Part 11Miscellaneous

Part 11—Miscellaneous Division 1—Provisions relating to persons exercising functions under Law 234—General duties of persons exercising functions under this Law (1) A person exercising functions under this Law must, when exercising the functions, act honestly and with integrity. (2) A person exercising functions under this Law must exercise the person's functions under this Law— (a) in good faith; and (b) in a financially responsible manner; and (c) with a reasonable degree of care, diligence and skill. (3) A person exercising functions under this Law must not make improper use of the person's position or of information that comes to the person's knowledge in the course of, or because of, the person's exercise of the functions— (a) to gain an advantage for himself or herself or another person; or (b) to cause a detriment to the development, implementation or operation of the national registration and accreditation scheme. 235—Application of Commonwealth Ombudsman Act (1) The Ombudsman 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 Ombudsman Act applies— (a) as if a reference to the Commonwealth Ombudsman were a reference to the National Health Practitioner Ombudsman; and (b) with any other modifications made by the regulations. (3) Without limiting subsection (2), the regulations may— (a) provide that the Ombudsman Act applies under subsection (1) as if a provision of the Ombudsman Act specified in the regulations were omitted; or (b) provide that the Ombudsman Act applies under subsection (1) as if an amendment to the Ombudsman Act made by a law of the Commonwealth, and specified in the regulations, had not taken effect; or Ombudsman Act means the Ombudsman Act 1976 of the Commonwealth, as in force from time to time. 236—Protection from personal liability for persons exercising functions (1) A protected person is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a function under this Law; or (b) in the reasonable belief that the act or omission was the exercise of a function under this Law. (2) Any liability resulting from an act or omission that would, but for subsection (1), attach to a protected person attaches instead to the National Agency. protected person means any of the following— (b) a member of the Agency Board; (c) a member of a National Board or a committee of the National Board; (d) a member of an external accreditation entity; (e) a member of the staff of the National Agency; (f) a consultant or contractor engaged by the National Agency; (g) a person appointed by the National Agency to conduct an examination or assessment for a National Board; (h) a person employed or engaged by an external accreditation entity to assist it with its accreditation function. 237—Protection from liability for persons making notification or otherwise providing information (1) This section applies to a person who, in good faith— (a) makes a notification under this Law; or (b) gives information in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law. (2) The person is not liable, civilly, criminally or under an administrative process, for giving the information. (3) Without limiting subsection (2)— (a) the making of the notification or giving of the information does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct; and (b) no liability for defamation is incurred by the person because of the making of the notification or giving of the information. (4) The protection given to the person by this section extends to— (a) a person who, in good faith, provided the person with any information on the basis of which the notification was made or the information was given; and (b) a person who, in good faith, was otherwise concerned in the making of the notification or giving of the information. 237A—Protection from reprisals for persons making notifications or otherwise providing information, documents or assistance (1) A person must not— (a) use threats or intimidation to attempt to persuade another person not to take protected action; or (b) dismiss, or refuse to employ, another person because, or in the belief that, the other person has taken, or intends to take, protected action; or (c) subject another person to other detriment or reprisal because, or in the belief that, the other person has taken, or intends to take, protected action. (a) in the case of an individual—$60 000; (b) in the case of a body corporate—$120 000. protected action means— (b) giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law. 237B—Non‑disclosure agreements (1) A provision of a non‑disclosure agreement is void to the extent it prevents or limits a person from— (b) giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law. (2) A relevant person must not enter into a non‑disclosure agreement unless the agreement sets out, clearly and in writing, that the agreement does not limit a person from— (b) giving information, documents or other assistance in the course of an investigation or for another purpose under this Law to a person exercising functions under this Law. non‑disclosure agreement means a contract or other agreement that prohibits or restricts the disclosure of information or documents by a person in relation to the health, conduct or performance of a registered health practitioner or former registered practitioner; relevant person means the following— (a) an employer or former employer of a registered health practitioner or a person who was registered under this Law; (b) a health service provider whose services are provided by registered health practitioners; (c) a registered health practitioner. Division 2—Inspectors 238—Functions and powers of inspectors (1) An inspector has the function of conducting investigations to enforce compliance with this Law. (2) Schedule 6 sets out provisions relating to the powers of an inspector. 239—Appointment of inspectors (1) A National Board may appoint the following persons as inspectors— (a) members of the National Agency's staff; (b) contractors engaged by the National Agency. (2) An inspector holds office on the conditions stated in the instrument of appointment. (3) If an inspector's appointment provides for a term of appointment, the inspector ceases holding office at the end of the term. (4) An inspector may resign by signed notice of resignation given to the National Board that appointed the inspector. 240—Identity card (1) A National Board must give an identity card to each inspector it appoints. (2) The identity card must— (a) contain a recent photograph of the inspector; and (b) be signed by the inspector; and (c) identify the person as an inspector appointed by the National Board; and (d) include an expiry date. (3) This section does not prevent the issue of a single identity card to a person— (a) if the person is appointed as an inspector for this Law by more than one National Board; or (b) if the person is appointed as an inspector and investigator for this Law by a National Board; or (c) for this Law and other Acts. (4) A person who ceases to be an inspector must give the person's identity card to the National Board that appointed the person within 7 days after the person ceases to be an inspector, unless the person has a reasonable excuse. 241—Display of identity card (1) An inspector may exercise a power in relation to someone else (the other person) only if the inspector— (a) first produces the inspector's identity card for the other person's inspection; or (b) has the identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for the other person's inspection at the first reasonable opportunity. Division 3—Legal proceedings 241A—Proceedings for indictable offences (1) An offence against any of the following provisions is an indictable offence— (a) Division 10 of Part 7; (b) section 159O(1); (c) section 196A(1). (2) Despite subsection (1), an offence against Division 10 of Part 7, section 159O(1) or section 196A(1) may be prosecuted as an indictable offence or a summary offence at the discretion of the prosecutor but, if prosecuted as a summary offence, the maximum penalty that may be imposed is a fine not exceeding $60 000 or imprisonment for 2 years. 242—Proceedings for other offences A proceeding for an offence against this Law, other than an offence mentioned in section 241A(1), is to be by way of a summary proceeding before a court of summary jurisdiction. 243—Conduct may constitute offence and be subject of disciplinary proceedings (1) If a person's behaviour constitutes an offence against this Law or another Act and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Law— (a) the fact that proceedings for an offence have been taken in relation to the behaviour does not prevent proceedings being taken before an adjudication body under this Law for the same behaviour; and (b) the fact that proceedings have been taken before an adjudication body under this Law in relation to the conduct does not prevent proceedings for an offence being taken for the same behaviour. (2) If a person's behaviour may be dealt with by a health complaints entity under the law of a participating jurisdiction and constitutes professional misconduct, unsatisfactory professional performance or unprofessional conduct under this Law— (a) the fact that the behaviour has been dealt with by the health complaints entity does not prevent proceedings being taken before an adjudication body under this Law for the same behaviour; and (b) the fact that proceedings have been taken before an adjudication body under this Law in relation to the behaviour does not prevent action being taken by the health complaints entity under the law of the participating jurisdiction for the same behaviour. 244—Evidentiary certificates A certificate purporting to be signed by the chief executive officer of the National Agency and stating any of the following matters is prima facie evidence of the matter— (a) a stated document is one of the following things made, given, issued or kept under this Law— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a certificate of registration; (iv) a register, or an extract from a register; (v) a record, or an extract from a record; (b) a stated document is another document kept under this Law; (c) a stated document is a copy of a document mentioned in paragraph (a) or (b); (d) on a stated day, or during a stated period, a stated person was or was not a registered health practitioner or a student; (e) on a stated day, or during a stated period, a registration or endorsement was or was not subject to a stated condition; (f) on a stated day, a registration was suspended or cancelled; (g) on a stated day, or during a stated period, an appointment as an investigator or inspector was, or was not, in force for a stated person; (h) on a stated day, a stated person was given a stated notice or direction under this Law; (i) on a stated day, a stated requirement was made of a stated person. Division 4—Regulations 245—National regulations (1) The Ministerial Council may make regulations for the purposes of this Law. (2) The regulations may provide for any matter that is necessary or convenient to be prescribed for carrying out or giving effect to this Law. (3) The regulations are to be published by the Victorian Government Printer in accordance with the arrangements for the publication of the making of regulations in Victoria. (4) A regulation commences on the day or days specified in the regulation for its commencement (being not earlier than the date it is published). Victorian Government Printer means the person appointed to be the Government Printer for Victoria under section 72 of the Constitution Act 1975 of Victoria. 246—Parliamentary scrutiny of national regulations (1) A regulation made under this Law must be tabled in, or notice of its making given to, the Parliament of each participating jurisdiction— (a) if a regulation made under an Act of that jurisdiction must be tabled in the Parliament of that jurisdiction—in the same way a regulation must be tabled in that jurisdiction; or (b) if notice of the making of a regulation made under an Act of that jurisdiction must be given to the Parliament of that jurisdiction—in the same way notice must be given in that jurisdiction. (1a) However, failure to comply with subsection (1) does not affect the validity of the regulation. (1b) The regulation may be disallowed in a participating jurisdiction by a House of the Parliament of that jurisdiction in the same way that a regulation made under an Act of that jurisdiction may be disallowed. (1c) However, subsection (1d) applies if— (a) a regulation is not tabled in accordance with the law of a participating jurisdiction; and (b) under the law of that jurisdiction a regulation may be disallowed only after its tabling. (1d) The regulation is taken to be have been tabled in the Parliament of that jurisdiction on the first sitting day after the regulation was required to be tabled under the law of the jurisdiction. (2) A regulation disallowed under subsection (1) does not cease to have effect in the participating jurisdiction, or any other participating jurisdiction, unless the regulation is disallowed in a majority of the participating jurisdictions. (3) If a regulation is disallowed in a majority of the participating jurisdictions, it ceases to have effect in all participating jurisdictions on the date of its disallowance in the last of the jurisdictions forming the majority. regulation includes a provision of a regulation. 247—Effect of disallowance of national regulation (1) The disallowance of a regulation in a majority of jurisdictions has the same effect as a repeal of the regulation. (2) If a regulation ceases to have effect under section 246 any law or provision of a law repealed or amended by the regulation is revived as if the disallowed regulation had not been made. (3) The restoration or revival of a law under subsection (2) takes effect at the beginning of the day on which the disallowed regulation by which it was amended or repealed ceases to have effect. regulation includes a provision of a regulation. Division 5—Miscellaneous 248—Combined notice may be given If an entity is required under this Law to give another entity (the recipient) notices under more than one provision, the entity may give the recipient a combined notice for the provisions. 249—Fees The National Agency may, in accordance with a health profession agreement entered into with a National Board— (a) refund a relevant fee paid into the Board's account kept in the Agency Fund; or (b) waive, in whole or in part, a relevant fee payable for a service provided by the Board; or (c) require a person who pays a relevant fee late to pay an additional fee.