1Health Practitioner Regulation National Law (Victoria) Act 2009

Version No. 006 **Health Practitioner Regulation National Law (Victoria) Act 2009** **No. 79 of 2009** Version incorporating amendments as at 31 May 2019 **table of provisions** *Section Page* Part 1—Preliminary 1 1 Purpose 1 2 Commencement 1 3 Definitions 1 Part 2—Adoption of Health Practitioner Regulation National Law 2 4 Application of Health Practitioner Regulation National Law 2 5 Meaning of generic terms in Health Practitioner Regulation National Law for the purposes of this jurisdiction 2 6 Responsible tribunal for Health Practitioner Regulation National Law 2 6A Time for appeal against appellable decision 3 7 Exclusion of legislation of this jurisdiction 3 9 Transitional provision—Health Practitioner Regulation National Law (Victoria) Amendment Act 2011 4 ═════════════ Endnotes 5 1 General information 5 2 Table of Amendments 7 3 Amendments Not in Operation 8 4 Explanatory details 9 **Version No.** **006** **Health Practitioner Regulation National Law (Victoria) Act 2009** **No. 79 of 2009** Version incorporating amendments as at 31 May 2019 **The Parliament of Victoria enacts:** Part 1—Preliminary 1 Purpose The purpose of this Act is to provide for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners. 2 Commencement This Act comes into operation on 1 July 2010. 3 Definitions (1) In this Act— ***Health Practitioner Regulation National Law (Victoria)*** means the provisions applying in this jurisdiction because of section 4. (2) Terms used in this Act and also in the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland have the same meanings in this Act as they have in that Law. Part 2—Adoption of Health Practitioner Regulation National Law 4 Application of Health Practitioner Regulation National Law The Health Practitioner Regulation National Law, as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland— (a) applies as a law of Victoria; and (b) as so applying may be referred to as the Health Practitioner Regulation National Law (Victoria); and (c) so applies as if it were part of this Act. 5 Meaning of generic terms in Health Practitioner Regulation National Law for the purposes of this jurisdiction In the Health Practitioner Regulation National Law (Victoria)— ***magistrate*** means a magistrate within the meaning of the **Magistrates' Court Act 1989**; ***magistrates' court*** means the Magistrates' Court of Victoria. ***this jurisdiction*** means Victoria. 6 Responsible tribunal for Health Practitioner Regulation National Law VCAT is declared to be the responsible tribunal for this jurisdiction for the purposes of the Health Practitioner Regulation National Law (Victoria). **Note** See the definition of ***responsible tribunal*** in section 5 of the Health Practitioner Regulation National Law. S. 6A inserted by No. 45/2011 s. 3. 6A Time for appeal against appellable decision (1) A person who is the subject of an appellable decision under section 199 of the Health Practitioner Regulation National Law (Victoria) may appeal against that decision by lodging an application for review of that decision by VCAT. (2) An application under subsection (1) must be lodged no more than 28 days after the person has been given notice of the appellable decision. 7 Exclusion of legislation of this jurisdiction The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (Victoria) or to the instruments made under that Law— (a) the **Audit Act 1994**; (b) the **Financial Management Act 1994**; (c) the **Freedom of Information Act 1982**; (d) the **Health Records Act 2001**; S. 7(e) repealed by No. 60/2014 s. 140(Sch. 3 item 24.1). * * * * * (f) the **Interpretation of Legislation Act 1984**; (g) the **Ombudsman Act 1973**; S. 7(ga) inserted by No. 60/2014 s. 140(Sch. 3 item 24.2). (ga) the **Privacy and Data Protection Act 2014**; (h) the **Public Administration Act 2004**; S. 7(i) repealed by No. 13/2010 s. 32. * * * * * (j) the **Subordinate Legislation Act 1994**. S. 8 inserted by No. 13/2010 s. 33, repealed by No. 79/2009 s. 8(5). * * * * * S. 9 inserted by No. 45/2011 s. 4. 9 Transitional provision—Health Practitioner Regulation National Law (Victoria) Amendment Act 2011 (1) Section 6A applies to an application lodged on or after 1 July 2012. (2) If an appellable decision is made before 1 July 2012, an application for review of that appellable decision must be lodged with VCAT no more than 28 days after 1 July 2012. ═════════════ Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 15 October 2009* *Legislative Council: 12 November 2009* The long title for the Bill for this Act was "A Bill for an Act to provide for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners and for other purposes." The **Health Practitioner Regulation National Law (Victoria) Act 2009** was assented to on 8 December 2009 and came into operation on 1 July 2010: section 2. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Health Practitioner Regulation National Law (Victoria) Act 2009** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Health Practitioner Regulation National Law (Victoria) Act 2009, No. 79/2009** | *Assent Date:* | 8.12.09 | | --- | --- | | *Commencement Date:* | S. 8(5) on 1.7.14: s. 8(5) | | *Current State:* | This information relates only to the provision/s amending the **Health Practitioner Regulation National Law (Victoria) Act 2009** | **Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010** | Assent Date: | 30.3.10 | | --- | --- | | Commencement Date: | Ss 32, 33 on 31.3.10: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Health Practitioner Regulation National Law (Victoria) Act 2009** | **Health Practitioner Regulation National Law (Victoria) Amendment Act 2011, No. 45/2011** | Assent Date: | 22.9.11 | | --- | --- | | Commencement Date: | Ss 3, 4 on 1.7.12: s. 2 | | Current State: | All of Act in operation | **Privacy and Data Protection Act 2014, No. 60/2014** | Assent Date: | 2.9.14 | | --- | --- | | Commencement Date: | S. 140(Sch. 3 item 24) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 | | Current State: | This information relates only to the provision/s amending the **Health Practitioner Regulation National Law (Victoria) Act 2009** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details **Health Practitioner Regulation National Law Act 2009 of Queensland** As passed by Parliament can be found at: <https://www.legislation.qld.gov.au/view/html/asmade/act-2009-045> along with point-in-time versions that have been created each time the legislation changes.