Part 12Transitional provisions

Part 12—Transitional provisions 250—Definitions commencement day means 1 July 2010. local registration authority means an entity that had functions under a law of a participating jurisdiction that included the registration of persons as health practitioners. participation day, for a participating jurisdiction, means— (a) for a health profession other than a relevant health profession— (i) 1 July 2010; or (ii) the later day on which the jurisdiction became a participating jurisdiction; or (b) for a relevant health profession, 1 July 2012. relevant health profession means— (a) Aboriginal and Torres Strait Islander health practice; or (b) Chinese medicine; or (c) medical radiation practice; or (d) occupational therapy. repealed Law means the Health Practitioner Regulation (Administrative Arrangements) National Law set out in the Schedule to the Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 of Queensland. 251—References to registered health practitioners (1) A reference in an Act of a participating jurisdiction, or another instrument, to the Health Practitioner Regulation (Administrative Arrangements) National Law may, if the context permits, be taken to be a reference to this Law. (2) A reference in an Act of a participating jurisdiction, or another instrument, to a health practitioner registered in a health profession under a corresponding prior Act may, if the context permits, be taken after the participation day to be a reference to a health practitioner registered in the health profession under this Law. Division 2—Ministerial Council 252—Directions given by Ministerial council A direction given by the Ministerial Council to the National Agency or a National Board under the repealed Law, and in force immediately before the commencement day, is taken from the commencement day to be a direction given by the Ministerial Council under this Law. 253—Accreditation functions exercised by existing accreditation entities (1) This section applies to an entity that, immediately before the commencement day, was an entity appointed by the Ministerial Council under the repealed Law to exercise functions with respect to accreditation for a health profession under the national registration and accreditation scheme. (2) From the commencement day, the entity is taken to have been appointed under this Law to exercise the functions for the health profession. (3) An accreditation standard approved by the entity for a health profession, and in force immediately before the commencement day, is taken to be an approved accreditation standard for the health profession under this Law. (4) The National Board established for the health profession must, not later than 3 years after the commencement day, review the arrangements for the exercise of accreditation functions for the health profession. (5) The National Board must ensure the process for the review includes wide-ranging consultation about the arrangements for the exercise of the accreditation functions. (6) If an entity is taken under subsection (2) to have been appointed to exercise an accreditation function for a health profession, the National Board established for the profession must not, before the day that is 3 years after the commencement day, end that entity's appointment. 254—Health profession standards approved by Ministerial Council A health profession standard approved by the Ministerial Council under the repealed Law is taken from the commencement day to be an approved registration standard under this Law. 255—Accreditation standards approved by National Board An accreditation standard approved by a National Board under the repealed Law is taken from the commencement day to be an approved accreditation standard under this Law. Division 3—Advisory Council 256—Members of Advisory Council (1) A person who was, immediately before the commencement day, a member of the Australian Health Workforce Advisory Council under the repealed Law is taken to be a member of the Advisory Council under this Law. (2) Without limiting subsection (1), a member of the Advisory Council continues to hold office— (a) on the same terms and conditions that applied to the member's appointment under the repealed Law; and (b) until the day the member's term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law. (3) The person who, immediately before the commencement day, held office as Chairperson of the Australian Health Workforce Advisory Council under the repealed Law continues to hold office as Chairperson of the Advisory Council under this Law. Division 4—National Agency 257—Health profession agreements From the commencement day, a health profession agreement entered into by the Australian Health Practitioner Regulation Agency and in force immediately before the commencement day is taken to be a health profession agreement entered into by the National Agency under this Law. 258—Service agreement (1) This section applies if, immediately before the participation day for a participating jurisdiction— (a) a local registration authority in that jurisdiction exercised functions in relation to related health professionals; or (b) a local registration authority in that jurisdiction was a party to a service agreement for an entity to provide administrative or operational support to the authority and the entity also provided support under a service agreement to an authority that registers related health professionals. (2) From the participation day for the participating jurisdiction, the National Agency may enter into an agreement with the authority that is responsible for registering the related health professionals to provide services to the authority. related health professionals means persons who practise a profession providing health services that is not a health profession under this Law. Division 5—Agency Management Committee 259—Members of Agency Management Committee (1) A person who was, immediately before the commencement day, a member of the Australian Health Practitioner Regulation Agency Management Committee under the repealed Law is taken to be a member of the Agency Management Committee appointed under this Law. (2) Without limiting subsection (1), a member of the Agency Management Committee continues to hold office— (a) on the same terms and conditions that applied to the person's appointment under the repealed Law; and (b) until the day the member's term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law. (3) The person who, immediately before the commencement day, held office as Chairperson of the Australian Health Practitioner Regulation Agency Management Committee under the repealed Law continues to hold office as Chairperson of the Agency Management Committee under this Law. Division 6—Staff, consultants and contractors of National Agency 260—Chief executive officer The person who, immediately before the commencement day, held office as chief executive officer of the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been appointed as the chief executive officer of the National Agency under this Law on the same terms and conditions that applied to the person's appointment under the repealed Law. 261—Staff (1) A person who, immediately before the commencement day, was employed by the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been employed by the National Agency under this Law. (2) A secondment arrangement in force immediately before the commencement day is taken, from the commencement day, to have been made by the National Agency under this Law. secondment arrangement means an arrangement made under the repealed Law by the Australian Health Practitioner Regulation Agency for the services of any staff of a government agency of a participating jurisdiction or the Commonwealth. 262—Consultants and contractors A person who, immediately before the commencement day, was a consultant or contractor engaged by the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been engaged by the National Agency under this Law. Division 7—Reports 263—Annual report Sections 35 and 36 of the repealed Law continue to apply to the preparation and submission of the first annual report of the Australian Health Practitioner Regulation Agency as if this Law had not commenced. Division 8—National Boards 264—Members of National Boards (1) A person who was, immediately before the commencement day, a member of a National Health Practitioner Board under the repealed Law is taken to be a member of the National Board of the same name under this Law. (2) Without limiting subsection (1), a member of a National Board holds office— (a) on the same terms and conditions that applied to the person's appointment under the repealed Law; and (b) until the day the member's term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law. (3) A person who, immediately before the commencement day, held office as Chairperson of a National Health Practitioner Board is taken, from the commencement day, to hold office as Chairperson of the National Board of the same name. 265—Committees (1) From the commencement day, a committee established by a National Health Practitioner Board under the repealed Law and in existence immediately before the commencement day is taken to be a committee established under this Law by the National Board of the same name. (2) A person who, immediately before the commencement day, held office as a member of a committee established by a National Health Practitioner Board under the repealed Law is taken, from the commencement day, to hold office as a member of the committee as continued in existence under subsection (1). 266—Delegation (1) This section applies if, under the repealed Law— (a) a National Health Practitioner Board had delegated any of its functions to a committee or the Australian Health Practitioner Regulation Agency and the delegation was in force immediately before the commencement day; or (b) the Australian Health Practitioner Regulation Agency had subdelegated a function delegated to it by a National Health Practitioner Board to a member of the Agency's staff and the subdelegation was in force immediately before the commencement day. (2) From the commencement day, the delegation or subdelegation continues as if it were a delegation or subdelegation under this Law. Division 9—Agency Fund 267—Agency Fund From the commencement day, the Australian Health Practitioner Regulation Agency Fund established by the repealed Law is taken to be the Agency Fund established by this Law. Division 10—Offences 268—Offences Proceedings for an offence against the repealed Law may be started or continued as if this Law had not commenced. Division 11—Registration 269—General registration (1) This section applies to a person who, immediately before the participation day for a participating jurisdiction, held general registration (however described) in a health profession under the law of that jurisdiction. (2) From the participation day, the person is taken to hold general registration under this Law in the health profession. general registration includes— (a) full registration, unconditional registration and registration without conditions; and (b) enrolment, unconditional enrolment and enrolment without conditions. 270—Specialist registration (a) immediately before the participation day for a participating jurisdiction, a person was a specialist health practitioner in a specialty in a health profession under the law of that jurisdiction; and (b) from the participation day— (i) the specialty is a recognised specialty in the health profession under this Law; or (ii) a recognised specialty in the health profession under this Law includes, or is equivalent to, the specialty. (2) From the participation day, the person is taken to hold specialist registration in the recognised specialty in the health profession under this Law. corresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which limited registration may be granted under this Law. specialist health practitioner, in a specialty in a health profession, means a person who held specialist registration in, or was endorsed or otherwise authorised to practise, the specialty in the health profession but does not include a person who held registration to practise the profession only for a corresponding purpose. 271—Provisional registration (1) This section applies to a person who, immediately before the participation day for a participating jurisdiction, held registration (however described) under a law of that jurisdiction to enable the person to complete a period of supervised practice or internship in a health profession required for the person to be eligible for general registration (however described) in the profession. (2) From the participation day, the person is taken to hold provisional registration in the health profession under this Law. 272—Limited registration (1) This section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted for the practice of the health profession only for a corresponding purpose. (2) From the participation day, the person is taken to hold limited registration in the health profession for that purpose under this Law. corresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which limited registration may be granted under this Law. 273—Limited registration (public interest-occasional practice) (1) This section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted— (a) subject to the following conditions limiting the scope of the person's practise of the profession— (i) the person must not practise the profession other than— (A) to refer a person to another registered health practitioner; or (B) to prescribe scheduled medicines in specified circumstances; and (ii) the person must not receive a fee or other benefit for providing a service referred to in subparagraph (i); or (b) on the basis the person had indicated the person was retired from regular practise and intended only to practise on an occasional basis. (2) From the participation day, the person is taken to hold limited registration in the public interest under this Law for the limited scope that applied to the person's practise of the health profession immediately before the participation day. 274—Non-practising registration (1) This section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted subject to the condition that the person must not practise the profession. (2) From the participation day, the person is taken to hold non-practising registration in the health profession under this Law. 275—Registration for existing registered students (1) This section applies if, immediately before the participation day for a participating jurisdiction, a person held registration as a student in a health profession under the law of that jurisdiction. (2) From the participation day, the person is taken to hold student registration in the health profession under this Law. 276—Registration for new students (1) This section applies in relation to a person who, immediately before the participation day for a participating jurisdiction— (a) was a student undertaking a program of study, provided by an education provider located in the jurisdiction, that from the participation day is an approved program of study for a health profession; and (b) was not required under the law of that jurisdiction to be registered as a student in the health profession to undertake the program of study or any part of the program, including any clinical training or other practice of the profession related to undertaking the program. (2) Despite Division 7 of Part 7, the National Board established for the health profession is not required before 1 March 2011 to register the student in the profession. 277—Other registrations (a) immediately before the participation day for a participating jurisdiction, a class of persons held a type of registration in, or was endorsed or otherwise authorised to practise, a health profession under the law of that jurisdiction; and (b) from the participation day, persons in that class are not registered, endorsed or otherwise authorised to practise the profession by another provision of this Division. (2) From the participation day, persons in that class are taken to hold the type of registration in the health profession that is specified for the class of persons in the registration transition plan prepared under subsection (3) by the National Board established for that profession. (3) Before the participation day, each National Board must prepare a registration transition plan that includes details of the type of registration that is to be held under this Law by a class of persons referred to in subsection (1). (4) In preparing a registration transition plan, a National Board must— (a) comply with any directions given by the Ministerial Council that are relevant to the transitional arrangements for the registration of the class of persons; and (b) have regard to the principle that persons in the class are to be given the widest possible scope of practice of the profession that is consistent with— (i) the authority the class of persons had to practise the profession before the participation day; and (ii) the protection of the safety of the public. 278—Endorsements (1) This section applies to a person who, immediately before the participation day for a participating jurisdiction— (a) held a type of registration in that jurisdiction in a health profession for a corresponding purpose; or (b) held general registration in that jurisdiction in a health profession that had been endorsed for a corresponding purpose. (2) From the participation day, the person is taken to hold general registration in the health profession that has been endorsed under this Law for the purpose that is equivalent to, or substantially equivalent to, the corresponding purpose. corresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which an endorsement may be granted under this Law. 279—Conditions imposed on registration or endorsement (a) a person is taken to be registered under this Law, or the person's registration under this Law is taken to be endorsed, because of the person's registration or endorsement under the law of a participating jurisdiction before the participation day for the jurisdiction; and (b) the person's registration or endorsement under the law of that jurisdiction was, immediately before the participation day, subject to a condition— (i) whether described as a condition, restriction or otherwise; and (ii) whether imposed by or under an Act of that jurisdiction. (2) From the participation day, the person's registration or endorsement under this Law is taken to be subject to the same condition. 280—Expiry of registration and endorsement (1) This section applies if, under this Division, a person is taken to be registered under this Law because of the person's registration or endorsement under the law of a participating jurisdiction. (2) The person's registration, and any endorsement of the registration, expires on— (a) if the person was registered in more than one participating jurisdiction, the end of the latest day on which under the law of a participating jurisdiction— (i) any of the registrations would have expired; or (ii) an annual registration fee for any of the registrations would have become payable; or (b) otherwise, at the end of the day on which under the law of the participating jurisdiction— (i) the registration would have expired; or (ii) an annual registration fee for the registration would have become payable. (3) Subsection (2) does not prevent a National Board suspending or cancelling the person's registration under this Law. 281—Protected titles for certain specialist health practitioners (a) immediately before the participation day for a participating jurisdiction, a person held specialist registration in a health profession in that jurisdiction; and (b) on the participation day the health profession is not a profession for which specialist recognition operates under this Law. (2) Despite section 118, the person does not commit an offence during the transition period merely because the person takes or uses— (a) the title "specialist health practitioner"; or (b) another title the person was entitled to use under the law of the participating jurisdiction as in force immediately before the participation day. transition period means the period— (a) starting at the beginning of the commencement day; and (b) ending at the end of the day that is 3 years after the commencement day. 282—First renewal of registration or endorsement (a) a health practitioner's registration or endorsement expires under section 280; and (b) the National Board decides to renew the health practitioner's registration or endorsement under section 112. (2) Despite section 112(6), the National Board may decide that the period for which the registration or endorsement is renewed is a period of not more than 2 years. 283—Programs of study (1) This section applies if, immediately before the participation day for a participating jurisdiction, a program of study provided a qualification for registration in a health profession in that jurisdiction. (2) From the participation day, the program of study is taken to be an approved program of study for that health profession as if it had been approved under this Law. (3) The National Agency must, as soon as practicable after the participation day, include an approved program of study under subsection (2) in the list published under section 49(5). 284—Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery (1) During the transition period, a midwife does not contravene section 129(1) merely because the midwife practises private midwifery if— (a) the practise occurs in a participating jurisdiction in which, immediately before the participation day for that jurisdiction, a person was not prohibited from attending homebirths in the course of practising midwifery unless professional indemnity insurance arrangements were in place; and (b) informed consent has been given by the woman in relation to whom the midwife is practising private midwifery; and (c) the midwife complies with any requirements set out in a code or guideline approved by the National Board under section 39 about the practise of private midwifery, including— (i) any requirement in a code or guideline about reports to be provided by midwives practising private midwifery; and (ii) any requirement in a code or guideline relating to the safety and quality of the practise of private midwifery. (2) A midwife who practises private midwifery under this section is not required to include in an annual statement under section 109 a declaration required by subsection (1)(a)(iv) and (v) of that section in relation to the midwife's practise of private midwifery during a period of registration that is within the transition period. (3) For the purposes of this section, the transition period— (a) starts on 1 July 2010; and (b) ends on the prescribed day. (4) If the National Board decides appropriate professional indemnity arrangements are available in relation to the practice of private midwifery, the Board may recommend to the Ministerial Council that the transition period, and the exemption provided by this section during the transition period, should end. homebirth means a birth in which the mother gives birth at her own home or another person's home. informed consent means written consent given by a woman after she has been given a written statement by a midwife that includes— (a) a statement that appropriate professional indemnity insurance arrangements will not be in force in relation to the midwife's practise of private midwifery; and (b) any other information required by the National Board. midwife means a person whose name is included in the Register of Midwives kept by the National Board. National Board means the National Board for midwifery. private midwifery means practising the midwifery profession— (a) in the course of attending a homebirth; and (b) without appropriate professional indemnity insurance arrangements being in force in relation to that practise; and (c) other than as an employee of an entity. transition period means the period referred to in subsection (3). Division 12—Applications for registration and endorsement 285—Applications for registration (1) This section applies if, immediately before the participation day for a participating jurisdiction, an application for registration or renewal of registration in a health profession had been made to a local registration authority for the jurisdiction but not decided. (2) From the participation day, the application is taken to have been made under this Law to the National Board for the health profession. 286—Applications for endorsement (1) This section applies if, immediately before the participation day for a participating jurisdiction, an application for endorsement or renewal of an endorsement of a registration in a health profession had been made to a local registration authority for the jurisdiction but not decided. (2) From the participation day, the application is taken to have been made under this Law to the National Board for the health profession. 287—Disqualifications and conditions relevant to applications for registration (a) under a corresponding prior Act or another law of a participating jurisdiction, a person's registration in a health profession had been cancelled in that jurisdiction by an entity; and (b) in cancelling the person's registration the entity also made any of the following decisions— (i) a decision to set a period during which the person was disqualified from applying for registration, or being registered, in a health profession in the participating jurisdiction; (ii) a decision to set conditions under which the person might reapply for registration in the profession; (iii) a decision to set conditions that must be imposed on any future registration of the person in the profession; and (c) immediately before the participation day, the decision was still in force. (2) From the participation day, the decision continues as if it had been made under this Law by the responsible tribunal for the participating jurisdiction. Division 13—Complaints, notifications and disciplinary proceedings 288—Complaints and notifications made but not being dealt with on participation day (1) This section applies if, immediately before the participation day for a participating jurisdiction, a local registration authority for the jurisdiction had received but not started dealing with a complaint or notification about a person registered in a health profession by the authority. (2) From the participation day, the complaint or notification is taken to be a notification made under this Law to the National Agency. (3) This section does not apply to a co-regulatory jurisdiction. 289—Complaints and notifications being dealt with on participation day (1) This section applies if, immediately before the participation day for a participating jurisdiction, a local registration authority for the jurisdiction had started but not completed dealing with a complaint or notification about a person registered in a health profession by the authority. (2) From the participation day— (a) the complaint or notification is taken to be a notification made under this Law and is to be dealt with by the National Board for the health profession; and (b) the notification is to continue to be dealt with under the Act of the participating jurisdiction under which it was made, and any proceedings or appeal relating to the notification may be dealt with, as if that Act had not been repealed. (3) For the purposes of this section, the Act of the participating jurisdiction applies— (a) as if a reference to the local registration authority were a reference to the National Board; and (b) with any other changes that are necessary or convenient. (4) The National Board must give effect to a decision made on an inquiry, investigation, proceeding or appeal completed under the Act of the participating jurisdiction as if it were a decision under this Law. (5) This section does not apply to a co-regulatory jurisdiction. 290—Effect of suspension (a) because of another provision of this Part, a person is taken to be registered under this Law; and (b) immediately before the participation day for the participating jurisdiction in which the person was registered under a corresponding prior Act, the person's registration was suspended under a law of that jurisdiction. (2) From the participation day, the person's registration is taken to have been suspended under this Law. 291—Undertakings and other agreements (1) This section applies if, immediately before the participation day for a participating jurisdiction, an undertaking or other agreement between a person registered under a corresponding prior Act and the local registration authority for a health profession was in force. (2) From the participation day, the undertaking or other agreement is taken to have been entered into under this Law between the person and the National Board established for the health profession. 292—Orders (a) under a corresponding prior Act of a participating jurisdiction, an adjudication body had, at the end of a proceeding before the adjudication body about a health practitioner's practice or conduct, ordered the health practitioner to do, or refrain from doing, something; and (b) immediately before the participation day, the order was still in force. (2) From the participation day, the order continues in force as if it had been made under this Law. adjudication body means a court, tribunal, panel or local registration authority. 293—List of approved persons (1) This section applies if, immediately before the participation day for a participating jurisdiction, a person was appointed as a member of a list of persons approved to be appointed as members of a body that exercised functions that correspond to a panel for a health profession. (2) From the participation day, the person is taken to have been appointed by the National Board established for the health profession to the list kept by that Board under section 183. Division 14—Local registration authority 294—Definition transfer day, for a participating jurisdiction, means— (a) for a health profession other than a relevant health profession— (i) 1 July 2010; or (ii) the later day on which the jurisdiction became a participating jurisdiction; or (b) for a relevant health profession, 1 July 2012. 295—Assets and liabilities (1) From the transfer day for a participating jurisdiction— (a) the assets and liabilities of a local registration authority for a health profession in a participating jurisdiction are taken to be assets and liabilities of the National Agency and are to be paid into or out of the account kept in the Agency Fund for the National Board established for the profession; and (b) any contract, other than an employment contract, entered into by or on behalf of the local registration authority and all guarantees, undertakings and securities given by or on behalf of the authority, in force immediately before the participation day, are taken to have been entered into or given by or to the National Agency and may be enforced against or by the Agency; and (c) any property that, immediately before the participation day, was held on trust, or subject to a condition, by the local registration authority continues to be held by the National Agency on the same trust, or subject to the same condition and is to be paid into the account kept in the Agency Fund for the National Board. employment contract means either of the following under which a person is employed— (a) a contract of employment; (b) a contract for services. 296—Records relating to registration and accreditation (1) This section applies to a record of a local registration authority for a health profession in a participating jurisdiction that relates to the authority's functions in relation to the following— (a) the registration of individuals; (b) complaints and notifications about, and proceedings against, individuals who are or were registered; (c) accreditation of courses that qualify individuals for registration. (2) From the transfer day for the participating jurisdiction, the record is taken to be a record of the National Board for the health profession. 297—Financial and administrative records (1) This section applies to a record of a local registration authority in a participating jurisdiction that relates to the authority's financial or administrative functions. (2) From the transfer day for the participating jurisdiction, the record is taken to be a record of the National Agency. 298—Pharmacy businesses and premises Sections 295 to 297 do not apply to an asset, liability, contract, property or record of a local registration authority that relates to the regulation of a pharmacy business, pharmacy premises, a pharmacy department or any other pharmacy‑related entity that is not an individual. 299—Members of local registration authority (1) This section applies if, in anticipation of a jurisdiction becoming a participating jurisdiction, a National Board established for a health profession establishes a State or Territory Board for the jurisdiction. (2) A person who, immediately before the State or Territory Board was established, was a member of the local registration authority for the profession in the participating jurisdiction is taken to be a member of the State or Territory Board. (3) Section 36(5) and (6) do not apply to the membership of a State or Territory Board for a jurisdiction for 12 months after the jurisdiction becomes a participating jurisdiction. Section 36(5) and (6) provide requirements for the number of practitioner members and community members required by a State or Territory Board.