Part 8of the Health Practitioner Regulation National Law (South Australia) extends to any conduct, behaviour, event, situation, condition (including medical condition or impairment) or other circumstance occurring, arising or existing before the participation day for this jurisdiction (and the definitions of impairment, professional misconduct, unprofessional conduct and unsatisfactory professional performance are to be interpreted as so extending).

Part 8 of the Health Practitioner Regulation National Law (South Australia) extends to any conduct, behaviour, event, situation, condition (including medical condition or impairment) or other circumstance occurring, arising or existing before the participation day for this jurisdiction (and the definitions of impairment, professional misconduct, unprofessional conduct and unsatisfactory professional performance are to be interpreted as so extending). 41—Proceedings before boards (a) a matter is, immediately before the participation day for this jurisdiction, the subject of an investigation or other form of consideration by a prescribed body (or the Registrar of a prescribed body), in circumstances where no formal complaint has been laid; and (b) the matter is of a nature that it could be the subject of a notification under the Health Practitioner Regulation National Law (South Australia), that matter will, from the participation day, be taken to be the subject of a notification under Part 8 of the Health Practitioner Regulation National Law (South Australia). (2) All matters falling within the ambit of subclause (1) are to be taken to be within the ambit of section 288 of the Health Practitioner Regulation National Law (South Australia) and clause 289 of that Law will have no application to those matters. (3) A national body may, in connection with any matter before the national body by virtue of the operation of this Division or Division 13 of Part 12 of the Health Practitioner Regulation National Law (South Australia)— (a) adopt, as in its discretion it considers proper, any step, determination, decision, finding or other act of a prescribed body; and (b) as in its discretion it considers proper— (i) initiate any investigation; or (ii) take over or assume any investigation being undertaken by, or on behalf of, a prescribed body; (iii) receive any report as a result of any investigation (including an investigation initiated by a prescribed body), and take any action on account of the results of any such investigation; and (c) dispense with any step or requirement that might otherwise need to be taken or apply under the Health Practitioner Regulation National Law (South Australia). 42—Proceedings initiated by complaint (1) If, immediately before the participation day for this jurisdiction— (a) — (i) a formal complaint has been laid before a prescribed body under a relevant Act by the Registrar of that prescribed body; or (ii) a prescribed body has laid a complaint before a prescribed Tribunal; and (b) the prescribed body or the prescribed Tribunal (as the case may be) has commenced but not completed the substantive hearing and determination of the complaint (that is, the complaint is part‑heard), the proceedings will continue and be completed in all respects under the relevant Act as if that Act had not been repealed (and the relevant Act will also continue to operate as if it had not been repealed for the purposes of exercising any right of review or appeal). (2) A right of review or appeal— (a) existing, or the subject of proceedings, before the participation day for this jurisdiction; or (b) arising under subclause (1), may be exercised, or will continue to be subject to any proceedings, (as the case requires) under the relevant Act as if that Act had not been repealed. (3) A decision arising out of any proceedings under subclause (1) or (2) will take effect as if it were a decision under the Health Practitioner Regulation National Law (South Australia) (and the National Board for the relevant health profession will give effect to the decision accordingly). (4) If, immediately before the participation day for this jurisdiction— (a) — (i) a formal complaint has been laid before a prescribed body under a relevant Act by the Registrar of that prescribed body; or (ii) a prescribed body has laid a complaint before a prescribed Tribunal; and (b) the prescribed body or the prescribed Tribunal (as the case may be) has not commenced the substantive hearing and determination of the complaint (that is, the complaint is not part‑heard), the proceedings will be taken to be within the ambit of section 289 of the Health Practitioner Regulation National Law (South Australia) and are to be dealt with in all respects under the relevant Act as if that Act had not been repealed, but with the following modifications: (c) the proceedings are to proceed before the responsible tribunal; (d) the National Board for the relevant profession is to have the carriage as complainant of the proceedings before the responsible tribunal; (e) the relevant Act is to be applied as if a reference to the prescribed body or the prescribed Tribunal (as the case may be) were a reference to the responsible tribunal; (f) in respect of a complaint laid before the Dental Board of South Australia or the Medical Board of South Australia, the responsible tribunal may impose any disciplinary sanction that could have been imposed by the Dental Professional Conduct Tribunal or the Medical Professional Conduct Tribunal (as the case may be) in respect of a complaint laid before that Tribunal. (5) This clause applies despite any contrary provision in the Health Practitioner Regulation National Law (South Australia). prescribed Tribunal means a tribunal constituted under an Act being repealed by this Act; relevant Act, in relation to any proceedings, means an Act to be repealed by this Act, being the Act under which the proceedings arise (despite its repeal under this Act). 43—Complaints being dealt with on participation day For the purposes of proceedings under section 289 of the Health Practitioner Regulation National Law (South Australia), the responsible tribunal may deal with a matter as if it were a tribunal or other adjudication authority under a repealed Act (and section 289 will be modified accordingly). Division 7—Other matters 44—Actions with respect to immunity An action that would lie against a prescribed body under section 74(3) of the Public Sector Act 2009 but for the dissolution of that body will lie instead against the Crown. 45—Pharmacies and pharmacy depots (1) Premises registered as a pharmacy under the Pharmacy Practice Act 2007 immediately before the commencement of this clause will, on that commencement, be taken to be registered as a pharmacy under this Act. (2) Premises registered as a pharmacy depot under the Pharmacy Practice Act 2007 immediately before the commencement of this clause will, on that commencement, be taken to be registered as a pharmacy depot under this Act. 46—Pharmacy services providers A person who is recorded by the Pharmacy Board of South Australia as a pharmacy services provider for the purposes of section 42(4) of the Pharmacy Practice Act 2007 immediately before the commencement of this clause will, on that commencement, be taken to be registered as a pharmacy services provider under this Act. 47—Areas of special need A determination of the Minister and the Medical Board of South Australia in force for the purposes of section 33(2)(d)(iii) of the Medical Practice Act 2004 immediately before the commencement of this clause will, on that commencement, be taken to be an equivalent decision with respect to an area of need under section 67 of the Health Practitioner Regulation National Law (South Australia) (and will, until revoked by the Minister, have effect for the purposes of that Law without further notice to the National Board). 48—References to Registrars (1) For the purposes of any proceedings under a repealed Act after the commencement of this clause— (a) a reference in any such Act to a Registrar will be taken to be a reference to the National Board for the relevant health profession; and (b) a reference in any such Act to a prescribed body will, in the case of proceedings commenced before a prescribed Tribunal, be taken to be a reference to the National Board for the relevant health profession. (2) Unless the context requires a different interpretation, a reference to a Registrar in an instrument (including an undertaking given to a prescribed body or to the Registrar of a prescribed body), or in a condition of registration, will be taken to be a reference to a person holding or acting in an office designated by the Minister by notice in the Gazette under this subclause. prescribed Tribunal means a tribunal constituted under an Act being repealed by this Act. 49—FOI applications (1) If, in relation to an application under the FOI Act, the relevant agency under that Act would, apart from this clause, be a prescribed body, the National Agency, or a National Board nominated by the National Agency for the purposes of the application, will be taken to be the agency under that Act for the purposes of dealing with the application. (2) In connection with subclause (1), the regulations may provide that the FOI Act applies to applications within the ambit of that subclause with such modifications as may be prescribed (and any such regulation will then have effect according to its terms). FOI Act means the Freedom of Information Act 1991. 50—Fees (1) If a member of a designated health profession is due to pay a registration or reinstatement fee by the designated date for that profession, but that fee has not been paid by that date, the period for the payment of the fee will be taken to have been extended by a period of 1 month from the designated date. (2) In this clause— designated date means a date designated for the purposes of this definition by the Minister by notice in the Gazette; designated health profession is a health profession designated for the purposes of this clause by the Minister by notice in the Gazette. (3) Different dates may be designated for different health professions. 51—Regulations (1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on— (a) the enactment of this Act; or (b) the transition from a scheme established by an Act repealed by this Act to the scheme established under the Health Practitioner Regulation National Law. (2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. 52—Validity and effect of steps (1) Nothing done under this Schedule or under Part 12 of the Health Practitioner Regulation National Law (South Australia)— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right of remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation; or (h) gives rise to any right or entitlement to damages or compensation. (2) The Registrar‑General or another authority required or authorised under a law of the State to register or record transactions affecting assets or liabilities, or documents relating to such transactions, must, on application under this subclause, register or record in an appropriate manner a vesting under this Schedule. (3) No fee is payable in respect of an application under subclause (2).