Sch 7applies in relation to this Law.

Schedule 7 applies in relation to this Law. 7—Single national entity (1) It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by or under this Law is one single national entity, with functions conferred by this Law as so applied. (2) An entity established by or under this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction. (3) An entity established by or under this Law may exercise its functions in relation to— (a) one participating jurisdiction; or (b) 2 or more or all participating jurisdictions collectively. (4) In this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction. 8—Extraterritorial operation of Law It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following— (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction. 9—Trans-Tasman mutual recognition principle This Law does not affect the operation of an Act of a participating jurisdiction providing for the application of the Trans-Tasman mutual recognition principle to occupations. 10—Law binds the State (1) This Law binds the State. State means the Crown in right of this jurisdiction, and includes— (a) the Government of this jurisdiction; and (b) a Minister of the Crown in right of this jurisdiction; and (c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction. Part 2—Ministerial Council 11—Policy directions (1) The Ministerial Council may give directions to the National Agency about the policies to be applied by the National Agency in exercising its functions under this Law. (2) The Ministerial Council may give directions to a National Board about the policies to be applied by the National Board in exercising its functions under this Law. (3) Without limiting subsections (1) and (2), a direction under this section may relate to— (a) a matter relevant to the policies of the National Agency or a National Board; or (b) an administrative process of the National Agency or a National Board; or (c) a procedure of the National Agency or a National Board; or (d) a particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health profession. (4) However, the Ministerial Council may give a National Board a direction under subsection (3)(d) only if— (a) in the Council's opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and (b) the Council has first given consideration to the potential impact of the Council's direction on the quality and safety of health care. (5) A direction under this section cannot be about— (a) a particular person; or (b) a particular qualification; or (c) a particular application, notification or proceeding. (6) The National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section. 12—Approval of registration standards (1) The Ministerial Council may approve a registration standard about— (a) the registration, or renewal of registration, of persons in a health profession; or (b) the endorsement, or renewal of the endorsement, of the registration of registered health practitioners. (2) The Ministerial Council may approve a registration standard for a health profession only if— (a) its approval is recommended by the National Board established for the health profession; and (b) it does not provide for a matter about which an accreditation standard may provide. An accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under Division 3 of Part 6. (3) The Ministerial Council may, at any time, ask a National Board to review an approved or proposed registration standard for the health profession for which the National Board is established. (4) The Ministerial Council may delegate any of the Council's powers under subsection (1) to an entity it considers appropriate to exercise the power. 13—Approvals in relation to specialist registration (1) The following health professions, or divisions of health professions, are health professions for which specialist recognition operates under this Law— (a) the medical profession; (b) the dentists division of the dental profession; (c) any other health profession approved by the Ministerial Council, on the recommendation of the National Board established for the profession. (2) If a health profession is a profession for which specialist recognition operates, the Ministerial Council may, on the recommendation of the National Board established for the profession— (a) approve a list of specialties for the profession; and (b) approve one or more specialist titles for each specialty in the list. (3) In making a recommendation to the Ministerial Council for the purposes of subsection (1)(c) or (2), a National Board established for a health profession may have regard to any relevant advice provided by— (a) an accreditation authority for the profession; or (b) a specialist college for the profession. (4) The Ministerial Council may provide guidance to a National Board established for a health profession for which specialist recognition will operate in relation to the criteria for the approval of specialties for the profession by the Council. 14—Approval of endorsement in relation to scheduled medicines (1) The Ministerial Council may, on the recommendation of a National Board, decide that the Board may endorse the registration of health practitioners practising a profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines. See section 94 which provides for the endorsement of health practitioners' registration in relation to scheduled medicines. (2) An approval under subsection (1) is to specify— (a) the class of health practitioners registered by the Board to which the approval relates; and (b) whether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and (c) whether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines. 15—Approval of areas of practice for purposes of endorsement The Ministerial Council may, on the recommendation of a National Board, approve an area of practice in a health profession for which the Board is established as being an area of practice for which the registration of a health practitioner registered in the profession may be endorsed. See section 98 which provides for the endorsement of health practitioners' registration in relation to approved areas of practice. 16—How Ministerial Council exercises functions (1) The Ministerial Council is to give a direction or approval, or make a recommendation, request or appointment, for the purposes of a provision of this Law by resolution of the Council passed in accordance with procedures determined by the Council. (2) An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council's membership. 17—Notification and publication of directions and approvals (1) A copy of any direction given by the Ministerial Council to the National Agency— (a) is to be given to the Chairperson of the Agency Board; and (b) must be published by the National Agency on its website as soon as practicable after being received by the Chairperson. (2) A copy of a direction or approval given by the Ministerial Council to a National Board— (a) is to be given to the Chairperson of the National Board; and (b) if the direction is given under section 11(3)(d), is to include reasons for the direction; and (c) must be published by the National Board on its website as soon as practicable after being received by the Chairperson. (3) A copy of a direction or approval given by the Ministerial Council to the National Agency or to a National Board is to be published in the annual report of the National Agency. Part 4—Australian Health Practitioner Regulation Agency