Part 16Transitional provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2025

Part 16—Transitional provisions for Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2025 327—Application of section 77A Section 77A— (a) does not apply in relation to an application for registration made before the commencement of this section; but (b) applies to a disqualified person who makes an application for registration after the commencement of this section, regardless of when a responsible tribunal made the decision that resulted in the person becoming a disqualified person. Editorial note— Section 327 had not come into operation at the date of the publication of this version. 328—Application for reinstatement order (1) This section applies if, immediately before the commencement of this section— (a) a person was disqualified from applying for registration as a registered practitioner for a specified period; and (b) the period has not yet ended. (2) The person cannot apply under section 198A for a reinstatement order until the specified period has ended. Editorial note— Section 328 had not come into operation at the date of the publication of this version. 329—Application of section 237B Section 237B applies— (a) to a non‑disclosure agreement, within the meaning of section 237B(3), whether entered into before or after the commencement of this section; and (b) in relation to the health, conduct or performance of a registered health practitioner or former registered health practitioner (the relevant issue), whether the relevant issue occurred before or after the commencement of this section. Schedule 2—Agency Board (Section 29) 1—Definitions Chairperson means the Chairperson of the Agency Board. member means a member of the Agency Board. 2—Terms of office of members Subject to this Schedule, a member holds office for the period (not exceeding 3 years) specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for reappointment. 3—Remuneration A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Ministerial Council may from time to time determine with respect to the member. 4—Vacancy in office of member (1) The office of a member becomes vacant if the member— (a) completes a term of office; or (b) resigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or (c) is removed from office by the Chairperson of the Ministerial Council under this clause; or (d) is absent, without leave first being granted by the Chairperson of the Agency Board, from 3 or more consecutive meetings of the Agency Board of which reasonable notice has been given to the member personally or by post; or (e) dies. (2) The Chairperson of the Ministerial Council may remove a member from office if— (a) the member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or (b) the member, as a result of the member's misconduct, impairment or incompetence— (i) ceases to be a registered health practitioner; or (ii) if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions; or (c) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit; or (d) the Agency Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member's functions as a member. (3) In addition, the Chairperson of the Ministerial Council may remove the Chairperson of the Agency Board from office as a member if the Chairperson of the Agency Board becomes a registered health practitioner. 5—Vacancies to be advertised (1) Before the Ministerial Council appoints a member of the Agency Board, the vacancy to be filled is to be publicly advertised. (2) It is not necessary to advertise a vacancy in the membership of the Agency Board before appointing a person to act in the office of a member. The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of the Agency Board. 6—Extension of term of office during vacancy in membership (1) If the office of a member becomes vacant because the member has completed the member's term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member). (2) However, this clause ceases to apply to the member if— (a) the member resigns the member's office by instrument in writing addressed to the Chairperson of the Ministerial Council; or (b) the Chairperson of the Ministerial Council determines that the services of the member are no longer required. (3) The maximum period for which a member is taken to continue to be a member under this clause after completion of the member's term of office is 6 months. 7—Members to act in public interest (1) A member of the Agency Board is to act impartially and in the public interest in the exercise of the member's functions as a member. (2) Accordingly, a member of the Agency Board is to put the public interest before the interests of particular health practitioners or any body or organisation that represents health practitioners. 8—Disclosure of conflict of interest (a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Agency Board; and (b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter; the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Agency Board. (2) Particulars of any disclosure made under this clause must be recorded by the Agency Board in a book kept for the purpose. (3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Agency Board otherwise determines— (a) be present during any deliberation of the Agency Board with respect to the matter; or (b) take part in any decision of the Agency Board with respect to the matter. (4) For the purposes of the making of a determination by the Agency Board under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not— (a) be present during any deliberation of the Agency Board for the purpose of making the determination; or (b) take part in the making of the determination by the Agency Board. (5) A contravention of this clause does not invalidate any decision of the Agency Board. Part 3—Procedure 9—General procedure The procedure for the calling of meetings of the Agency Board and for the conduct of business at those meetings is, subject to this Law, to be as determined by the Agency Board. 10—Quorum The quorum for a meeting of the Agency Board is a majority of its members for the time being. 11—Chief executive officer may attend meetings The chief executive officer of the National Agency may attend meetings of the Agency Board and may participate in discussions of the Agency Board, but is not entitled to vote at a meeting. 12—Presiding member (1) The Chairperson (or, in the absence of the Chairperson, a person elected by the members of the Agency Board who are present at a meeting of the Agency Board) is to preside at a meeting of the Agency Board. (2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote. 13—Voting A decision supported by a majority of the votes cast at a meeting of the Agency Board at which a quorum is present is the decision of the Agency Board. 14—Transaction of business outside meetings or by telecommunication (1) The Agency Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Agency Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Agency Board. (2) The Agency Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed‑circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members. (3) For the purposes of— (a) the approval of a resolution under subclause (1); or (b) a meeting held in accordance with subclause (2); the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Agency Board. (4) Papers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned. 15—First meeting The Chairperson may call the first meeting of the Agency Board in any manner the Chairperson thinks fit. 16—Defects in appointment of members A decision of the Agency Board is not invalidated by any defect or irregularity in the appointment of any member (or acting member) of the Agency Board.