Div 1AAustralian Information Commissioner

Division 1A—Australian Information Commissioner 212A—Application of Commonwealth AIC Act (1) The AIC Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme. (2) For the purposes of subsection (1), the AIC Act applies— (a) as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and (b) as if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and (c) with any other modifications made by the regulations. (3) Without limiting subsection (2)(c), the regulations may— (a) provide that the AIC Act applies under subsection (1) as if a provision of the AIC Act specified in the regulations were omitted; or (b) provide that the AIC Act applies under subsection (1) as if an amendment to the AIC Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or AIC Act means the Australian Information Commissioner Act 2010 of the Commonwealth, as in force from time to time. Division 1—Privacy 213—Application of Commonwealth Privacy Act (1) The Privacy Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme. (2) For the purposes of subsection (1), the Privacy Act applies— (a) as if a reference to the Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and (b) with any other modifications made by the regulations. (3) Without limiting subsection (2)(b), the regulations may— (a) provide that the Privacy Act applies under subsection (1) as if a provision of the Privacy Act specified in the regulations were omitted; or (b) provide that the Privacy Act applies under subsection (1) as if an amendment to the Privacy Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or Privacy Act means the Privacy Act 1988 of the Commonwealth, as in force from time to time. Division 2—Disclosure of information and confidentiality 214—Definition protected information means information that comes to a person's knowledge in the course of, or because of, the person exercising functions under this Law. 215—Application of Commonwealth FOI Act (1) The FOI Act applies as a law of a participating jurisdiction for the purposes of the national registration and accreditation scheme. (2) For the purposes of subsection (1), the FOI Act applies— (a) as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Health Practitioner Privacy Commissioner; and (b) as if a reference to the Information Commissioner were a reference to the National Health Practitioner Privacy Commissioner; and (c) with any other modifications made by the regulations. (3) Without limiting subsection (2)(c), the regulations may— (a) provide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the regulations were omitted; or (b) provide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or FOI Act means the Freedom of Information Act of the Commonwealth, as in force from time to time. 216—Duty of confidentiality (1) A person who is, or has been, a person exercising functions under this Law must not disclose to another person protected information. (2) However, subsection (1) does not apply if— (a) the information is disclosed in the exercise of a function under, or for the purposes of, this Law; or (b) the disclosure— (i) is to a co‑regulatory authority; or (ii) is authorised or required by any law of a participating jurisdiction; or (c) the disclosure is otherwise required or permitted by law; or (d) the disclosure is with the agreement of the person to whom the information relates; or (e) the disclosure is in a form that does not identify the identity of a person; or (f) the information relates to proceedings before a responsible tribunal and the proceedings are or were open to the public; or (g) the information is, or has been, accessible to the public, including because it is or was recorded in a National Register; or (h) the disclosure is otherwise authorised by the Ministerial Council. 217—Disclosure of information for workforce planning (1) The Ministerial Council may, by written notice given to a National Board, ask the Board for information required by the Council for planning the workforce of health practitioners, or a class of practitioners, in Australia or a part of Australia. (2) If a National Board receives a request under subsection (1), the Board may, by written notice given to health practitioners registered in a health profession for which the Board is established, ask the practitioners for information relevant to the request. (3) A registered health practitioner who is asked to provide information under subsection (2) may, but is not required to, provide the information. (4) The National Board— (a) must give information received from a registered health practitioner to the Ministerial Council in a way that does not identify any registered health practitioner; and (b) must not use information received under this section that identifies a registered health practitioner for any other purpose. (5) The Ministerial Council must publish information it receives under this section in a way that is timely and ensures it is accessible to the public. 218—Disclosure of information for information management and communication purposes (1) A person may disclose protected information to an information management agency if the disclosure is in accordance with an authorisation given by the Ministerial Council under subsection (2). (2) The Ministerial Council may authorise the disclosure of protected information to an information management agency if the Council is satisfied— (a) the protected information will be collected, stored and used by the information management agency in a way that ensures the privacy of the persons to whom it relates is protected; and (b) the provision of the protected information to the information management agency is necessary to enable the agency to exercise its functions. (3) An authorisation under subsection (2)— (a) may apply to protected information generally or a class of protected information; and (b) may be subject to conditions. information management agency means a Commonwealth, State or Territory agency that has functions relating to the identification of health practitioners for information management and communication purposes, including, for example, the National E‑health Transition Authority. 219—Disclosure of information to other Commonwealth, State and Territory entities (1) A person exercising functions under this Law may disclose protected information to the following entities— (a) the Chief Executive Medicare under the Human Services (Medicare) Act 1973 of the Commonwealth; (b) an entity performing functions under the Health Insurance Act 1973 of the Commonwealth; (c) the Secretary within the meaning of the National Health Act 1953 of the Commonwealth; (d) the Secretary to the Department in which the Migration Act 1958 of the Commonwealth is administered; (e) another Commonwealth, State or Territory entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners. (2) However, a person may disclose protected information under subsection (1) only if the person is satisfied— (a) the protected information will be collected, stored and used by the entity to which it is disclosed in a way that ensures the privacy of the persons to whom it relates is protected; and (b) the provision of the protected information to the entity is necessary to enable the entity to exercise its functions. 220—Disclosure to protect health or safety of patients or other persons (1) This section applies if a National Board reasonably believes that— (a) either of the following poses, or may pose, a risk to public health— (i) a registered health practitioner; (ii) a person who provides a health service but is not a registered health practitioner; or (b) the health or safety of a patient or class of patients is or may be at risk because of— (i) a registered health practitioner's practice as a health practitioner; or (ii) the provision of a health service by a person who is not a registered health practitioner. (2) The National Board may give written notice of the risk and any relevant information about a person mentioned in subsection (1)(a) or (b) to an entity of the Commonwealth or a State or Territory that the Board considers may be required to take action in relation to the risk. 220A—Disclosure of information about registered health practitioners to protect health or safety of persons (a) because of a notification or an investigation under this Law, a 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 give notice under this section to protect public health or safety; and (b) the Board has been given practice information under section 132 or becomes aware of practice information the Board has the power to request under that section. (2) If the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (a) of the definition of practice information in section 132(4) and includes the names of other registered health practitioners, the Board may give the following to the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises— (a) written notice of the risk; (b) any relevant information about the registered health practitioner. (3) If the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (b) of the definition of practice information in section 132(4), the Board, as soon as practicable after receiving or becoming aware of the information, must give the following to a named entity that has a current practice arrangement with the registered health practitioner— (a) written notice of the risk; (b) any relevant information about the registered health practitioner. (4) To avoid doubt, subsections (2) and (3) do not allow the Board to give health information about a patient to— (a) the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises; or (b) the named entity that has a current practice arrangement with the practitioner. (5) Subsections (2) and (3) do not apply if the National Board decides it is not in the public interest to give the notice. A National Board may decide it is not in the public interest to give the notice because— (a) it would impact on an investigation into the registered health practitioner; or (b) it would place a notifier at risk of harassment, harm or intimidation; or (c) the public interest is outweighed by the registered health practitioner's right to privacy. (6) Subsection (3) does not apply if the National Board has already notified the named entity about the practitioner, in relation to the same risk, under section 206 or another provision of this Law. (7) In this section— health information has the same meaning as in the Privacy Act 1988 of the Commonwealth. 220B—Disclosure of information about unregistered persons to protect health or safety of persons (a) because of an investigation into a possible offence against Part 7, or a prosecution of an offence against that Part, the National Agency or a National Board reasonably believes that— (i) an unregistered person poses a serious risk to persons; and (ii) it is necessary to give notice under this section to protect public health or safety; and (b) the unregistered person— (i) is self-employed and shares premises and the cost of the premises with registered health practitioners; or (ii) has a practice arrangement with an entity. (2) The National Agency or the National Board may give written notice of the risk, and any relevant information about the unregistered person, to the registered health practitioners or entities mentioned in subsection (1)(b). (3) To avoid doubt, subsection (2) does not allow the Board to give health information about a patient to the registered health practitioners or entities mentioned in subsection (1)(b). health information has the same meaning as in the Privacy Act 1988 of the Commonwealth. 221—Disclosure to registration authorities A person exercising functions under this Law may disclose protected information to a registration authority if the disclosure is necessary for the authority to exercise its functions. Division 3—Registers in relation to registered health practitioner 222—Public national registers (1) A public national register, with the name listed in column 1 of the following table, is to be kept for each health profession. (2) A public national register for a health profession is to include the names of all health practitioners (other than specialist health practitioners) currently registered in the profession. (3) If divisions are listed beside the public national register in column 2 of the table, the register is to be kept in a way that ensures it includes those divisions. (4) In addition, a public national register for a health profession is to include— (a) the names of all health practitioners (other than specialist health practitioners) whose registration has been cancelled by an adjudication body; and (b) the names of all persons (other than specialist health practitioners or persons who were previously specialist health practitioners) subject to a prohibition order; and (c) the names of all persons who were previously registered health practitioners (other than persons who were previously specialist health practitioners) who are subject to an interim prohibition order. (5) A public national register required to be kept under this section is to be kept by the National Board prescribed by the regulations for the register, in conjunction with the National Agency. Table—Public national registers Name of public national register Divisions of public national register Register of Aboriginal and Torres Strait Islander Health Practitioners Register of Chinese Medicine Practitioners Acupuncturists, Chinese herbal medicine practitioners, Chinese herbal dispensers Register of Chiropractors Register of Dental Practitioners Dentists, Dental therapists, Dental hygienists, Dental prosthetists, Oral health therapists Register of Medical Practitioners Register of Medical Radiation Practitioners Diagnostic radiographers, Nuclear medicine technologists, Radiation therapists Register of Midwives Register of Nurses Registered nurses (Division 1), Enrolled nurses (Division 2) Register of Occupational Therapists Register of Optometrists Register of Osteopaths Register of Paramedics Register of Pharmacists Register of Physiotherapists Register of Podiatrists Register of Psychologists 223—Specialists Registers The National Board established for a health profession for which specialist recognition operates under this Law must, in conjunction with the National Agency, keep— (a) a public national specialists register that includes the names of all specialist health practitioners currently registered in a health profession for which the Board is established; and (b) a public national register that includes the names of all— (i) specialist health practitioners whose registration has been cancelled by an adjudication body; and (ii) persons who are subject to a prohibition order; and (iii) persons who were previously specialist health practitioners who are subject to an interim prohibition order. 224—Way registers are to be kept Subject to this Division, a register a National Board is required to keep under this Division must be kept— (a) in a way that ensures it is up-to-date and accurate; and (b) otherwise in the way the National Agency considers appropriate. 225—Information to be recorded in National Register or Specialists Register A National Register or Specialists Register must include the following information for each registered health practitioner whose name is included in the register— (a) the practitioner's sex; (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)(a) to refuse to record the name in a National Register or Specialists Register; (b) the suburb and postcode of the practitioner's principal place of practice; (c) the registration number or code given to the practitioner by the National Board; (d) the date on which the practitioner was first registered in the health profession in Australia, whether under this Law or a corresponding prior Act; (e) the date on which the practitioner's registration expires; (f) the type of registration held by the practitioner; (g) if the register includes divisions, the division in which the practitioner is registered; (h) if the practitioner holds specialist registration, the recognised specialty in which the practitioner is registered; (i) if the practitioner holds limited registration, the purpose for which the practitioner is registered; (j) if the practitioner has been reprimanded, the fact that the practitioner has been reprimanded; (k) if a condition has been imposed on the practitioner's registration or the National Board has entered into an undertaking with the practitioner— (i) if section 226(1) applies, the fact that a condition has been imposed or an undertaking accepted; or (ii) otherwise, details of the condition or undertaking; (l) if the practitioner's registration is suspended, the fact that the practitioner's registration has been suspended and, if the suspension is for a specified period, the period during which the suspension applies; (m) if the practitioner's registration has been endorsed, details of the endorsement; (n) details of any qualifications relied on by the practitioner to obtain registration or to have the practitioner's registration endorsed; (o) if the practitioner has advised the National Board the practitioner fluently speaks a language other than English, details of the other language spoken; (p) any other information the National Board considers appropriate. 226—National Board may decide not to include or to remove certain information in register (1) A National Board may decide that a condition imposed on a registered health practitioner's registration, or the details of an undertaking accepted from a registered health practitioner, because the practitioner has an impairment is not to be recorded in a National Register or Specialists Register in which the practitioner's name is included if— (a) it is necessary to protect the practitioner's privacy; and (b) there is no overriding public interest for the condition or the details of the undertaking to be recorded. (2) A National Board may decide that information relating to a registered health practitioner is not to be recorded in a National Register or Specialists Register in which the practitioner's name is included if— (a) the practitioner asks the Board not to include the information in the register; and (b) the Board reasonably believes the inclusion of the information in the register would present a serious risk to the health or safety of— (i) the practitioner; or (ii) a member of the practitioner's family or an associate of the practitioner. (2A) A National Board may decide to record information, which it previously excluded under subsection (2), in a National Register or Specialists Register if the Board reasonably believes the circumstances on which the previous exclusion was based have changed. (3) A National Board may decide to remove information that a registered health practitioner has been reprimanded from a National Register or Specialists Register in which the practitioner's name is included if it considers it is no longer necessary or appropriate for the information to be recorded on the Register. associate, of a registered health practitioner, includes a friend, neighbour or colleague of the practitioner. family, of a registered health practitioner, includes— (a) persons related to the practitioner by blood, marriage or adoption, for example, the practitioner's spouse, children and parents; and (b) persons in a de facto relationship with the practitioner; and (c) persons connected to the practitioner through Aboriginal and Torres Strait Islander kinship ties. 227—Register about former registered health practitioners A register kept by a National Board under section 222 or 223(b) must include the following— (a) for each health practitioner whose registration was cancelled by an adjudication body— (i) the fact the practitioner's registration was cancelled by an adjudication body; and (ii) the grounds on which the practitioner's registration was cancelled; and (iii) if the adjudication body's hearing was open to the public, details of the conduct that formed the basis of the adjudication; (b) for each person subject to a prohibition order, a copy of the order. 228—Inspection of registers (1) The National Agency— (a) must keep each register kept by a National Board under this Division open for inspection, free of charge, by members of the public— (i) at its national office and each of its local offices during ordinary office hours; and (ii) on the Agency's website; and (b) must give a person an extract from the register on payment of the relevant fee; and (c) may give a person a copy of the register on payment of the relevant fee. (2) The National Agency may give a person a copy of the register under subsection (1)(c) only if the Agency is satisfied it would be in the public interest to do so. (3) The National Agency may waive, wholly or partly, the payment of a fee by a person under subsection (1)(b) or (c) if the Agency considers it appropriate in the circumstances. Division 4—Student registers 229—Student registers (1) Each National Board must, in conjunction with the National Agency, keep a student register that includes the name of all persons currently registered as students by the Board. (2) A student register is not to be open to inspection by the public. 230—Information to be recorded in student register (1) Subject to this Division, a student register kept by a National Board must be kept in the way the National Agency considers appropriate. (2) A student register kept by a National Board must include the following information for each student whose name is included in the register— (a) the student's name; (b) the student's date of birth; (c) the student's sex; (d) the student's mailing address and any other contact details; (e) the name of the education provider that is providing the approved program of study being undertaken by the student; (f) the date on which the student was first registered, whether under this law or a corresponding prior Act; (g) the date on which the student started the approved program of study; (h) the date on which the student is expected to complete the approved program of study; (i) if the student has completed or otherwise ceased to be enrolled in the approved program of study, the date of the completion or cessation; (j) if a condition has been imposed on the student's registration, details of the condition; (k) if the Board accepts an undertaking from the student, details of the undertaking; (l) any other information the Board considers appropriate. Division 5—Other records 231—Other records to be kept by National Boards A National Board must keep a record of the following information for each health practitioner it registers— (a) information that identifies the practitioner; (b) the practitioner's contact details; (c) information about the practitioner's registration or endorsement; (d) information about any previous registration of the practitioner, whether in Australia or overseas; (e) information about any notification made about the practitioner and any investigation and health, conduct or performance action taken as a result of the notification; (f) information about the practitioner's professional indemnity insurance arrangements; (g) information about checks carried out by the Board about the practitioner's criminal history and identity, including the nature of the check carried out, when it was carried out and the nature of the information provided by the check. 232—Record of adjudication decisions to be kept and made publicly available (1) A National Board is to keep and publish on its website a record of decisions made by— (a) panels established by the Board; and (b) responsible tribunals that relate to registered health practitioners or students registered in a health profession for which the Board is established. (2) The record is to be kept— (a) in a way that does not identify persons involved in the matter, unless the decision was made by a responsible tribunal and the hearing was open to the public; and (b) otherwise in the way decided by the National Board. Division 6—Unique identifier 233—Unique identifier to be given to each registered health practitioner (a) a National Board registers a person in a health profession for which the Board is established; and (b) the person has not previously been registered by that Board or any other National Board. (2) The National Board must, at the time of registering the person, give the person an identifying number or code (a unique identifier) that is unique to the person. (3) The National Board must keep a record of the unique identifier given to the person. (4) If the person is subsequently registered by the National Board or another Board the person is to continue to be identified by the unique identifier given to the person under subsection (2).