Health Practitioner Regulation National Law (Tasmania) Act 2010

The Act’s core legal concept is statutory adoption by reference. Section 4 imports the Health Practitioner Regulation National Law "as in force from time to time" and applies it as a law of Tasmania, to be referred to as the Health Practitioner Regulation National Law (Tasmania) (s 4). The Act does not restate the National Law text, rather it makes that external instrument operative in this jurisdiction and provides Tasmanian-specific definitions and procedural rules where necessary (s 3(1), s 5).

Definitions and local glosses. Section 3(1) establishes that the phrase "Health Practitioner Regulation National Law (Tasmania)" means the provisions applying in Tasmania because of s 4. Section 5 maps certain generic terms in the National Law to Tasmanian counterparts for local clarity: for example "court of summary jurisdiction" means the Magistrates Court or another court exercising summary jurisdiction; "magistrate" and "magistrates court" adopt meanings from the Magistrates Court Act 1987; and "this jurisdiction" is defined as Tasmania (s 5). Part 3 similarly defines "former health practitioner registration Act" and "participation day" for the purposes of transitional provisions (s 9, s 16).

Responsible tribunal and adjudicative forum. The Act designates the Tasmanian Civil and Administrative Tribunal as the responsible tribunal for National Law purposes in Tasmania (s 6). That fixes the principal adjudicative body for disciplinary, review and tribunal functions arising under the National Law within this State.

Exclusions and continuations. Section 7 lists specific Tasmanian Acts, or provisions of Acts, that do not apply to the National Law or instruments made under it. The list includes transparency and oversight statutes such as the Freedom of Information Act 1991, the Ombudsman Act 1978, the Personal Information Protection Act 2004 and the Right to Information Act 2009, plus other Acts such as the Audit Act 2008 and the Penalty Units and Other Penalties Act 1987 (s 7). However, the Act contains saving/transitional rules that preserve the handling of notifications or complaints that were already underway under those excluded statutes immediately before the participation day: pending FOI or personal information matters that were received but not completed before participation day are to be dealt with by the relevant National Board and continue to be dealt with under the excluded legislation as originally raised (s 22(2)-(3)).

Ministerial directions and institutional coordination. Section 11 authorises the Minister to give written directions to a "local registration authority" established under a former, now-repealed profession-specific Act to enable transition to the national scheme. The Minister may direct transfer of funds to the National Agency, provision of information, execution of documents and any other action required to enable transition (s 11(1)(a)-(d)). Compliance by local registration authorities with such directions is mandatory (s 11(2)).

Information sharing for vetting. The Act expressly permits the Police Commissioner to provide "criminal history information" to a National Board, to the Australian Crime Commission or to other police agencies for the purpose of those bodies giving the information to a National Board (s 12(1)-(2)). The statute defines "criminal history information" in relation to what may be included in a written report under the National Law (s 12(2)).

Transitional carriage of regulatory work. The Act provides detailed transition mechanics to ensure continuity. Existing declarations of areas of need made under the Medical Practitioners Registration Act 1996 continue in force as if made under the National Law (s 17). Complaints and investigative matters in progress at participation day are allocated to the National Board but continue to be dealt with under the former statute, and the responsible tribunal may exercise functions as if it were a former tribunal where a referral is required (s 18). Offences proceedings begun by a local registration authority prior to participation day may be continued by the Secretary of the Department and proceedings that could have been instituted by a local authority may be instituted by the Secretary (s 19).

Reporting, publication and parliamentary oversight. Section 15 prescribes how National Law regulations are to be notified and laid before the Tasmanian Parliament: publication by the Victorian Government Printer triggers a Gazette notice within 21 days, laying before each House within 10 sitting-days, and regulations take effect on a specified day (s 15(1)(a)-(c)). Section 14 requires the Minister cause any amendment to the National Law to be tabled in each House within 10 sitting-days of the date the amendment receives Royal Assent in Queensland (s 14(1)).

Schedules and abolition of former regimes. Schedules 1-3 list Tasmanian statutes repealed, subordinate instruments rescinded and proclamations revoked as part of the move to the national scheme. Those schedules make explicit which former profession-specific Acts and associated regulations are taken out of force as a consequence of the new national framework.

Administrative assignment. Until an Administrative Arrangements order provides otherwise, the Minister for Health and the Department of Health and Human Services administer this Act (s 23). That fixes interim institutional responsibility for the transition.

These concepts together create a mechanism for legal transfer and operational transition from separate state-based registration regimes to a single, imported National Law while maintaining specified Tasmanian procedural forms, exemptions and transitional continuity.

Registered health practitioners and applicants. The adoption of the National Law operates directly on persons who are or will be registered in a health profession under the National Law in Tasmania because the National Law (Tasmania) becomes the governing set of registration, accreditation and conduct rules in place of the former state Acts (s 4; Schedules 1-3 list repealed Acts). Section 21 alters how references to a person "registered under the Health Practitioner Regulation National Law (Tasmania)" are to be read in other Acts in Tasmania, expressly excluding students and holders of non-practising registration from any statutory entitlement to act in the course of their profession, and excluding provisional pharmacy registration from some other Acts unless those Acts provide otherwise (s 21(1)-(2)).

Local registration authorities. Entities that were local registration authorities under the repealed, profession-specific Tasmanian Acts are directly affected. They are subject to Ministerial directions to transfer funds, provide information, sign documents and otherwise facilitate transition to the National Agency, and they must comply with such directions (s 11(1)-(2)). They are required to prepare and deliver an annual report covering any unreported periods to the Minister within 60 days after participation day that incorporates audited accounts (s 20(1)-(2)). Local registration authorities will also see their investigatory and prosecutorial roles curtailed or transferred: complaints in progress before participation day are to be dealt with by the National Board under the old statutory regime, and prosecutions begun by local authorities that are not finally dealt with may be continued by the Secretary (s 18-19).

National Agency and National Boards. The National Agency and National Boards are recipients of transferred funds, information and complaints; they take over ongoing investigations and complaints (s 11, s 18). The Police Commissioner may share criminal history information with a National Board and with the Australian Crime Commission or other police services for that purpose (s 12). The National Boards will also be the entities expected to deal with notifications that were pending under Tasmanian excluded legislation prior to participation day (s 22(2)-(3)).

Minister and Department. The Minister has explicit statutory powers under this Act: to direct local registration authorities (s 11); to table amendments to the National Law in Parliament following Royal Assent in Queensland (s 14); and to require form and content for transitional reports from local registration authorities (s 20(3)). The Department of Health and Human Services is assigned administration of the Act until an administrative arrangements order reassigns responsibility (s 23). The Secretary of the Department is given power to continue or institute offences proceedings begun or capable of being begun by local registration authorities prior to participation day (s 19).

Tribunals, Ombudsman and oversight bodies. The Tasmanian Civil and Administrative Tribunal is made the responsible tribunal for matters under the National Law in Tasmania (s 6). The Act removes the application of certain Tasmanian oversight and information Acts to the National Law (s 7). That affects the Ombudsman, FOI/RTI applicants and those making privacy complaints; however, the Act preserves the handling of notifications and some Ombudsman matters that were in progress immediately before participation day (s 22).

Police and the Australian Crime Commission. The Police Commissioner is authorised to disclose criminal history information to National Boards and to the Australian Crime Commission or other police agencies for the purpose of those bodies transmitting that information to a National Board (s 12). The Act defines "Australian Crime Commission" for this purpose and confines "criminal history information" to the type of material that may be included in a written report under the National Law (s 12(2)).

Practitioners undergoing health or performance assessments. Section 13 affirms that nothing in Division 9 of Part 8 of the National Law is intended to restrict a registered health practitioner from being accompanied by another person during a required health or performance assessment. That change affects practitioners subjected to those assessments and the assessors.

Parliament and the public. Parliament is given mechanics for scrutiny of regulatory instruments under the National Law: regulations made under the National Law are to be notified in the Gazette and laid before both Houses within set timeframes, and the Minister must notify the Ministerial Council should a House resolve to disallow such a regulation (s 15(1)-(2); s 14(1)). This affects parliamentary oversight and the administrative process for disallowance.

Collectively these groups comprise the primary classes of persons and institutions affected, with immediate and transitional obligations on local registration authorities, new centralised roles for National Boards and the National Agency, and procedural effects for practitioners, oversight agencies and Parliament.

Statutory duties the Act imposes and rights it preserves are concentrated on transitional mechanics, administrative duties and procedural safeguards preserved from the National Law.

Duties on local registration authorities to comply with Ministerial directions. Section 11 grants the Minister power to direct a local registration authority to transfer funds to the National Agency before the participation day, to provide information and execute documents required for transition and to take any action necessary to enable transition (s 11(1)(a)-(d)). Section 11(2) creates a mandatory duty of compliance: a local registration authority "is to comply" with a direction given under s 11(1). That is a direct statutory obligation that precedes the abolition of the local authority on participation day.

Reporting duties. Section 20 requires a local registration authority, notwithstanding repeal of its founding Act, to give the Minister a report of operations for any period not yet reported and ending on the day before participation day, within 60 days after participation day. The report must incorporate the audited statement of accounts for that period (s 20(1)-(2)). The Minister has the power to direct the manner of preparation and content of the report (s 20(3)). The Minister may append the report to the Department’s annual report and must cause it to be laid before each House of Parliament if not so appended (s 20(4)-(6)). These duties place an explicit administrative burden on outgoing local registration authorities to account for operations and funds during the transition.

Duty to continue or institute certain criminal or disciplinary proceedings. Section 19(1) permits the Secretary of the Department to continue proceedings in respect of offences under a former health practitioner registration Act that a local registration authority had instituted but not finally dealt with before participation day. Section 19(2) extends to the Secretary the power to institute, after participation day, proceedings in respect of offences that could have been instituted by a local authority before participation day. Those provisions allocate enforcement duties to the Secretary to preserve continuity of accountability for past conduct.

Duty on Police Commissioner to disclose criminal history information. Section 12 provides a power and functional duty on the Police Commissioner to give criminal history information to a National Board, to the Australian Crime Commission or to other police forces for the purpose of those bodies giving the criminal history information to a National Board (s 12(1)). The Act defines the scope of "criminal history information" by reference to what may be included in a written report under the National Law (s 12(2)). This creates a mechanism for vetting and background checks connected to registration.

Right of practitioner to accompaniment during assessments. Section 13 preserves the right of a registered health practitioner subject to a health or performance assessment under the National Law to be accompanied by another person during the assessment. The provision is framed as clarifying that nothing in the relevant Division is intended to restrict such accompaniment (s 13). The Act therefore codifies a procedural right for practitioners undergoing compulsory assessments.

Parliamentary notification and laying duties. Section 14 requires the Minister to cause any amendment to the National Law to be tabled in each House of the Tasmanian Parliament within 10 sitting-days from the date the amendment receives Royal Assent in Queensland (s 14(1)). Section 15 prescribes duties for the Minister regarding national law regulations made under the National Law: regulations are to be notified in the Gazette within 21 days of publication by the Victorian Government Printer, to be laid before each House within 10 sitting-days, and to specify their commencement day (s 15(1)(a)-(c)). If a House passes a resolution to disallow within 15 sitting-days, the Minister must notify the Ministerial Council (s 15(2)). These provisions impose duties on executive officers to maintain parliamentary oversight and transparency, as framed by the Act.

Exemption and preservations. Section 10 creates a specific fiscal right by exempting transfers of "dutiable property" from a local registration authority to the National Agency, done in accordance with the National Law, from duty under the Duties Act 2001. That removes a potential transaction cost for the transfer of assets associated with transition (s 10).

Definitions that affect statutory entitlements. Section 21 affects statutory duties and rights in other Tasmanian Acts by specifying that a reference to a person registered under the National Law, in contexts that enable or require a health practitioner to act professionally, does not include students or persons with non-practising registration (s 21(1)). It also states that references to a person registered in the pharmacy profession do not include a person with provisional registration unless the other Act provides otherwise (s 21(2)). These definitional adjustments limit the statutory authorisations and obligations that flow from other Tasmanian Acts to practitioners in certain categories.

Procedural duties around notifications and excluded laws. Section 22 preserves the procedural status of certain notifications and complaints that were raised under excluded Tasmanian legislation before participation day: such matters are to be dealt with by the relevant National Board but "continue to be dealt with" under the excluded legislation as raised (s 22(2)). The Ombudsman’s unresolved complaints about local registration authorities that were received before participation day are to be dealt with under the relevant Ombudsman or privacy regime, but the National Board is taken to be the local registration authority about which the complaint relates (s 22(3)). Those provisions allocate duties to National Boards to receive and progress matters while preserving the procedural framework originally invoked.

Collectively, the Act imposes duties primarily aimed at preserving continuity of regulatory oversight and transferring operational assets, while preserving certain practitioner rights in assessment processes and clarifying inter-legislative relationships.

The Act itself is not a catalogue of new substantive criminal offences. Instead it provides enforcement and continuity mechanisms that reassign responsibilities for offences and regulatory enforcement arising under the now-repealed state Acts and the imported National Law.

Continuation and institution of prosecutions. Section 19(1)-(2) sets out enforcement mechanics for offences under former Tasmanian registration Acts: proceedings that a local registration authority had commenced but not finalised prior to participation day "may be continued by the Secretary of the Department" (s 19(1)). Proceedings that could have been instituted by a local registration authority before participation day "may be instituted by the Secretary of the Department" after participation day (s 19(2)). Those provisions reallocate prosecutorial authority for past conduct to a central executive officer, preserving enforcement capacity after the abolition of local registration authorities.

Tribunal functions and responsible tribunal. The Act designates the Tasmanian Civil and Administrative Tribunal as the responsible tribunal for the National Law in Tasmania (s 6). Tribunal powers under the National Law will therefore be exercised by that body, including adjudication of disciplinary matters, imposition of conditions and directions where the National Law confers such powers, and reviewing administrative decisions as the National Law permits. Where a former health practitioner tribunal had started but not completed a hearing immediately before participation day, that former tribunal may continue dealing with the matter under the former Act (s 18(3)); where a National Board refers a matter to a former health practitioner tribunal, the responsible tribunal may deal with the matter as if it were the former tribunal (s 18(2)(c)-(d)). The Act therefore provides continuity of adjudicative authority and preserves the enforceability of tribunal orders through the transitional phase.

Penalty units and fines. Section 7 expressly excludes application of the Penalty Units and Other Penalties Act 1987 to the Health Practitioner Regulation National Law (Tasmania) and to instruments made under that Law (s 7(f)). The Act does not itself set out an alternative conversion mechanism within the text provided, so the treatment of monetary penalties in terms of penalty units for National Law offences is determined by the imported National Law and any express arrangements made in that Law or regulations. The exclusion in s 7 means that a number of Tasmanian statutory machinery Acts do not apply; enforcement mechanisms embedded in the National Law will therefore be the operative source for penalties unless the National Law makes local references.

Police disclosure and information for disciplinary action. Section 12 authorises the Police Commissioner to give criminal history information to National Boards and to the Australian Crime Commission or other police bodies for the purpose of those bodies transmitting it to a National Board (s 12(1)). That is an enforcement-relevant information-sharing provision aimed at supporting National Boards' fitness-to-practise and registration decisions. The Act limits "criminal history information" to the type of information that may be included in a written report under the National Law (s 12(2)), constraining the form and likely content of information shared.

Ombudsman, FOI and privacy oversight. Section 7 removes several Tasmanian oversight and information Acts from applying to the National Law, including the Ombudsman Act 1978 and Freedom of Information and Right to Information Acts (s 7(d)-(i)). The practical effect is that the complaint, review and transparency mechanisms that would otherwise be available under those Tasmanian statutes do not apply to the National Law or instruments made under it. Nonetheless, s 22 preserves the right to have notifications and certain Ombudsman complaints that started before participation day continued under the original excluded regimes. The removal of those Acts may alter conventional administrative oversight pathways and the remedies or enforcement mechanisms available to members of the public who seek access or make privacy or Ombudsman complaints in relation to National Law activities going forward.

Administrative enforcement and ministerial directions. The Act obliges local registration authorities to comply with Ministerial directions to facilitate transition (s 11(2)). While s 11 does not itself prescribe penalty sanctions for non-compliance, the mandatory wording imposes a statutory duty on local authorities which, if breached, may be enforced by means available to the State, including administrative or judicial remedies not spelled out in the Act.

In short, enforcement under this Act is implemented by: (1) transferring responsibility for completing prosecutions to the Secretary (s 19); (2) conferring tribunal jurisdiction on the Tasmanian Civil and Administrative Tribunal (s 6, s 18); and (3) enabling information flows to National Boards to support disciplinary and registration processes (s 12). Penal detail and specific sanctions in the national scheme are to be found in the imported National Law itself, with the Act adjusting certain local statutory overlays such as the Penalty Units Act (s 7).

Adoption by reference and interaction. Section 4 makes the Health Practitioner Regulation National Law, as in force from time to time, apply as a law of Tasmania and to be treated as part of this Act. That creates a direct textual interaction where the National Law's provisions operate as Tasmanian law, subject to the local modifications and definitions supplied in this statute (s 3, s 5). The Act therefore does not operate in isolation: it imports the substantive and procedural rules of the National Law while carving out particular Tasmanian statutory applications and providing transitional directions.

Exclusion of particular Tasmanian Acts. Section 7 expressly prevents a listed set of Tasmanian Acts, or parts of Acts, from applying to the National Law or instruments made under it. The list includes the Acts Interpretation Act 1931, the Audit Act 2008, the Penalty Units and Other Penalties Act 1987, the Right to Information Act 2009, the Freedom of Information Act 1991, the Ombudsman Act 1978 and the Personal Information Protection Act 2004, as well as specified parts of the Financial Management Act 2016 (s 7(a)-(j)). This is a direct statutory interaction: for matters governed by the National Law, the usual Tasmanian statutory frameworks for interpretation, audit, FOI, Ombudsman complaints and penalty unit calculation do not apply unless expressly preserved elsewhere in the Act.

Savings and continuation where things are in progress. Sections 18, 19, 20, and 22 are all interactional devices to preserve ongoing regulatory and administrative activity initiated under former Tasmanian Acts. Complaints being dealt with at participation day are, by s 18(2)(a)-(b), to be dealt with by the National Board but continue to be dealt with under the former Act; if referral to a former tribunal is appropriate, the responsible tribunal may deal with the matter as if it were the former tribunal (s 18(2)(c)-(d)). Similarly, ss 22(2)-(3) preserve the operation of notifications under excluded legislation and Ombudsman complaints that were in progress immediately before participation day. Section 19 allows continuation and institution of offences proceedings begun or capable of being begun by a local registration authority, but transfers those powers to the Secretary (s 19(1)-(2)). Section 20 requires outgoing local registration authorities to provide final reports and audited statements to the Minister (s 20(1)-(2)). These provisions ensure legal continuity across the intersection between former State Acts and the incoming National Law.

Interplay with duties and duties-exempting local laws. Section 10 exempts from duty, under the Duties Act 2001, transfers of "dutiable property" from a local registration authority to the National Agency made in accordance with the National Law. That interacts directly with the Duties Act 2001 and removes a Tasmanian tax cost associated with transferring assets to the National Agency for the purposes of the national scheme (s 10).

Parliamentary and regulation procedure across jurisdictions. Section 15 prescribes how regulations under the National Law are to be dealt with in Tasmania: regulations published by the Victorian Government Printer must be notified in the Tasmanian Gazette within 21 days, laid before each House within ten sitting-days, and take effect on or from a day specified in the regulation (s 15(1)(a)-(c)). If a House passes a resolution to disallow within 15 sitting-days after notice, s 15(2) requires application of s 246(2) of the National Law and the Minister must notify the Ministerial Council. Section 14 requires the Minister to cause amendments to the National Law to be tabled in each House within 10 sitting-days from the Queensland Royal Assent date (s 14(1)). These provisions create a procedural bridge between the interstate legislative processes that will amend or publish the National Law and Tasmanian parliamentary oversight.

Adjustment of references in other Tasmanian Acts. Section 21 modifies how references to a "person registered under the Health Practitioner Regulation National Law (Tasmania)" are to be read in other Acts: such a reference does not include a student or a person holding non-practising registration insofar as the reference enables or requires a practitioner to act in the course of their profession (s 21(1)). For the pharmacy profession, a reference in another Act to a person registered in the pharmacy profession does not include a person with provisional registration unless that Act provides otherwise (s 21(2)). This is a textual interaction that will affect licensing statutes, health-centre authorisations or other regulatory Acts that reference registration status for permissions or duties.

Administrative arrangements. Section 23 assigns administration of the Act to the Minister for Health and to the Department of Health and Human Services until an administrative arrangements order under s 4 of the Administrative Arrangements Act 1990 provides otherwise (s 23). That determines which executive instruments and personnel within Tasmania are responsible for interaction and coordination between the State and the National Agency during the transition.

Schedules and revocations. Schedules 1-3 list the Tasmanian profession-specific Acts, subordinate instruments and proclamations that the Act repeals, rescinds or revokes (Schedules 1-3). This directly modifies statutory architecture by removing the prior Tasmanian legislative scaffolding and replacing it with the imported National Law, subject to the continuing transitional provisions.

Overall, the Act creates a structured legal interface between the National Law and Tasmanian law: it imports the National Law wholesale, establishes local definitions and institutions, disapplies specific Tasmanian statutes for matters under the National Law, preserves certain pending matters under the old statutes, and prescribes the procedural steps for regulations and parliamentary oversight.

The text of the Act contains formal amendment annotations that identify a small set of later changes and substitutions. The following summarises the amendment entries as recorded in the statute text provided. All references below are to the internal annotations appearing in the provided text.

• Section 6 (Responsible tribunal). The Act records that s 6 was substituted by No. 12 of 2010, Schedule 3, applied 15 August 2010. It also records a subsequent amendment by No. 18 of 2021, s 178, applied 05 November 2021. Both annotations appear adjacent to s 6 in the statute text. These entries indicate the provision designating the Tasmanian Civil and Administrative Tribunal as the responsible tribunal was adjusted and later amended; the current operative text is the version naming the Tasmanian Civil and Administrative Tribunal (s 6).

• Section 9 (Interpretation, Part 3). Section 9 contains an annotation that it was amended by No. 33 of 2011, s 4, applied 25 October 2011. The effect in the text is the addition of Medical Radiation Science Professionals Registration Act 2000 to the list of "former health practitioner registration Acts" (s 9, paragraph (da) marked as amended).

• Section 7 (Exclusion of legislation of this jurisdiction). The s 7 annotation shows amendment by No. 4 of 2017, Schedule 1, applied 01 July 2019. The text includes bracketed notes showing that s 7 was amended and the enumeration includes cross-references to specified parts and sections of the Financial Management Act 2016; the annotation indicates an updating of the list of Tasmanian Acts or provisions that do not apply to the National Law.

• Section 12 (Police commissioner may give criminal history information). The provision includes annotation that s 12(1) and s 12(2) were amended by No. 28 of 2018, s 11, applied 10 December 2018. The amendments relate to the definition of "Australian Crime Commission" and "criminal history information" and to cross-referencing the Australian Crime Commission Act for the Commonwealth.

• Section 20 (Annual reports). Subsection (5) carries an amendment annotation by No. 4 of 2017, Schedule 1, applied 01 July 2019, clarifying the interaction of s 20(4) with s 36(3) of the State Service Act 2000; the annotation states that subsection (4) has effect notwithstanding that State Service Act provision.

• Section 15 (Procedure with respect to national law regulations). The text of s 15 makes procedural cross-references to s 246 of the Health Practitioner Regulation National Law (Tasmania); while the Act does not annotate later amendments to s 15 itself, it makes provision for inter-jurisdictional publication practices and parliamentary disallowance routes.

Schedules. The Act contains Schedules 1-3 listing repealed Acts, rescinded regulations and revoked proclamations. The schedules record exactly which Tasmanian statutes and instruments were removed as part of the move to the national scheme. The Schedules are integral to the transitional architecture and took effect on the participation arrangements.

No other amendment dates or amending instruments are included within the text provided. The Act also contains commencement provisions stating that, except where noted, the Act commences on days to be proclaimed, while ss 9 and 11 commence on the day of Royal Assent (s 2). The annotation pattern in the statute text shows discrete legislative updates in 2010, 2011, 2017/2019, 2018 and 2021 relevant to particular provisions, and those annotations are reflected in the bracketed editorial notes adjacent to the affected sections.

Readers who require the chronological detail, such as the precise legislative instruments that made those amending Acts or the full text of the amending provisions, should consult the cited amending Acts themselves (for example, No. 12 of 2010; No. 33 of 2011; No. 4 of 2017; No. 28 of 2018; No. 18 of 2021) as identified in the statutory annotations in this Act.

The statute text provided contains no references to litigation, reported cases, judicial interpretations or court decisions. The Act is a machinery and transitional statute that imports the National Law and sets out Tasmanian treatment of particular points; it does not itself record judicial proceedings or case law. Consequently, there are no named cases in the provided text from which to extract precedent or to outline a litigation history.

Nevertheless, the Act contains provisions that will affect the forums and procedural pathways for disputes under the National Law in Tasmania, which are relevant to potential litigation or administrative review:

• Tribunal jurisdiction. Section 6 designates the Tasmanian Civil and Administrative Tribunal as the responsible tribunal for the National Law (s 6). That identification determines the tribunalary forum that will hear disciplinary and review matters under the National Law in Tasmania, and therefore is the principal venue for litigation and judicial review in the tribunal context.

• Continuation of existing tribunal hearings. Section 18(3) permits a former health practitioner Tribunal that had started but not completed a hearing before participation day to "continue to deal with the matter under the relevant former health practitioner registration Act" (s 18(3)). That provision preserves the adjudicative continuity for matters already before former Tribunals pending the transition.

• Responsible tribunal exercising former tribunal functions. Under s 18(2)(c)-(d), where a matter in transition is to be referred to a former health practitioner Tribunal, the responsible tribunal may "deal with the matter as if it were the former health practitioner Tribunal" and "is to deal with the matter under the relevant former health practitioner registration Act" and may make any decision that the former tribunal could have made (s 18(2)(c)-(d)). These provisions shape the legal footing on which tribunal decisions are made in the transition phase and are relevant to any review or appeal arguments about jurisdiction and procedural continuity.

• Prosecutions. Section 19 transfers the capacity to continue or institute proceedings for offences under former registration Acts to the Secretary of the Department (s 19(1)-(2)). Any prosecutions continued or instituted by the Secretary will be litigated in the ordinary courts appropriate to the offence and the jurisdictional provisions of the National Law and other Tasmanian statutes.

• Exclusions affecting judicial review and statutory remedies. Section 7 lists a number of Tasmanian statutes that do not apply to the National Law and instruments made under it, including the Freedom of Information Act, the Ombudsman Act and the Personal Information Protection Act (s 7). The exclusion of these Acts changes the remedial landscape and the statutory pathways by which affected persons might seek information, privacy remedies or Ombudsman review, although s 22 protects certain matters that were already in progress immediately before participation day.

Because the provided text includes no case names or judicial outcomes, the statute itself supplies the structural framework that will determine where and how litigation under the National Law will occur in Tasmania. Researchers and practitioners seeking judicial interpretation or appellate lines on matters arising under the National Law as applied in Tasmania will need to consult court and tribunal decisions reported after the date of this Act’s amendments, which are not contained within the provided statute.

The Act is compact but contains several points where the statutory mechanics produce non-obvious effects or require careful attention to timing and cross-references.

1. Exclusion of oversight and penalty machinery. Section 7 removes a suite of Tasmanian statutes from applying to the National Law and instruments under it, including FOI/RTI, Ombudsman, PIP Act, Audit Act and the Penalty Units Act (s 7(a)-(j)). A practical consequence is that standard Tasmanian administrative transparency and oversight instruments do not apply to the National Law in Tasmania unless another provision preserves a particular pathway. Practitioners and the public expecting to use Tasmanian FOI or Ombudsman processes against National Law actors need to take care: s 22 partially preserves pending notifications and complaints commenced before participation day, but it does not make FOI, Ombudsman or privacy regimes generally available for matters arising after participation day (s 22(2)-(3)). Check whether a specific access pathway exists through the National Law’s own review or information mechanisms.

2. Ministerial direction and mandatory compliance before participation day. Section 11 allows the Minister to direct a local registration authority to transfer funds and provide information before the participation day (s 11(1)(a)-(d)), and s 11(2) requires the local authority to comply. That creates a timing-sensitive duty: local authorities must obey pre-participation-day directions, potentially transferring funds or executing documents prior to the formal abolition of their statutory role. Entities receiving such directions should ensure clear records of authority and consult the precise wording of any direction because the Act mandates compliance.

3. Transfer of funds exempt from duty, but subject to definitions. Section 10 exempts transfers of "dutiable property" from a local registration authority to the National Agency from duty under the Duties Act 2001 (s 10). Users should not assume all transfers are covered: the exemption applies to transfers "in accordance with the Health Practitioner Regulation National Law (Tasmania)". The definition of "dutiable property" and the scope of transfers that qualify must be checked against the Duties Act and the National Law transition provisions to confirm a particular transaction falls within the exemption.

4. Continuation of pending complaints under old Acts may create dual procedural regimes. Section 18(2) requires complaints that a local registration authority had started but not completed before participation day to be "dealt with by the National Board" yet "to continue to be dealt with under the former health practitioner registration Act under which it was made" (s 18(2)(a)-(b)). This combination means National Boards handle the matter operationally but apply the old statutory rules. Parties need to identify which statute governs procedure, available remedies and applicable time limits for a given pending matter.

5. Definitions in other Acts restricting who may act. Section 21 modifies the meaning of "registered" in other Tasmanian Acts, excluding students and non-practising registrants from statutory rights to act in the course of a profession, and excluding provisional pharmacy registrants unless the other Act provides otherwise (s 21(1)-(2)). Organisations that rely on statutory references to "registered" persons for employment, authorisations or privileges should confirm whether a person’s registration class confers the relevant statutory right post-transition.

6. Police sharing of criminal history information is channelled but limited. Section 12 authorises the Police Commissioner to give criminal history information to National Boards and to other agencies for the purpose of that information being passed to a National Board (s 12(1)). "Criminal history information" is defined in relation to what may be included in a written report under the National Law (s 12(2)), so the content and format of disclosures are constrained by the National Law’s reporting rules. Entities must be precise about lawful disclosure channels and confidentiality protections, particularly when overlapping privacy rules might otherwise apply but are excluded by s 7.

7. Publication and parliamentary timing depends on interstate printers. Section 15 ties the Tasmanian procedural steps for regulations to publication by the Victorian Government Printer under the National Law (s 15(1)(a)). That creates an important interjurisdictional timing dependency: a regulation’s Tasmanian gazettal and parliamentary laying obligations hinge on the Victorian publication timetable. Interested stakeholders should track the Victorian publication notice and the Tasmanian Gazette notice deadlines to ensure timely parliamentary scrutiny.

8. Administering authority and temporary assignments. Section 23 assigns administration of the Act to the Minister for Health and the Department of Health and Human Services "until provision is made ... by order under section 4 of the Administrative Arrangements Act 1990" (s 23). The temporary nature of that assignment means responsibilities may shift by administrative order; parties should confirm current departmental responsibility at the time of any inquiry or compliance action.

9. Repeals and rescissions are geographically specific. Schedules 1-3 list the Tasmanian Acts, regulations and proclamations that are repealed, rescinded or revoked. Practitioners should not assume those repeals automatically affect corresponding Commonwealth or interstate instruments; the schedules specify Tasmanian instruments only. Also, the listed extinguishments have practical consequences for historical records and obligations that might remain under other laws.

10. No new substantive disciplinary scheme in this Act. The Act imports the National Law which contains substantive disciplinary, registration and enforcement provisions. This adoption statute does not itself recreate those substantive rules. Therefore, to understand sanctions, continuing professional obligations and procedural rights in full, one must read the National Law provisions as applied in Tasmania, together with the jurisdiction-specific modifications documented here.

Each of these points is grounded in a particular section or schedule in the Act. Parties preparing for or operating through the transition should map their current duties, pending matters and information flows explicitly against the sections noted to avoid unintended loss of rights, missed timelines or misdirected compliance steps.

The Act concentrates compliance obligations around transitional tasks, reporting, ministerial directions and the need to align with the imported National Law. The following is a practical compliance checklist, with statutory anchors.

1. For local registration authorities: comply immediately with any written Ministerial direction. Section 11 gives the Minister power to direct local registration authorities to transfer funds to the National Agency, provide information, sign documents and take any other action necessary to enable transition (s 11(1)(a)-(d)). Section 11(2) requires the local registration authority "to comply" with such directions. Ensure a robust record of receipt of directions, the scope of the steps required, and confirmations that transfers or information releases are carried out. Seek timely legal advice if permission from governing boards or trust instruments is required to transfer funds or execute documents.

2. For finance and asset management: confirm duty-exempt transfers. Section 10 exempts transfers of "dutiable property" from a local registration authority to the National Agency from duty under the Duties Act 2001 when done in accordance with the National Law (s 10). Finance officers should document that transfers are effected "in accordance with" the National Law and retain audit trails, reconciliations and the audited statement of accounts that must be included in the transitional report required by s 20.

3. For reporting and records: prepare transition-period annual reports and audited accounts. Section 20 obliges a local registration authority to give the Minister a report of its operations for any period not yet reported ending the day before participation day, within 60 days after participation day, incorporating the audited statement of accounts (s 20(1)-(2)). The Minister may require a particular form or content (s 20(3)). Ensure audited financial statements are completed on time and that the reports address any statutory points the Minister may require. Retain documentary evidence and be ready for the Minister’s direction on format or content.

4. For complaints and disciplinary processes: identify pending matters. Section 18 requires complaints started but not completed by a local registration authority before participation day to be dealt with by the National Board while continuing under the former Act (s 18(2)). Compile a complete inventory of all pending complaints, investigations, tribunal referrals and hearings, together with the relevant statutory basis, records of steps taken, and any materials needed by the National Board or the responsible tribunal. For matters already referred to a former health practitioner tribunal and not completed before participation day, the former tribunal may continue under s 18(3). Preserve all evidence and procedural records for transfer.

5. For prosecutions and enforcement: notify the Secretary of outstanding matters. Under s 19, the Secretary of the Department can continue proceedings that a local registration authority began, and may institute proceedings that could have been instituted before participation day (s 19(1)-(2)). Ensure all prosecutorial files are complete, properly archived and, where relevant, transferred to the Secretary with clear indexing and timelines for statute-of-limitations considerations where applicable.

6. For practitioners facing health or performance assessments: note accompaniment rights. Section 13 preserves the right to accompaniment during an assessment under Division 9 of Part 8 of the National Law (s 13). Practitioners and their advisors should notify assessors in advance if they intend to be accompanied and ensure the identity and role of the accompanying person is recorded in assessment protocols.

7. For police and information holders: follow the permitted disclosure channels. The Police Commissioner is authorised to share "criminal history information" with National Boards and with other specified agencies for the purpose of providing that information to a National Board (s 12(1)). Agencies disclosing criminal history must ensure they are providing information permitted by s 12 and that the material aligns with the National Law’s written-report format to which the definition refers (s 12(2)).

8. For bodies and persons seeking information or making notifications: check whether a Tasmanian oversight Act is excluded. Because s 7 excludes FOI, Ombudsman and privacy Acts from applying to the National Law generally (s 7(d)-(h)), do not assume access or complaint routes available under Tasmanian Acts apply. If a notification or complaint was made under excluded legislation before participation day, s 22 preserves the right to have it continued; compile evidence of the date the notification was lodged and liaise with the National Board if the notification is to be progressed (s 22(2)-(3)).

9. For other Tasmanian Acts and entities that rely upon registration references: verify the registration class. Section 21 instructs that references to "a person registered under the Health Practitioner Regulation National Law (Tasmania)" in other Acts do not include students or holders of non-practising registration for the purpose of enabling or requiring a practitioner to act professionally; it also clarifies the position for provisional pharmacy registrants (s 21(1)-(2)). Organisations relying on statutory references to confer privileges, access or authorisations should confirm a person’s registration class under the National Law to ensure statutory compliance.

10. For parliamentary and regulatory timing: track interstate publication and Tasmanian gazette deadlines. Section 15 requires regulation publication by the Victorian Government Printer to be followed by a Gazette notice within 21 days and laying before each House within the first 10 sitting-days thereafter (s 15(1)(a)-(b)). Regulatory stakeholders should monitor Victorian publication and the Tasmanian Gazette to identify the effective dates and windows for parliamentary disallowance.

11. For administrative responsibility: confirm the current administering department. Section 23 assigns administration to the Minister for Health and the Department of Health and Human Services "until provision is made" by administrative order (s 23). Confirm via administrative arrangements whether responsibility has been reassigned before directing enquiries or submitting documents to a different agency.

12. For record retention and audit trails: maintain complete documentary records of transfers, directions,