Part 7Registration of health practitioners

Part 7—Registration of health practitioners Division 1—General registration 52—Eligibility for general registration (1) An individual is eligible for general registration in a health profession if— (a) the individual is qualified for general registration in the health profession; and (b) the individual has successfully completed— (i) any period of supervised practice in the health profession required by an approved registration standard for the health profession; or (ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual's ability to competently and safely practise the profession; and (c) the individual is a suitable person to hold general registration in the health profession; and (d) the individual is not disqualified under this Law or a law of a co‑regulatory jurisdiction from applying for registration, or being registered, in the health profession; and (e) the individual meets any other requirements for registration stated in an approved registration standard for the health profession. (2) Without limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for general registration in the profession by doing either or both of the following— 53—Qualifications for general registration An individual is qualified for general registration in a health profession if— (a) the individual holds an approved qualification for the health profession; or (b) the individual holds a qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification; or (c) the individual holds a qualification, not referred to in paragraph (a) or (b), relevant to the health profession and has successfully completed an examination or other assessment required by the National Board for the purpose of general registration in the health profession; or (d) the individual— (i) holds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for general registration (however described) in the health profession; and (ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification. 54—Examination or assessment for general registration For the purposes of section 52(1)(b)(ii), if a National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise. 55—Unsuitability to hold general registration (1) A National Board may decide an individual is not a suitable person to hold general registration in a health profession if— (a) in the Board's opinion, the individual has an impairment that would detrimentally affect the individual's capacity to practise the profession to such an extent that it would or may place the safety of the public at risk; or (b) having regard to the individual's criminal history to the extent that is relevant to the individual's practice of the profession, the individual is not, in the Board's opinion, an appropriate person to practise the profession or it is not in the public interest for the individual to practise the profession; or (c) the individual has previously been registered under a relevant law and during the period of that registration proceedings under Part 8, or proceedings that substantially correspond to proceedings under Part 8, were started against the individual but not finalised; or (d) in the Board's opinion, the individual's competency in speaking or otherwise communicating in English is not sufficient for the individual to practise the profession; or (e) the individual's registration (however described) in the health profession in a jurisdiction that is not a participating jurisdiction, whether in Australia or elsewhere, is currently suspended or cancelled on a ground for which an adjudication body could suspend or cancel a health practitioner's registration in Australia; or (f) the nature, extent, period and recency of any previous practice of the profession is not sufficient to meet the requirements specified in an approved registration standard relevant to general registration in the profession; or (g) the individual fails to meet any other requirement in an approved registration standard for the profession about the suitability of individuals to be registered in the profession or to competently and safely practise the profession; or (h) in the Board's opinion, the individual is for any other reason— (i) not a fit and proper person for general registration in the profession; or (ii) unable to practise the profession competently and safely. relevant law means— (a) this Law or a corresponding prior Act; or (b) the law of another jurisdiction, whether in Australia or elsewhere. 56—Period of general registration (1) The period of registration that is to apply to a health practitioner granted general registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board's website. (2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration— Division 2—Specialist registration 57—Eligibility for specialist registration (1) An individual is eligible for specialist registration in a recognised specialty in a health profession if— (a) the individual is qualified for registration in the specialty; and (b) the individual has successfully completed— (i) any period of supervised practice in the specialty required by an approved registration standard for the health profession; or (ii) any examination or assessment required by an approved registration standard for the health profession to assess the individual's ability to competently and safely practise the specialty; and (c) the individual is a suitable person to hold registration in the health profession; and (d) the individual is not disqualified under this Law or a law of a co‑regulatory jurisdiction from applying for registration, or being registered, in the specialty; and (e) the individual meets any other requirements for registration stated in an approved registration standard for the specialty. (2) Without limiting subsection (1), the National Board may decide the individual is eligible for registration in the recognised specialty by doing either or both of the following— 58—Qualifications for specialist registration An individual is qualified for specialist registration in a recognised specialty in a health profession if the individual— (a) holds an approved qualification for the specialty; or (b) holds another qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification for the specialty; or (c) holds a qualification, not referred to in paragraph (a) or (b), relevant to the specialty and has successfully completed an examination or other assessment required by the National Board for the purpose of registration in the specialty; or (d) the individual— (i) holds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for specialist registration (however described) in the specialty; and (ii) was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification for the specialty. 59—Examination or assessment for specialist registration For the purposes of section 57(1)(b)(ii), if the National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise. 60—Unsuitability to hold specialist registration (1) Section 55 applies to the making of a decision by a National Board that an individual is not a suitable person to hold specialist registration in a recognised specialty. (2) For the purposes of subsection (1), a reference in section 55 to— (a) general registration in the health profession is taken to be a reference to specialist registration in a recognised specialty; and (b) the health profession is taken to be a reference to the recognised specialty. 61—Period of specialist registration (1) The period of registration that is to apply to a health practitioner granted specialist registration in a recognised specialty in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board's website. (2) If the National Board decides to register a health practitioner in a recognised specialty for the health profession during a registration period, the specialist registration— Division 3—Provisional registration 62—Eligibility for provisional registration (1) An individual is eligible for provisional registration in a health profession, to enable the individual to complete a period of supervised practice that the individual requires to be eligible for general registration in the health profession, if— (a) the individual is qualified for general registration in the profession; and (b) the individual is a suitable person to hold provisional registration in the profession; and (c) the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for, or being registered in, the profession; and (d) the individual meets any other requirements for registration stated in an approved registration standard for the health profession. (2) Without limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for provisional registration in the health profession by doing either or both of the following— 63—Unsuitability to hold provisional registration (1) Section 55 applies to a decision by a National Board that an individual is not a suitable person to hold provisional registration in a health profession. (2) For the purposes of subsection (1), a reference in section 55 to general registration in the health profession is taken to be a reference to provisional registration in the health profession. 64—Period of provisional registration (1) The period of registration (the registration period) that is to apply to a health practitioner granted provisional registration in a health profession is— (a) the period decided by the National Board established for the profession, but not more than 12 months, and published on the Board's website; or (b) the longer period prescribed by a regulation. (2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration— (3) Provisional registration may not be renewed more than twice. If an individual were not able to complete the supervised practice the individual requires for general registration in a health profession during the period consisting of the individual's initial period of registration and 2 renewals of that registration, the individual would need to make a new application for provisional registration in the profession. Division 4—Limited registration 65—Eligibility for limited registration (1) An individual is eligible for limited registration in a health profession if— (a) the individual is not qualified for general registration in the profession or specialist registration in a recognised speciality in the profession; and (b) the individual is qualified under this Division for limited registration; and (c) the individual is a suitable person to hold limited registration in the profession; and (d) the individual is not disqualified under this Law or a law of a co‑regulatory jurisdiction from applying for registration, or being registered, in the health profession; and (e) the individual meets any other requirements for registration stated in an approved registration standard for the health profession. (1a) Subsection (1b) applies if— (a) an individual is registered in a health profession for which divisions are included in the National Register kept for the profession; and (b) the individual holds general or limited registration in a division. (1b) Despite subsection (1)(a) and (b), the individual is eligible for limited registration in another division of the profession if the individual— (a) is not qualified for general registration under the other division; and (b) is qualified under this Division for limited registration under the other division. (2) Without limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for limited registration in the profession by doing either or both of the following— 66—Limited registration for postgraduate training or supervised practice (1) An individual may apply for limited registration to enable the individual to undertake a period of postgraduate training or supervised practice in a health profession, or to undertake assessment or sit an examination, approved by the National Board established for the profession. (2) The individual is qualified for the limited registration applied for if the National Board is satisfied the individual has completed a qualification that is relevant to, and suitable for, the postgraduate training, supervised practice, assessment or examination. 67—Limited registration for area of need (1) An individual may apply for limited registration to enable the individual to practise a health profession in an area of need decided by the responsible Minister under subsection (5). (2) The individual is qualified for the limited registration applied for if the National Board is satisfied the individual's qualifications and experience are relevant to, and suitable for, the practice of the profession in the area of need. (3) The National Board must consider the application but is not required to register the individual merely because there is an area of need. (4) If the National Board grants the individual limited registration to enable the individual to practise the profession in the area of need, the individual must not practise the profession other than in the area of need specified in the individual's certificate of registration. (5) A responsible Minister for a participating jurisdiction may decide there is an area of need for health services in the jurisdiction, or part of the jurisdiction, if the Minister considers there are insufficient health practitioners practising in a particular health profession in the jurisdiction or the part of the jurisdiction to provide services that meet the needs of people living in the jurisdiction or the part of the jurisdiction. (6) If a responsible Minister decides there is an area of need under subsection (5), the responsible Minister must give the National Board established for the health profession written notice of the decision. (7) A responsible Minister may delegate the Minister's power under this section to an appropriately qualified person. (8) In this section— appropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power. health services means the provision of services by health practitioners in a particular health profession. 68—Limited registration in public interest (1) An individual may apply for limited registration to enable the individual to practise a health profession for a limited time, or for a limited scope, in the public interest. (2) The individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied it is in the public interest for an individual with the individual's qualifications and experience to practise the profession for that time or scope. 69—Limited registration for teaching or research (1) An individual may apply for limited registration in a health profession to enable the individual to fill a teaching or research position. (2) The individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied the individual's qualifications are relevant to, and suitable for, the position. 70—Unsuitability to hold limited registration (1) Section 55 applies to a decision by a National Board that an individual is not a suitable person to hold limited registration in a health profession. (2) For the purposes of subsection (1), a reference in section 55 to general registration in the health profession is taken to be a reference to limited registration in the health profession. 71—Limited registration not to be held for more than one purpose (1) Subsection (2) applies to a health profession for which a division is not included in the National Register kept for the profession. (2) An individual registered in the health profession may not hold limited registration in the same health profession for more than one purpose under this Division at the same time. (3) Subsection (4) applies to a health profession for which divisions are included in the National Register kept for the profession. (4) An individual registered in the health profession may not hold limited registration in the same division of the profession for more than one purpose under this Division at the same time. 72—Period of limited registration (1) The period of registration that is to apply to a health practitioner granted limited registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board's website. (2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration— (3) Limited registration may not be renewed more than 3 times. If an individual had been granted limited registration in a health profession for a purpose under this Division, had subsequently renewed the registration in the profession for that purpose 3 times and at the end of the period wished to continue holding limited registration in the profession for that purpose, the individual would need to make a new application for limited registration in the profession for that purpose. Division 5—Non-practising registration 73—Eligibility for non-practising registration An individual is eligible for non‑practising registration in a health profession if— (a) the individual— (i) holds or has held general registration in the health profession under this Law; or (ii) holds or has held specialist registration in a recognised speciality in the health profession under this Law; or (iii) held registration in the health profession under a corresponding prior Act that was equivalent to general registration or specialist registration in the health profession under this Law; (b) the individual is a suitable person to hold non‑practising registration in the profession. 74—Unsuitability to hold non-practising registration A National Board may decide an individual is not a suitable person to hold non‑practising registration in a health profession if— (a) having regard to the individual's criminal history to the extent that is relevant to the individual's practise of the profession, the individual is not, in the Board's opinion, an appropriate person to hold registration in the profession or it is not in the public interest for the individual to hold registration in the profession; or (aa) the person's registration has been withdrawn by a National Board under section 85A; or (b) in the Board's opinion, the individual is for any other reason not a fit and proper person to hold non‑practising registration in the profession. 75—Registered health practitioner who holds non‑practising registration must not practise the profession (1) A registered health practitioner who holds non‑practising registration in a health profession must not practise the profession. (2) A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. 76—Period of non‑practising registration (1) The period of registration that is to apply to a health practitioner granted non‑practising registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board's website. (2) If the National Board decides to register a health practitioner in the health profession during a registration period, the registration— Division 6—Application for registration 77—Application for registration (1) An individual may apply to a National Board for registration in a health profession for which the Board is established. (2) An application must— (c) be accompanied by proof of the applicant's identity; and (d) be accompanied by any other information reasonably required by the Board. (3) Without limiting subsection (2)(a), a form approved by a National Board for the purposes of that subsection must require an applicant— (a) to provide a declaration about— (i) the address at which the applicant will predominantly practise the profession; or (ii) if the applicant will not be practising the profession or will not predominantly practise the profession at one address, the address that is the applicant's principal place of residence; and (b) to provide an address to be used by the Board in corresponding with the applicant; and (c) to disclose the applicant's criminal history; and (d) to authorise the Board to obtain the applicant's criminal history. See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia. (4) A criminal history law does not apply to the requirement under subsection (3)(c) for the applicant to disclose the applicant's criminal history. (5) Information in the application must, if the approved form requires, be verified by a statutory declaration. 78—Power to check applicant's proof of identity (1) If an applicant for registration gives a National Board a document as evidence of the applicant's identity under this section, the Board may, by written notice, ask the entity that issued the document— (a) to confirm the validity of the document; or (b) to give the Board other information relevant to the applicant's identity. (2) An entity given a notice under subsection (1) is authorised to give the National Board the information requested in the notice. 79—Power to check applicant's criminal history (1) Before deciding an application for registration, a National Board must check the applicant's criminal history. (2) For the purposes of checking an applicant's criminal history, a National Board may obtain a written report about the criminal history of the applicant from any of the following— (a) ACC; (b) a police commissioner; (c) an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction. (3) A criminal history law does not apply to a report about an applicant's criminal history under subsection (2). 80—Boards' other powers before deciding application for registration (1) Before deciding an application for registration, a National Board may— (a) investigate the applicant, including, for example, by asking an entity— (i) to give the Board information about the applicant; or (ii) to verify information or a document that relates to the applicant; If the applicant is or has been registered by another registration authority, the National Board may ask the registration authority for information about the applicant's registration status. The National Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant. (b) by written notice given to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; and (c) by written notice given to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; and (d) by written notice given to the applicant, require the applicant to undergo an examination or assessment, within a reasonable time stated in the notice and at a reasonable place, to assess the applicant's ability to practise the health profession in which registration is sought; and (e) by written notice given to the applicant, require the applicant to undergo a health assessment, within a reasonable time stated in the notice and at a reasonable place. (2) The National Board may require the information or document referred to in subsection (1)(b) to be verified by a statutory declaration. (3) If the National Board requires an applicant to undertake an examination or assessment under subsection (1)(d) to assess the applicant's ability to practise the health profession— (a) the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise; and (b) the National Agency may require the applicant to pay the relevant fee. (4) A notice under subsection (1)(d) or (e) must state— (a) the reason for the examination or assessment; and (b) the name and qualifications of the person appointed by the National Board to conduct the examination or assessment; and (c) the place where, and the day and time at which, the examination or assessment is to be conducted. (5) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1). 81—Applicant may make submissions about proposed refusal of application or imposition of condition (1) If, after considering an application for registration, a National Board is proposing to refuse to register the applicant or to register the applicant subject to a condition, the Board must give the applicant written notice of the proposal. (b) invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal. 82—Decision about application (1) After considering an application for registration and any submissions made in accordance with a notice under section 81, a National Board established for a health profession must— (a) decide to grant the applicant the type of registration in the health profession applied for if the applicant is eligible for that type of registration under a relevant section; or (b) decide to grant the applicant a type of registration in the health profession, other than the type of registration applied for, for which the applicant is eligible under a relevant section; or (c) decide to refuse to grant the applicant registration in the health profession if— (i) the applicant is ineligible for registration in the profession under a relevant section because the applicant— (A) is not qualified for registration; or (B) has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual's ability to practise the profession; or (C) is not a suitable person to hold registration; or (D) is disqualified under this Law from applying for registration, or being registered, in the health profession; or (E) does not meet a requirement for registration stated in an approved registration standard for the profession; or (ii) it would be improper to register the applicant because the applicant or someone else gave the National Board information or a document in relation to the application that was false or misleading in a material particular. relevant section means section 52, 57, 62, 65 or 73. 83—Conditions of registration (1) If a National Board decides to register a person in a health profession for which the Board is established, the registration is subject to any condition the Board considers necessary or desirable in the circumstances. A failure by a registered health practitioner to comply with a condition of the practitioner's registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken. (2) If the National Board decides to register the person subject to a condition referred to in subsection (1), the Board must decide a review period for the condition. 83A—Undertakings at registration If a National Board decides to register a person in a health profession for which the Board is established, the Board may accept any undertaking from the person the Board considers necessary or desirable in the circumstances. 84—Notice to be given to applicant (1) Within 30 days after making the decision under section 82, the National Board must— (a) give the applicant written notice of the Board's decision; and (b) if the Board decides to register the applicant, give the applicant a certificate of registration. (2) If the Board decides not to register the applicant, or decides to register the applicant in a type of registration other than the registration applied for or subject to a condition, the notice under subsection (1)(a) must state— (b) that the applicant may appeal against the decision; and 85—Failure to decide application If a National Board fails to decide an application for registration within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to register the applicant.