Part 2Adoption of Health Practitioner Regulation National Law

Part 2—Adoption of Health Practitioner Regulation National Law 4—Application of Health Practitioner Regulation National Law (1) In this section— South Australian Health Practitioner Regulation National Law text means— (a) until a regulation is made under subsection (3)—the text set out in the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland as in force on 1 July 2010; (b) thereafter—the Health Practitioner Regulation National Law (South Australia) set out in the Schedule inserted under subsection (3) (as in force for the time being). (2) The South Australian Health Practitioner Regulation National Law text— (a) applies as a law of South Australia; and (b) as so applying may be referred to as the Health Practitioner Regulation National Law (South Australia); and (c) as so applying, forms a part of this Act. (3) In connection with the operation of subsections (1) and (2), the Governor may, by regulation, insert a Schedule into this Act that sets out the Health Practitioner Regulation National Law (South Australia). (4) If, after the commencement of this section, the Parliament of Queensland enacts a provision to make an amendment to the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, the amendment does not apply in South Australia but the Governor may, by regulation, modify the Health Practitioner Regulation National Law (South Australia) text to give effect to that amendment as a law of South Australia. (5) The Governor may, as part of any regulation made under subsection (4), make any additional provision (including so as to modify the terms of an amendment that has been made by the Parliament of Queensland or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment made by the Parliament of Queensland has proper effect under the law of South Australia. (6) A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment made by the Parliament of Queensland in that State (including a day that is earlier than the day of the regulation's publication in the Gazette). (7) Section 10 of the Subordinate Legislation Act 1978 does not apply to a regulation made under subsection (3) (but will apply to any subsequent regulation making a modification under this section). 5—Meaning of generic terms in Health Practitioner Regulation National Law for the purposes of this jurisdiction In the Health Practitioner Regulation National Law (South Australia)— magistrate means a person holding office as a magistrate under the Magistrates Act 1983; magistrates court means the Magistrates Court of South Australia; this jurisdiction means South Australia. 6—Responsible tribunal for Health Practitioner Regulation National Law The South Australian Civil and Administrative Tribunal is declared to be the responsible tribunal of this jurisdiction for the purposes of the Health Practitioner Regulation National Law (South Australia). 6A—Review of appellable decisions by Tribunal (1) A person who is the subject of an appellable decision under section 199 of the Health Practitioner Regulation National Law (South Australia) may appeal against that decision by applying to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the appellable decision. (2) For the purposes of section 199 of the Health Practitioner Regulation National Law (South Australia), an application under subsection (1) must be made within 28 days after— (a) the person making the application was given notice of the appellable decision; or (b) the person making the application was given reasons for the appellable decision, whichever is the later. (3) The Tribunal may, in its discretion, extend the time fixed under subsection (2) for making an application under subsection (1), even if the time for making the application has ended. 6B—No internal review by Tribunal (1) A decision of the Tribunal under section 196 or 197 of the Health Practitioner Regulation National Law (South Australia) may not be the subject of an application for an internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013. (2) Section 71(2), (2a) and (3a) of the South Australian Civil and Administrative Tribunal Act 2013 do not apply in relation to an appeal against a decision of the Tribunal under section 196 or 197 of the Health Practitioner Regulation National Law (South Australia). 7—Exclusion of legislation of this jurisdiction (1) The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (South Australia) or to instruments made under that Law: (a) the Acts Interpretation Act 1915; (b) the Freedom of Information Act 1991; (c) the Ombudsman Act 1972; (d) the Public Finance and Audit Act 1987; (e) the Public Sector Act 2009; (f) the Public Sector (Honesty and Accountability) Act 1995; (g) the Subordinate Legislation Act 1978. (2) To avoid doubt, subsection (1)(g) does not apply to a regulation made under section 4(4), (5) or (6).