Division 11—Miscellaneous Subdivision 1—Certificates of registration 124—Issue of certificate of registration (a) a National Board decides to register an individual in a health profession for which the Board is established; or (b) a National Board decides to renew an individual's registration in a health profession for which the Board is established; or (c) a National Board or an adjudication body decides to impose, change or remove a condition on a registered health practitioner's registration or otherwise change the practitioner's registration in a material way; or (d) a National Board or an adjudication body decides to accept an undertaking from a registered health practitioner or to change or revoke an undertaking given by the practitioner; or (e) a National Board decides to endorse a health practitioner's registration. (2) The National Board must, as soon as practicable after the decision is made, give the registered health practitioner a certificate of registration in the form decided by the Board. (3) A certificate of registration must include the following— (a) the name of the registered health practitioner; (aa) any alternative name for the practitioner that has been notified to the National Board under section 131A, unless— (i) the alternative name is a prohibited name; and (ii) the National Board has decided under section 131A(2)(b) to refuse to include the name on the registered health practitioner's certificate of registration; (b) the type of registration granted and, if the registration is endorsed, the type of endorsement granted; (c) the date the registration or endorsement was granted; (d) the division of the register, if any, in which the practitioner is registered; (e) any condition to which the registration or endorsement is subject; (f) any undertaking given by the practitioner to the National Board; (g) the date the registration expires; (h) any other information the Board considers appropriate. Subdivision 2—Review of conditions and undertakings 125—Changing or removing conditions or undertaking on application by registered health practitioner or student (1) A registered health practitioner or student may apply to a National Board established for the practitioner's or student's health profession— (a) for a registered health practitioner— (i) to change or remove a condition imposed on the practitioner's registration or endorsement; or (ii) to change or revoke an undertaking given by the practitioner; or (b) for a student— (i) to change or remove a condition imposed on the student's registration; or (ii) to change or revoke an undertaking given by the student to the Board. (2) However, the registered health practitioner or student may not make an application— (a) during a review period applying to the condition or undertaking, unless the practitioner or student reasonably believes there has been a material change in the practitioner's or student's circumstances; or (b) for a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition. (3) An application under subsection (1) must— (b) be accompanied by any other information reasonably required by the Board. (4) For the purposes of deciding the application, the National Board may exercise a power under section 80 as if the application were an application for registration as a registered health practitioner. (5) The National Board must decide to grant the application or refuse to grant the application. (6) If the National Board's decision results in the registration or endorsement being subject to a condition, or an undertaking is still in place, the Board may decide a review period for the condition or undertaking. (6A) As soon as practicable after making the decision under subsection (5), the National Board must give written notice to the registered health practitioner or student of— (a) the decision; and (b) if the Board has decided a review period for a condition or undertaking—details of the review period. (7) If the National Board decides to refuse to grant the application, the notice must state— (b) that the registered health practitioner or student may appeal against the decision; and 126—Changing conditions on Board's initiative (1) This section applies if a National Board established for a health profession reasonably believes it is necessary to change a condition imposed on— (a) for a registered health practitioner registered in the health profession—the practitioner's registration or endorsement; or (b) for a student registered in the health profession—the student's registration. (2) The National Board must give the registered health practitioner or student a written notice stating— (a) that the Board proposes to change the condition; and (b) how the Board proposes to change the condition; and (c) the reason for the proposed change; and (d) that the practitioner or student may, within 30 days after receipt of the notice, make written or verbal submissions to the Board about why the condition should not be changed. (3) However, the condition may not be changed— (a) during a review period applying to the condition, unless the National Board reasonably believes there has been a material change in the registered health practitioner's or student's circumstances; or (b) if the condition was imposed by an adjudication body for a co‑regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition. (4) The registered health practitioner or student may make written or verbal submissions about the proposed change to the condition as stated in the notice. (5) The National Board must consider any submissions made under subsection (4) and decide whether or not to change the condition. (6) If the National Board's decision results in the registration or endorsement being subject to a condition, the Board may decide a review period for the condition. (6A) As soon as practicable after making the decision under subsection (5), the National Board must give written notice to the registered health practitioner or student of— (a) the decision; and (b) if the Board has decided a review period for a condition—details of the review period. (7) If the National Board decides to change the condition, the notice must state— (b) that the registered health practitioner or student may appeal against the decision; and 127—Removal of condition or revocation of undertaking (1) This section applies if a National Board established for a health profession reasonably believes the following is no longer necessary— (a) for a registered health practitioner registered in the health profession— (i) a condition imposed on the practitioner's registration or endorsement; or (ii) an undertaking given to the Board by the practitioner; (b) for a student registered in the health profession— (i) a condition imposed on the student's registration; or (ii) an undertaking given to the Board by the student. (2) The National Board may decide to remove the condition or revoke the undertaking. (3) However, the condition or undertaking may not be removed or revoked— (a) during a review period applying to the condition or undertaking, unless the National Board reasonably believes there has been a material change in the registered health practitioner's or student's circumstances; or (b) for a condition imposed by an adjudication body for a co‑regulatory jurisdiction, unless the adjudication body decided, when imposing the condition, that this Subdivision applied to the condition. (4) As soon as practicable after making the decision the National Board must give notice of the decision to the registered health practitioner or student. (5) The decision takes effect on the date stated in the notice. 127A—When matters under this Subdivision may be decided by review body of a co-regulatory jurisdiction (a) a condition has been imposed on a registered health practitioner's or student's registration or endorsement, or an undertaking has been given by the practitioner or student; and (b) a change or removal of the condition, or change or revocation of the undertaking, would usually be decided under this Subdivision; and (c) the National Board that imposed the condition, or to which the undertaking was given, considers the change or removal, or change or revocation, should be decided by a review body of a co‑regulatory jurisdiction. (2) The National Board may— (a) decide that any change or removal, or change or revocation, may be decided by the review body of a co‑regulatory jurisdiction; and (b) give any relevant documents or information held by the Board to the review body. (3) If a review body of a co‑regulatory jurisdiction agrees to decide a matter instead of the Board, the review body must decide the matter under the laws of that jurisdiction. review body means an entity declared by an Act or regulation of a co‑regulatory jurisdiction to be a review body for this section. Subdivision 3—Obligations of registered health practitioners and students 128—Continuing professional development (1) A registered health practitioner must undertake the continuing professional development required by an approved registration standard for the health profession in which the practitioner is registered. (2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. registered health practitioner does not include a registered health practitioner who holds non-practising registration in the profession. 129—Professional indemnity insurance arrangements (1) A registered health practitioner must not practise the health profession in which the practitioner is registered unless appropriate professional indemnity insurance arrangements are in force in relation to the practitioner's practice of the profession. (2) A National Board may, at any time by written notice, require a registered health practitioner registered in a health profession for which the Board is established to give the Board evidence of the appropriate professional indemnity insurance arrangements that are in force in relation to the practitioner's practice of the profession. (3) A registered health practitioner must not, without reasonable excuse, fail to comply with a written notice given to the practitioner under subsection (2). (4) A contravention of subsection (1) or (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. registered health practitioner does not include a registered health practitioner who holds non-practising registration in the profession. 130—Registered health practitioner or student to give National Board notice of certain events (1) A registered health practitioner or student must, within 7 days after becoming aware that a relevant event has occurred in relation to the practitioner or student, give the National Board established for the practitioner's or student's health profession written notice of the event. (2) A contravention of subsection (1) by a registered health practitioner or student does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (2A) To avoid doubt, a registered health practitioner is not required to give the National Board written notice of an event within the meaning of paragraphs (e) or (f) of the definition of relevant event if the notification is prohibited by the Health Insurance Act 1973 of the Commonwealth. relevant event, in relation to a registered health practitioner, means— (a) the practitioner is charged with— (ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or (b) the practitioner is convicted of or is the subject of a finding of guilt for— (ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or (c) appropriate professional indemnity insurance arrangements are no longer in place in relation to the practitioner's practice of the profession; or (d) the practitioner's right to practise at a hospital or another facility at which health services are provided is withdrawn or restricted because of the practitioner's conduct, professional performance or health; or (e) the practitioner is disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth because of the practitioner's conduct, professional performance or health; or (f) the practitioner is subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contains a direction under section 106U(1)(g) or (h) of that Act that the practitioner be disqualified because of the practitioner's conduct, professional performance or health; or (g) the practitioner's authority under a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or (h) a complaint is made about the practitioner to an entity referred to in section 219(1)(a) to (e); or (i) the practitioner's registration under the law of another country that provides for the registration of health practitioners is suspended or cancelled or made subject to a condition or another restriction. relevant event, in relation to a student, means— (a) the student is charged with— (ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or (b) the student is convicted of or is the subject of a finding of guilt for— (ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or (c) the student's registration under the law of another country that provides for the registration of students has been suspended or cancelled. scheduled medicine offence means an offence against a law of a participating jurisdiction— (a) if— (i) the law regulates the authority of registered health practitioners or students to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines; and (ii) the offence relates to registered health practitioners or students administering, obtaining, possessing, prescribing, selling, supplying or using scheduled medicines; but (b) does not include an offence declared or prescribed by a law of the jurisdiction not to be a scheduled medicine offence for the purposes of this Law. 131—Change in principal place of practice, address or name (1) A registered health practitioner must, within 30 days of any of the following changes happening, give the National Board established for the practitioner's health profession written notice of the change and any evidence providing proof of the change required by the Board— (a) a change in the practitioner's principal place of practice; (b) a change in the address provided by the registered health practitioner as the address the Board should use in corresponding with the practitioner; (c) a change in— (i) the practitioner's name; or (ii) an alternative name for the practitioner notified to the Board under section 131A. (2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. 131A—Nomination of an alternative name (1) A registered health practitioner registered in a health profession, or an applicant for registration in a health profession, may, by written notice given to the National Board for the health profession, nominate an alternative name. (2) If the alternative name nominated by a registered health practitioner is a prohibited name, the National Board may decide to— (a) refuse to record the name in a National Register or Specialists Register; and (b) refuse to include the name on the registered health practitioner's certificate of registration. (3) If the National Board makes a decision under subsection (2), it must give written notice of the decision, including the reasons for the decision, to the registered health practitioner. prohibited name means a name that— (a) is obscene or offensive; or (b) could not practicably be established by repute or usage— (i) because it is too long; or (ii) because it consists of or includes symbols without phonetic significance; or (iii) because it is or includes a statement or phrase; or (iv) for another reason; or (c) includes or resembles— (i) an official title or rank; or (ii) a protected title specified in the Table to section 113; or (iii) a specialist title; or (iv) the title "dental specialist"; or (v) the title "medical specialist"; or (d) is contrary to the public interest for another reason. 131B—Use of names (1) A registered health practitioner must not use a name in connection with the practitioner's provision of a health service, including advertising the provision of a health service, other than— (a) either or both of the following names recorded in a National Register or Specialists Register under section 225— (i) the practitioner's name; (ii) an alternative name for the practitioner notified to the Board under section 131A; or (b) a business name. (2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. 132—National Board may ask registered health practitioner for practice information (1) A National Board may, at any time by written notice given to a health practitioner registered in a health profession for which the Board is established, ask the practitioner to give the Board a written notice containing practice information for the practitioner. (2) The registered health practitioner must not, without reasonable excuse, fail to comply with the notice from the Board. (3) A contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. practice information, for a registered health practitioner practising in the health profession for which the practitioner is registered, means each of the following, as it applies to the current practice, and all previous practices, of the profession by the practitioner— (a) if the practitioner is, or was, self-employed— (i) that the practitioner is, or was, self-employed; and (ii) the address of each of the premises at which the practitioner practises, or practised; and (iii) if the practitioner practises, or practised, under a business name or names—each business name; and (iv) if the practitioner shares, or shared, premises and the cost of the premises with other registered health practitioners—the names of the other registered health practitioners; (b) if the practitioner has, or had, a practice arrangement with one or more entities—the name, address and contact details of each entity; Example of practice arrangement— A physiotherapist practises, or practised, physiotherapy as a volunteer at a sporting club or charity under an arrangement with that entity. (c) if the practitioner practises, or practised, under a name or names that are not the same as the name under which the practitioner is registered under this Law—the other name or names. premises at which the practitioner practises does not include the residential premises of a patient of the practitioner. Subdivision 4—Advertising 133—Advertising (1) A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that— (a) is false, misleading or deceptive or is likely to be misleading or deceptive; or (b) offers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer; or (c) uses testimonials or purported testimonials about the service or business; or (d) creates an unreasonable expectation of beneficial treatment; or (e) directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services. (a) in the case of an individual—$60 000; or (2) A person does not commit an offence against subsection (1) merely because the person, as part of the person's business, prints or publishes an advertisement for another person. (3) In proceedings for an offence against this section, a court may have regard to a guideline approved by a National Board about the advertising of regulated health services. regulated health service means a service provided by, or usually provided by, a health practitioner. Subdivision 5—Board's powers to check identity and criminal history 134—Evidence of identity (1) A National Board may, at any time, require a registered health practitioner to provide evidence of the practitioner's identity. (2) A requirement under subsection (1) must be made by written notice given to the registered health practitioner. (3) The registered health practitioner must not, without reasonable excuse, fail to comply with the notice. (4) A contravention of subsection (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (5) If a registered health practitioner gives a National Board a document as evidence of the practitioner's identity under this section, the Board may, by written notice, ask the entity that issued the document— (a) to confirm the validity of the document; or (b) to give the Board other information relevant to the practitioner's identity. (6) An entity given a notice under subsection (5) is authorised to provide the information requested. 135—Criminal history check (1) A National Board may, at any time, obtain a written report about a registered health practitioner's criminal history from any of the following— (a) ACC; (b) a police commissioner; (c) an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction. (2) Without limiting subsection (1), a report may be obtained under that subsection— (a) to check a statement made by a registered health practitioner in the practitioner's application for renewal of registration; or (b) as part of an audit carried out by a National Board, to check statements made by registered health practitioners. (3) A criminal history law does not apply to a report under subsection (1). Subdivision 6—General 136—Directing or inciting unprofessional conduct or professional misconduct (1) A person must not direct or incite a registered health practitioner to do anything, in the course of the practitioner's practice of the health profession, that amounts to unprofessional conduct or professional misconduct. (a) in the case of an individual—$60 000; or (2) Subsection (1) does not apply to a person who is the owner or operator of a public health facility. 137—Surrender of registration (1) A registered health practitioner may, by written notice given to the National Board established for the practitioner's health profession, surrender the practitioner's registration. (2) The surrender of the registration takes effect on— (a) the day the National Board receives the notice under subsection (1); or Part 8—Health, performance and conduct 138—Application of Part to persons who are registered health practitioners (1) A notification may be made under this Part about, and proceedings may be taken under this Part against, a person who is a registered health practitioner in relation to behaviour that— (a) occurs while the practitioner is registered in a health profession under this Law; or (b) occurred before the practitioner was registered in a health profession under this Law; or (c) occurred during any other period in which the practitioner was not registered in a health profession under this Law, including, for example, if the registration had ended or was cancelled, suspended or withdrawn. (2) A registered health practitioner's behaviour that occurred at a time specified in subsection (1)(b)) or (c) may not constitute— (a) unsatisfactory professional performance; or (b) unprofessional conduct, except as provided by section 139. 139—Proceedings in relation to practitioner's behaviour while temporarily unregistered (a) proceedings are taken under this Part against a person who is a registered health practitioner; and (b) the panel or tribunal is satisfied the behaviour to which the proceedings relate occurred— (i) after the practitioner's registration ended under section 108(2)(a); and (ii) while the practitioner continued to practise the health profession. (2) The proceedings may be taken and findings may be made as if the practitioner were registered at the time the behaviour occurred. (3) Subsection (2) does not prevent a finding of unprofessional conduct on the basis the person was contravening a provision of Division 10 of Part 7, whether or not the person has been prosecuted for, or convicted of, an offence in relation to the contravention. behaviour includes— (a) continuing to take or use a title protected under Subdivision 1 of Division 10 of Part 7 for a health profession; or (b) continuing to undertake a practice protected under Subdivision 2 of Division 10 of Part 7 for a health profession. 139A—Application of Part to persons who were registered health practitioners (1) This section applies to a person who was, but is no longer, registered in a health profession under this Law. (2) A notification may be made under this Part about, and proceedings may be taken under this Part against, the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered. (3) For the purposes of subsection (2), this Part (other than Divisions 2 and 6) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person. 139B—Application of Part to persons who were registered under corresponding prior Act (1) This section applies to a person who— (a) was registered in a health profession under a corresponding prior Act; and (b) is not, and has not been, registered in a health profession under this Law. (2) A notification may be made under this Part about, and proceedings may be taken under this Part against, the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act. (3) However, subsection (2) applies only to the extent— (a) a notification about the person's behaviour could have been made under the corresponding prior Act; and (b) proceedings could have been taken under the corresponding prior Act. (4) For the purposes of subsection (2), this Part (other than Divisions 2 and 7) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person. Division 2—Mandatory notifications 140—Definition of notifiable conduct notifiable conduct, in relation to a registered health practitioner, means— (a) practising the practitioner's profession while intoxicated by alcohol or drugs; or (b) engaging in sexual misconduct in connection with the practice of the practitioner's profession; or (c) placing the public at risk of substantial harm in the practitioner's practice of the profession because the practitioner has an impairment; or (d) placing the public at risk of harm by practising the profession in a way that constitutes a significant departure from accepted professional standards. 141—Mandatory notifications by health practitioners other than treating practitioners (1) This section applies to a registered health practitioner (the first health practitioner) who, in the course of practising the first health practitioner's profession, forms a reasonable belief that— (a) another registered health practitioner (the second health practitioner) has behaved in a way that constitutes notifiable conduct; or (b) a student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm. (2) The first health practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner's notifiable conduct or the student's impairment. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237(3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred. (2A) However, subsection (2) does not apply if the first health practitioner forms the reasonable belief in the course of providing a health service to the second health practitioner or student. (3) A contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part. (4) For the purposes of subsection (1), the first health practitioner does not form the reasonable belief in the course of practising the profession if— (a) the first health practitioner— (i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and (ii) forms the reasonable belief the second health practitioner has behaved in a way that constitutes notifiable conduct, or the student has an impairment, as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or (b) the first health practitioner forms the reasonable belief in the course of providing advice in relation to the notifiable conduct or impairment for the purposes of a legal proceeding or the preparation of legal advice; or (c) the first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the notifiable conduct or impairment is an issue; or (d) the first health practitioner— (i) forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and (ii) is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or (e) the first health practitioner knows, or reasonably believes, the National Agency has been notified of the notifiable conduct or impairment that forms the basis of the reasonable belief. 141A—Mandatory notifications by treating practitioners of sexual misconduct (1) This section applies to a registered health practitioner (the treating practitioner) who, in the course of providing a health service to another registered health practitioner (the second health practitioner), forms a reasonable belief that the second health practitioner has engaged, is engaging, or is at risk of engaging, in sexual misconduct in connection with the practice of the practitioner's profession. (2) The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner's conduct that forms the basis of the reasonable belief. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. (3) A contravention of subsection (2) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part. (4) This section applies subject to section 141C. 141B—Mandatory notifications by treating practitioners of substantial risk of harm to public (1) Subsection (2) applies to a registered health practitioner (the treating practitioner) who, in the course of providing a health service to another registered health practitioner (the second health practitioner), forms a reasonable belief that the second health practitioner is placing the public at substantial risk of harm by practising the profession— (a) while the practitioner has an impairment; or (b) while intoxicated by alcohol or drugs; or (c) in a way that constitutes a significant departure from accepted professional standards. (2) The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner's conduct that forms the basis of the reasonable belief. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. (3) Subsection (4) applies to a registered health practitioner (also the treating practitioner) who, in the course of providing a health service to a student, forms a reasonable belief that the student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm. (4) The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the student's impairment. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. (5) In considering whether the public is being, or may be, placed at substantial risk of harm, the treating practitioner may consider the following matters relating to an impairment of the second health practitioner or student— (a) the nature, extent and severity of the impairment; (b) the extent to which the second health practitioner or student is taking, or is willing to take, steps to manage the impairment; (c) the extent to which the impairment can be managed with appropriate treatment; (d) any other matter the treating practitioner considers is relevant to the risk of harm the impairment poses to the public. (6) A contravention of subsection (2) or (4) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part. (7) This section applies subject to section 141C. 141C—When practitioner does not form reasonable belief in course of providing health service (1) This section applies if a registered health practitioner (the first health practitioner) forms a reasonable belief about— (a) a matter, relating to another registered health practitioner (the second health practitioner), mentioned in section 141A(1) or 141B(1); or (b) a matter, relating to a student, mentioned in section 141B(3). (2) For this Division, the first health practitioner is taken not to form the reasonable belief in the course of providing a health service to the second health practitioner or student if— (a) the first health practitioner— (i) is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and (ii) forms the reasonable belief about the matter as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or (b) the first health practitioner forms the reasonable belief in the course of providing advice in relation to the matter for the purposes of a legal proceeding or the preparation of legal advice; or (c) the first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the matter is an issue; or (d) the first health practitioner— (i) forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and (ii) is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or (e) the first health practitioner knows, or reasonably believes, the National Agency has been notified of the matter that forms the basis of the reasonable belief. 142—Mandatory notifications by employers (1) If an employer of a registered health practitioner reasonably believes the health practitioner has behaved in a way that constitutes notifiable conduct, the employer must notify the National Agency of the notifiable conduct. An employer takes action against a registered health practitioner by withdrawing or restricting the practitioner's clinical privileges at a hospital because the employer reasonably believes the public is at risk of harm by the practitioner practising the profession in a way that constitutes a significant departure from accepted professional standards—see paragraph (d) of the definition of notifiable conduct in section 140. The employer must notify the National Agency of the notifiable conduct. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237(3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred. (2) If the National Agency becomes aware that an employer of a registered health practitioner has failed to notify the Agency of notifiable conduct as required by subsection (1), the Agency must give a written report about the failure to the responsible Minister for the participating jurisdiction in which the notifiable conduct occurred. (3) As soon as practicable after receiving a report under subsection (2), the responsible Minister must report the employer's failure to notify the Agency of the notifiable conduct to a health complaints entity, the employer's licensing authority or another appropriate entity in that participating jurisdiction. employer, of a registered health practitioner, means an entity that employs the health practitioner under a contract of employment or a contract for services. licensing authority, of an employer, means an entity that under a law of a participating jurisdiction is responsible for licensing, registering or authorising the employer to conduct the employer's business. 143—Mandatory notification by education providers (1) An education provider must notify the National Agency if the provider reasonably believes— (a) a student enrolled in a program of study provided by the provider has an impairment that, in the course of the student undertaking clinical training as part of the program of study, may place the public at substantial risk of harm; or (b) a student for whom the education provider has arranged clinical training has an impairment that, in the course of the student undertaking the clinical training, may place the public at substantial risk of harm. See section 237 which provides protection from civil, criminal and administrative liability for persons who make a notification under this Law. Section 237(3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred. (2) A contravention of subsection (1) does not constitute an offence. (3) However, if an education provider does not comply with subsection (1)— (a) the National Board established for the student's health profession must publish details of the failure on the Board's website; and (b) the National Agency may, on the recommendation of the National Board, include a statement about the failure in the Agency's annual report. Division 3—Voluntary notifications 144—Grounds for voluntary notification (1) A voluntary notification about a registered health practitioner may be made to the National Agency on any of the following grounds— (a) that the practitioner's professional conduct is, or may be, of a lesser standard than that which might reasonably be expected of the practitioner by the public or the practitioner's professional peers; (b) that the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the practitioner's health profession is, or may be, below the standard reasonably expected; (c) that the practitioner is not, or may not be, a suitable person to hold registration in the health profession, including, for example, that the practitioner is not a fit and proper person to be registered in the profession; (d) that the practitioner has, or may have, an impairment; (e) that the practitioner has, or may have, contravened this Law; (f) that the practitioner has, or may have, contravened a condition of the practitioner's registration or an undertaking given by the practitioner to a National Board; (g) that the practitioner's registration was, or may have been, improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular. (2) A voluntary notification about a student may be made to the National Agency on the grounds that— (a) the student has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or (b) the student has, or may have, an impairment; or (c) that the student has, or may have, contravened a condition of the student's registration or an undertaking given by the student to a National Board. 145—Who may make voluntary notification Any entity that believes that a ground on which a voluntary notification may be made exists in relation to a registered health practitioner or a student may notify the National Agency. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Division 4—Making a notification 146—How notification is made (1) A notification may be made to the National Agency— (a) verbally, including by telephone; or (b) in writing, including by email or other electronic means. (2) A notification must include particulars of the basis on which it is made. (3) If a notification is made verbally, the National Agency must make a record of the notification. 147—National Agency to provide reasonable assistance to notifier (1) The National Agency must, if asked by an entity, give the entity reasonable assistance to make a notification about a registered health practitioner or student. (2) Without limiting subsection (1), the National Agency may assist an entity to make a notification if— (a) the entity is not able to put the entity's notification in writing without assistance; or (b) the entity needs assistance to clarify the nature of the individual's notification. Division 5—Preliminary assessment 148—Referral of notification to National Board or co‑regulatory authority (1) Subject to subsections (2) and (3), the National Agency must, as soon as practicable after receiving a notification about a registered health practitioner or a student, refer the notification to the National Board established for the practitioner's or student's health profession. (2) If the behaviour that is the basis for the ground for the notification occurred, or is reasonably believed to have occurred, in a co‑regulatory jurisdiction, the National Agency— (a) must not deal with the notification; and (b) must, as soon as practicable after receiving the notification, refer the notification to the co‑regulatory authority for the co‑regulatory jurisdiction. (3) If the behaviour that is the basis for the ground for the notification occurred, or is reasonably believed to have occurred, in more than one jurisdiction and one of the jurisdictions is a co‑regulatory jurisdiction, the National Agency must— (a) if the registered health practitioner's principal place of practice is in the co‑regulatory jurisdiction, refer the notification under subsection (2); or (b) otherwise, refer the notification under subsection (1). 149—Preliminary assessment (1) A National Board must, within 60 days after receipt of a notification, conduct a preliminary assessment of the notification and decide— (a) whether or not the notification relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and (b) whether or not the notification relates to a matter that is a ground for notification; and (c) if the notification is a notification referred to in paragraphs (a) and (b), whether or not it is a notification that could also be made to a health complaints entity. (2) Without limiting subsection (1)(b), the National Board may decide the notification relates to a matter that is a ground for notification under section 144 on the basis of— (a) a single notification about a person; or (b) a number of notifications about a person including— (i) a number of notifications that suggest a pattern of conduct; and (ii) notifications made to a health complaints entity. (3) If the National Board decides the notification relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the notification to that other Board. 149A—Power to require information (1) For the purpose of conducting the preliminary assessment of a notification, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way. (2) The person must comply with the notice unless the person has a reasonable excuse. (3) Without limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual. 149B—Inspection of documents (1) If a document is produced to a National Board, the Board may— (c) keep the document while it is necessary for the preliminary assessment of a notification. (2) If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board. 150—Relationship with health complaints entity (1) If the subject matter of a notification would also provide a ground for a complaint to a health complaints entity under a law of a participating jurisdiction, the National Board that received the notification must, as soon as practicable after its receipt— (a) notify the health complaints entity that the Board has received the notification; and (b) give to the health complaints entity— (i) a copy of the notification or, if the notification was not made in writing, a copy of the National Agency's record of the details of the notification; and (ii) any other information the Board has that is relevant to the notification. (2) If a health complaints entity receives a complaint about a health practitioner, the health complaints entity must, as soon as practicable after its receipt— (a) notify the National Board established for the practitioner's health profession that the health complaints entity has received the complaint; and (b) give to the National Board— (i) a copy of the complaint or, if the complaint was not made in writing, a copy of the health complaints entity's record of the details of the complaint; and (ii) any other information the health complaints entity has that is relevant to the complaint. (3) The National Board and the health complaints entity must attempt to reach agreement about how the notification or complaint is to be dealt with, including— (a) whether the Board is to deal with the notification or complaint, or part of the notification or complaint, or to decide to take no further action in relation to it; and (b) if the Board is to deal with the notification or complaint or part of the notification or complaint, the action the Board is to take. (4) If the National Board and the health complaints entity are not able to reach agreement on how the notification or complaint, or part of the notification or complaint, is to be dealt with, the most serious action proposed by either must be taken. (5) If an investigation, conciliation or other action taken by a health complaints entity raises issues about the health, conduct or performance of a registered health practitioner, the health complaints entity must give the National Board established for the practitioner's health profession written notice of the issues. (6) If a notification, or part of a notification, received by a National Board is referred to a health complaints entity, the Board may decide to take no further action in relation to the notification or the part of the notification until the entity gives the Board written notice that the entity has finished dealing with it. (7) If a National Board or an adjudication body takes health, conduct or performance action in relation to a registered health practitioner, the Board established for the practitioner's health profession must give written notice of the action to the health complaints entity for the participating jurisdiction in which the behaviour that provided the basis for the action occurred. (8) A written notice under subsection (5) or (7) must include— (a) sufficient particulars to identify the registered health practitioner; and (b) details of— (i) the issues raised about the health, conduct or performance of the registered health practitioner; or (ii) the health, conduct or performance action taken in relation to the registered health practitioner. 150A—Referral to other entities (1) If, after conducting the preliminary assessment of a notification, the National Board decides the subject matter, or part of the subject matter, of the notification may be dealt with by another entity, the Board may refer the notification or part of the notification to the other entity. (2) A decision by the National Board to refer a notification or part of a notification to another entity does not prevent the Board from continuing to deal with the notification or part of the notification. (3) If the National Board decides to refer a notification or part of a notification to another entity, it must give the other entity— (a) a copy of the notification or, if the notification was not made in writing, a copy of the Board's record of the details of the notification; and (b) any other information the Board has that is relevant to the notification. (4) The National Board may ask the other entity to give the Board information about how the subject matter of the notification or the part of the notification was resolved. (5) The other entity may provide the information requested by the National Board. 151—When National Board may decide to take no further action (1) A National Board may decide to take no further action in relation to a notification if— (a) the Board reasonably believes the notification is frivolous, vexatious, misconceived or lacking in substance; or (b) given the amount of time that has elapsed since the matter the subject of the notification occurred, it is not practicable for the Board to investigate or otherwise deal with the notification; or (c) the person to whom the notification relates has not been, or is no longer, registered in a health profession for which the Board is established and it is not in the public interest for the Board to investigate or otherwise deal with the notification; or (d) the subject matter of the notification has already been dealt with adequately by the Board; or (e) the subject matter of the notification— (i) is being dealt with, or has already been dealt with, by another entity; or (ii) has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or (f) the health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification. (1A) A National Board may decide to take no further action in relation to part of a notification if the subject matter of the part of the notification has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity. (2) A decision by a National Board to decide to take no further action in relation to a notification does not prevent a National Board or adjudication body taking the notification into consideration at a later time as part of a pattern of conduct or practice by the health practitioner. (3) If a National Board decides to take no further action in relation to a notification it must give written notice of the decision to the notifier. (4) A notice under subsection (3) must state— (a) that the National Board has decided to take no further action in relation to the notification; and (b) the reason the Board has decided to take no further action. 152—National Board to give notice of receipt of notification (1) A National Board must, as soon as practicable after receiving a notification about a registered health practitioner or student, give written notice of the notification to the practitioner or student. (2) The notice must advise the registered health practitioner or student of the nature of the notification. (3) Despite subsection (1), the National Board is not required to give the registered health practitioner or student notice of the notification if the Board reasonably believes doing so would— (a) prejudice an investigation of the notification; or (b) place at risk a person's health or safety or place a person at risk of intimidation or harassment. Division 6—Other matters 153—National Board may deal with notifications about same person together If the National Agency receives more than one notification about a registered health practitioner or student, the National Board established for the health profession in which the practitioner or student is registered may deal with the notifications together. 154—National Boards may deal with notifications collaboratively (1) This section applies if a notification received by a National Board relates to— (a) a registered health practitioner who is registered in more than one health profession; or (b) more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or (c) a person who is registered as a student in more than one health profession; or (d) more than one student and the students are registered in 2 or more different health professions. (2) The National Board may deal with the notification in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered. Division 7—Immediate action 155—Definition immediate action, in relation to a registered health practitioner or student, means— (a) the suspension, or imposition of a condition on, the health practitioner's or student's registration; or (b) accepting an undertaking from the health practitioner or student; or (c) accepting the surrender of the health practitioner's or student's registration; or (d) if immediate action has previously been taken suspending a health practitioner's or student's registration—the revocation of the suspension and the imposition of a condition on the registration; or (e) if immediate action has previously been taken imposing a condition on a health practitioner's or student's registration—the suspension of the registration instead of the condition. 156—Power to take immediate action (1) A National Board may take immediate action in relation to a registered health practitioner or student registered in a health profession for which the Board is established if— (a) the National Board reasonably believes that— (i) because of the registered health practitioner's health, conduct or performance, the practitioner poses a serious risk to persons; and (ii) it is necessary to take immediate action to protect public health or safety; or (b) the National Board reasonably believes that— (i) the student poses a serious risk to persons because the student— (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or (B) has, or may have, an impairment; or (C) has, or may have, contravened a condition of the student's registration or an undertaking given by the student to a National Board; and (ii) it is necessary to take immediate action to protect public health or safety; or (c) the registered health practitioner's registration was improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular; or (d) the registered health practitioner's or student's registration has been cancelled or suspended under the law of a jurisdiction, whether in Australia or elsewhere, that is not a participating jurisdiction; or (e) the National Board reasonably believes the action is otherwise in the public interest. Example of when action may be taken in the public interest— A registered health practitioner is charged with a serious criminal offence, unrelated to the practitioner's practice, for which immediate action is required to be taken to maintain public confidence in the provision of services by health practitioners. (2) However, the National Board may take immediate action that consists of suspending, or imposing a condition on, the health practitioner's or student's registration only if the Board has complied with section 157. 157—Show cause process (1) If a National Board is proposing to take immediate action that consists of suspending, or imposing a condition on, a registered health practitioner's or student's registration under section 156, the Board must— (a) give the practitioner or student notice of the proposed immediate action; and (b) invite the practitioner or student to make a submission to the Board, within the time stated in the notice about the proposed immediate action. (2) A notice given to a registered health practitioner or student under subsection (1), and any submissions made by the practitioner or student in accordance with the notice, may be written or verbal. (3) The National Board must have regard to any submissions made by the registered health practitioner or student in accordance with this section in deciding whether to take immediate action in relation to the practitioner or student. 158—Notice to be given to registered health practitioner or student about immediate action (1) Immediately after deciding to take immediate action in relation to a registered health practitioner or student, the National Board must— (a) give written notice of the Board's decision to the health practitioner or student; and (b) take the further action under this Part the Board considers appropriate, including, for example, investigating the practitioner or student or requiring the practitioner or student to undergo a health or performance assessment. (a) the immediate action the National Board has decided to take; and (b) the reasons for the decision to take the immediate action; and (c) the further action the National Board proposes to take under this Part in relation to the health practitioner or student; and (d) that the registered health practitioner or student may appeal against the decision to take the immediate action if the action is to suspend, or impose a condition on, the practitioner's or student's registration; and (e) how an application for appeal may be made and the period within which the application must be made. 159—Period of immediate action (1) The decision by the National Board to take immediate action in relation to the registered health practitioner or student takes effect on— (a) the day the notice is given to the practitioner or student; or (2) The decision continues to have effect until the earlier of the following occurs— (a) the decision is set aside on appeal; (b) for the suspension of, or imposition of conditions on, the registered health practitioner's or student's registration, the suspension is revoked, or the conditions are removed, by the National Board; or (c) for an undertaking, the National Board and the registered health practitioner or student agree to end the undertaking. 159A—Board may give information to notifier about immediate action (1) This section applies if a notification about a registered health practitioner or student results in immediate action by a National Board under this division in relation to the practitioner or student. (2) After deciding to take the immediate action, the National Board may inform the notifier who made the notification of the decision and the reasons for the decision.