Part 13Transitional and other provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017

Part 13—Transitional and other provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017 Division 1—Paramedicine Board and registration of paramedics 306—Definitions Ambulance Service of New South Wales, for the issue of a Diploma of Paramedical Science, includes another entity prescribed by regulation for issuing the diploma; Diploma of Paramedical Science—see section 312(5); Paramedicine Board means— (a) the Paramedicine Board of Australia established under section 307; or (b) the Board continued in force on the participation day by a regulation made under section 31; or (c) if, after the participation day, the Paramedicine Board is dissolved and replaced by another Board established for the health profession of paramedicine by a regulation made under section 31—the other Board; participation day means a day prescribed by regulation after which an individual may be registered in paramedicine under this Law; relevant day means the day that is 3 years after the participation day. 307—Establishment of Paramedicine Board (1) The Paramedicine Board of Australia is established as a National Health Practitioner Board for the health profession of paramedicine. (2) The Board— (3) The Board represents the State. (4) This section applies until the Board is continued in force by a regulation made under section 31. 308—Powers and functions of Paramedicine Board (1) Sections 32, 33, 34, 37, 40, 234 and Schedule 4 apply to the Paramedicine Board until the participation day. (2) However, for section 34, the Ministerial Council may, until the participation day, appoint as practitioner members persons who the Council is satisfied have skills and experience in paramedicine relevant to the Board's functions. (3) The Paramedicine Board may perform the following functions until the participation day— (a) develop and recommend one or more registration standards to the Ministerial Council under section 38 for its approval under section 12; (b) develop and approve codes and guidelines under section 39; (c) decide the day after which individuals may apply for registration in paramedicine; (d) do anything under Part 6 in relation to accreditation for paramedicine; (e) do anything under Part 7 to register individuals in paramedicine; (f) anything else the Board may do under this Division. 309—Paramedicine Board taken to be a National Board for stated matters The Paramedicine Board is taken to be a National Board for the following provisions of this Law until the participation day— (a) Part 2; (b) Part 4; (c) Part 9; (d) Part 10, except for Division 3; (e) section 236. 310—CAA accredited programs of study (1) The Paramedicine Board may, until the relevant day, approve, or refuse to approve, a CAA accredited program of study as providing a qualification for the purposes of registration in paramedicine. (2) An approval of a program of study under subsection (1)— (a) may be granted subject to the conditions the Board considers necessary or desirable in the circumstances; and (b) does not take effect until the program is included in the list published under subsection (3). (3) A program of study approved by the Board under subsection (1) must— (a) be published in a list on the National Agency's website; and (b) include, for each program of study, the name of the education provider that provides the program. (4) A program of study approved under this section is taken to be an approved program of study for this Law. (5) This section applies despite section 49(1). (6) In this section— CAA accredited program of study means a program of study accredited by the Council of Ambulance Authorities Inc. and published on the Council's website— (a) immediately before the commencement; or (b) between the commencement and the participation day. 311—Qualifications for general registration in paramedicine for a limited period (1) For the purposes of section 52(1)(a), an individual who applies for registration in paramedicine before the relevant day is qualified for general registration in paramedicine if the individual— (a) holds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, that the Paramedicine Board considers is adequate for the purposes of practising the profession; or (b) holds a qualification or has completed training in paramedicine, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Paramedicine Board for the purposes of this section; or (c) has practised paramedicine during the 10 years before the participation day for a consecutive period of 5 years or for any periods which together amount to 5 years and satisfies the Paramedicine Board that he or she is competent to practise paramedicine. (2) This section applies despite section 53. 312—Accepted qualification for general registration in paramedicine (1) This section applies to an individual who holds a Diploma of Paramedical Science issued by the Ambulance Service of New South Wales. (2) The individual is qualified for general registration in paramedicine for the purposes of section 52(1)(a). (3) This section applies despite section 53. (4) Nothing in this section makes a Diploma of Paramedical Science issued by the Ambulance Service of New South Wales an approved qualification for section 53(b). Diploma of Paramedical Science means any of the following: (a) a Diploma of Paramedical Science; (b) a Diploma of Paramedical Science (Ambulance) or an Advanced Diploma of Paramedical Science (Ambulance); (c) a Diploma in Paramedical Science (Pre‑Hospital Care) or an Advanced Diploma Paramedical Sciences (Pre‑Hospital Care); (d) a qualification— (i) that has replaced the diploma mentioned in paragraph (a) and is prescribed by regulation; and (ii) issued by the Ambulance Service of New South Wales. 313—Provisions that apply to student registration for Diploma of Paramedical Science A Diploma of Paramedical Science issued by the Ambulance Service of New South Wales is taken to be an approved program of study for Part 7, Division 7, Subdivisions 1 and 3. 314—Applications for registration in paramedicine and period of registration (1) An individual may apply to the Paramedicine Board for registration in paramedicine— (a) before the participation day; and (b) after the day decided by the Board under section 308(3)(c). (2) Subsection (3) applies if an individual applies for registration in paramedicine under subsection (1) and the Board grants the application under Part 7. (3) Despite section 56, the registration period— (a) does not start until the participation day; and (b) may be a period of not more than 2 years decided by the Board. 315—Applications for registration in paramedicine made but not decided before participation day (a) before the participation day an individual applies to the Paramedicine Board for registration in paramedicine; and (b) the application is not decided by the Board by the participation day; and (c) while the application for registration is being decided, the individual takes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116. (2) The individual does not commit an offence against section 113 or 116 while the application is being decided. See section 85 for when an application not decided by a National Board is taken to be a decision to refuse the application. 316—Period after participation day during which an individual does not commit an offence under sections 113 and 116 (1) This section applies if an individual eligible for registration in paramedicine— (a) has not applied to the Paramedicine Board for registration in paramedicine before the participation day; and (b) takes or uses a title, or does anything else, relating to paramedicine, that would contravene section 113 or 116. An individual may be qualified for general registration in paramedicine under section 311 or 312. (2) The individual does not commit an offence against section 113 or 116 during the period of 90 days after the participation day. 317—Application of sections 113 and 116 to individual temporarily practising paramedicine in another jurisdiction (1) This section applies to an individual who— (a) usually practises paramedicine in a participating jurisdiction that has yet to enact a law that substantially corresponds with the provisions of this Law about paramedicine; and (b) temporarily takes or uses a title or does anything else, relating to paramedicine in another jurisdiction, that would contravene section 113 or 116; and (c) complies with any regulation made under this Law about temporarily taking or using a title or doing anything else, relating to paramedicine in another jurisdiction. (2) The individual does not commit an offence against section 113 or 116. another jurisdiction means a participating jurisdiction in which the provisions of this Law about paramedicine apply. Division 2—Other transitional provisions 318—Deciding review period for decision on application made under section 125 before commencement (a) before the commencement, a registered health practitioner or student applied to a National Board under section 125 to change or remove a condition or change or revoke an undertaking; and (b) immediately before the commencement, the application had not been decided by the Board; and (c) after the commencement, the Board's decision results in a registration or endorsement being subject to a condition, or an undertaking is still in place. (2) The National Board may decide a review period for the condition or undertaking under section 125(6) and give the registered health practitioner or student notice under section 125(6A). 319—Deciding review period for decision after notice given under section 126 before commencement (a) before the commencement, a National Board had given notice to a registered health practitioner or student under section 126 about changing a condition on the practitioner's or student's registration; and (b) immediately before the commencement the Board had not made a decision in relation to the matter; and (c) after the commencement, the Board's decision results in the practitioner's or student's registration being subject to a condition. (2) The National Board may decide a review period for the condition under section 126(6) and give the registered health practitioner or student notice under section 126(6A). 320—Membership of continued National Boards (a) a person holds office as a member of a National Board immediately before the commencement; and (b) the Board is continued in force after the commencement (the continued Board) by a regulation made under section 31. (2) The person continues to hold office as a member of the continued Board after the commencement— (a) on the terms and conditions that applied to the person's appointment before commencement; and (b) until the office of the member becomes vacant under this Law. (3) Also, a person who is Chairperson of a National Board immediately before the commencement continues to hold office as Chairperson of the continued Board after the commencement. (4) Subsection (5) applies if the process for appointing a person as a member of a National Board is started but not completed before the commencement. (5) The process may continue after the commencement and the person may be appointed as a member of the continued Board. 321—Offences relating to prohibition orders made before commencement Section 196A also applies to a prohibition order made before the commencement. 322—Register to include prohibition orders made before commencement (1) For section 222(4)(b) and section 223(b), a National Board may also record in the register the names of persons subject to a prohibition order made before the commencement. (2) Also, for section 227(b), a National Board may also include in the register copies of prohibition orders made before the commencement. 323—Public national registers (1) This section applies to a register kept under section 222 or 223 immediately before the commencement. (2) The register continues in force immediately after the commencement.