Div 6AWithdrawal of registration

Division 6A—Withdrawal of registration 85A—Power to withdraw registration A National Board may withdraw the registration of a registered health practitioner registered in a health profession for which the Board is established if the Board reasonably believes the practitioner's registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular. 85B—Registered health practitioner may make submissions about proposed withdrawal of registration (1) If a National Board is proposing to withdraw a registered health practitioner's registration under section 85A, the Board must give the practitioner written notice of the proposal. (b) invite the registered health practitioner to make a written or verbal submission to the National Board, within the reasonable time stated in the notice, about the proposal. (3) This section does not prevent a National Board from taking immediate action under Division 7 of Part 8 in relation to the registered health practitioner. 85C—Decision about withdrawal of registration After considering any submissions made in accordance with a notice under section 85B, the National Board must— (a) decide— (i) the registration was not improperly obtained on the ground the registered health practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and (ii) no further action is to be taken; or (b) decide the registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular and do one or more of the following— (i) withdraw the practitioner's registration; (ii) refer the matter to a responsible tribunal; (iii) take other appropriate action under Part 8. 85D—Notice to be given to registered health practitioner (1) The National Board must give the registered health practitioner written notice of the Board's decision under section 85C as soon as practicable, but no later than 30 days after making the decision. (2) If the National Board decides to withdraw the registered health practitioner's registration, the notice must state— (b) that the practitioner may appeal against the decision; and (c) how the application for appeal may be made and the period within which the application must be made. If, under section 85C(b)(ii) or (iii), the National Board decides to refer the matter to a responsible tribunal or take other appropriate action under Part 8, notice of the referral or other action will be given to the registered health practitioner under the relevant provision of Part 8. 85E—When decision takes effect The decision by the National Board to withdraw a person's registration takes effect on— (a) the day notice of the Board's decision is given to the person; or Division 7—Student registration Subdivision 1—Persons undertaking approved programs of study 86—Definitions In this Subdivision— approved program of study, for a health profession, does not include an approved program of study that provides a qualification for endorsement of registration in the profession but does not qualify a person for registration in the profession. particulars means particulars required to be included in the student register. 87—National Board must register persons undertaking approved program of study (1) The National Board established for a health profession must decide whether persons who are undertaking an approved program of study for the health profession must be registered— (a) for the entire period during which the persons are enrolled in the approved program of study; or (b) for the period starting when the persons begin a particular part of the approved program of study and ending when the persons complete, or otherwise cease to be enrolled in, the program. (2) In deciding whether to register persons undertaking an approved program of study for the entire period of the program of study or only part of the period, the National Board must have regard to— (a) the likelihood that persons undertaking the approved program of study will, in the course of undertaking the program, have contact with members of the public; and (b) if it is likely that the persons undertaking the approved program of study will have contact with members of the public— (i) when in the approved program of study it is likely the persons will have contact with members of the public; and (ii) the potential risk that contact may pose to members of the public. 88—National Board may ask education provider for list of persons undertaking approved program of study (1) For the purposes of registering persons as required by section 87, a National Board may, at any time by written notice given to an education provider, ask the provider for the following— (a) the particulars of all persons who are undertaking an approved program of study for a health profession for which the Board is established; (b) the particulars of all persons who will be undertaking the part of the approved program of study specified in the notice. (2) An education provider given a notice under subsection (1) must not fail, without reasonable excuse, to comply with the notice. (3) A contravention of subsection (2) does not constitute an offence. (4) However, if an education provider does not comply with a notice under subsection (1)— (a) the National Board that gave the education provider the notice must publish details of the failure to comply with the notice on the Board's website; and (b) the National Agency may, on the recommendation of the National Board, include a statement about the failure to comply with the notice in the Agency's annual report. 89—Registration of students (1) On receipt of the particulars of persons undertaking an approved program of study, or part of an approved program of study, under section 88— (a) the National Board may register the persons as students in the health profession by entering the persons' particulars in the student register kept by the Board; or (b) the National Board may— (i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and (ii) on receipt of the person's application form, register the person as a student in the health profession by entering the person's particulars in the student register kept by the Board. (2) The National Board must not register a person as a student if the person is undertaking an approved program of study for a health profession in which the person already holds registration under Division 6. (3) The National Board must not require a person to pay a fee for registration as a student. (4) As soon as practicable after registering a person as a student, a National Board must give written notice of the registration to— (a) the education provider that provided the student's particulars to the Board; and (b) if the Board required the person to complete an application form for registration, the student. (5) As soon as practicable after receiving notice that a student has been registered under subsection (1)(a), the education provider must give written notice of the registration to the student. 90—Period of student registration The period of registration for a student— (a) starts when the student is registered under section 89; and (b) expires at the end of the day on which the student completes, or otherwise ceases to be enrolled in, the approved program of study. Subdivision 2—Other persons to be registered as students 91—Education provider to provide lists of persons (1) If an education provider arranges clinical training in a health profession for a person who is not enrolled in an approved program of study for the profession, the education provider must give the National Board established for the profession written notice about the arrangement. (2) Subsection (1) does not apply if the person is a registered health practitioner who is registered in the health profession in which the clinical training is being undertaken. (3) A notice under subsection (1) must include— (a) the particulars of the person undertaking the clinical training; and (b) particulars of the arrangement for the person to undertake the clinical training. (4) On receipt of a notice under subsection (1)— (a) the National Board may register the persons as students in the health profession by entering the persons' particulars in the student register kept by the Board; or (b) the National Board may— (i) by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and (ii) on receipt of the person's application form, register the person as a student in the health profession by entering the person's particulars in the student register kept by the Board. (5) As soon as practicable after registering a person as a student under subsection (4), a National Board must give written notice of the registration to the education provider that provided the student's particulars to the Board. (6) The National Board must not require a person to pay a fee for registration as a student. (7) A student's period of registration under this section— (a) starts when the student is registered under subsection (4); and (b) expires at the end of the day on which the person completes, or otherwise ceases to undertake, the period of clinical training. Subdivision 3—General provisions applicable to students 92—Notice to be given if student registration suspended or conditions imposed (1) This section applies if, at any time, any of the following events occurs— (a) a person's registration as a student under this Law is suspended; (b) a condition is imposed on a person's registration as a student under this Law or a condition to which a person's registration is subject is changed or removed; (c) a National Board accepts an undertaking from a person who is a student. (2) The National Board established for the person's health profession must, as soon as practicable after the event occurs, give written notice of the event to the education provider with which the person is undertaking the approved program of study. (3) If an education provider is given a notice under subsection (2) about a person, the education provider must, as soon as practicable after receiving the notice, give notice of the event to any entity with whom the person is undertaking training as part of the approved program of study. 93—Report to National Board of cessation of status as student (a) a student completes, or otherwise ceases to be enrolled in, an approved program of study for a health profession provided by an education provider; or (b) a student completes, or otherwise ceases to undertake, clinical training in a health profession arranged by an education provider. (2) The education provider must give written notice of the student ceasing to be enrolled in the program of study, or to undertake the clinical training, to the National Board established for the health profession within 60 days of it occurring. (3) A contravention of subsection (2) does not constitute an offence. (4) However, if an education provider contravenes subsection (2)— (a) the National Board must publish details of the contravention on the Board's website; and (b) the National Agency may, on the recommendation of the National Board, include a statement about the contravention in the Agency's annual report.