Regulations may be made under section 245 of the National Law and are to
be published by the Victorian Government Printer. For the Regulations as
made, use the below link – Victorian Law Today – Statutory Rules
http://www.legislation.vic.gov.au/
NORTHERN TERRITORY OF AUSTRALIA
HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM
LEGISLATION) ACT 2010
As in force at 1 December 2018
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Interpretation ................................................................................... 1
Part 2 Adoption of Health Practitioner Regulation
National Law
4 Adoption of Health Practitioner Regulation National Law ................ 2
4A Private midwifery ............................................................................. 2
5 Meaning of generic terms in Health Practitioner Regulation
National Law for purposes of this jurisdiction................................... 3
6 Responsible tribunal for Health Practitioner Regulation
National Law (NT)............................................................................ 4
6A Application to end, shorten or amend prohibition order ................... 4
6B Appellable decision under Health Practitioner Regulation
National Law (NT)............................................................................ 5
7 Exclusion of legislation of this jurisdiction ........................................ 5
Part 3 Miscellaneous matters
8 Regulations...................................................................................... 6
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 December 2018
HEALTH PRACTITIONER REGULATION (NATIONAL UNIFORM
LEGISLATION) ACT 2010
An Act to apply as a law of the Territory a national law relating to health
practitioner regulation, and for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Health Practitioner Regulation
(National Uniform Legislation) Act 2010.
2 Commencement
This Act commences on 1 July 2010.
3 Interpretation
(1) In this Act:
Health Practitioner Regulation National Law (NT) means the
provisions applying in this jurisdiction because of section 4.
Tribunal means the Civil and Administrative Tribunal.
(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 (Qld) have the same
meanings in this Act as they have in that Law.
Part 2 Adoption of Health Practitioner Regulation National Law
Health Practitioner Regulation (National Uniform Legislation) Act 2010 2
Part 2 Adoption of Health Practitioner Regulation
National Law
4 Adoption 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 (Qld):
(a) applies as a law of this jurisdiction; and
(b) as so applying may be referred to as the Health Practitioner
Regulation National Law (NT); and
(c) so applies as if it were a part of this Act.
4A Private midwifery
(1) Despite section 284 of the Health Practitioner Regulation National
Law (NT), a midwife in the Territory does not, during the transition
period, contravene section 129(1) of that Law merely because the
midwife practises private midwifery if:
(a) the practise occurs in the Territory; and
(b) the practise would not contravene section 129 of that Law if it
occurred in a participating jurisdiction mentioned in
section 284(1)(a) of that Law.
(2) Section 284 of the Health Practitioner Regulation National Law (NT)
(other than section 284(1)(a)) applies in relation to the practise
under subsection (1).
(3) A midwife who intends to practise, or practises, private midwifery
must notify the Chief Health Officer, in writing and in accordance
with any requirement prescribed by a law of the Territory:
(a) before practising private midwifery for the first time, of the
midwife's intention to do so; and
(b) on or before 31 May in every year, if the midwife intends to
continue practising private midwifery at any time during the
subsequent financial year.
(4) A midwife must give the Chief Health Officer a written report in
relation to a private midwifery case, prepared in accordance with
any requirement prescribed by a law of the Territory and in any
event not later than 60 days after the end of the case.
Part 2 Adoption of Health Practitioner Regulation National Law
Health Practitioner Regulation (National Uniform Legislation) Act 2010 3
(5) In this section:
Chief Health Officer, see section 4 of the Public and
Environmental Health Act 2011.
midwife, see section 284(5) of the Health Practitioner Regulation
National Law (NT).
private midwifery, see section 284(5) of the Health Practitioner
Regulation National Law (NT).
transition period, see section 284(5) of the Health Practitioner
Regulation National Law (NT).
5 Meaning of generic terms in Health Practitioner Regulation
National Law for purposes of this jurisdiction
(1) In the Health Practitioner Regulation National Law (NT):
court of summary jurisdiction, in relation to the Territory, means
the Local Court of the Northern Territory under the Local Court
Act 2015.
criminal history law, in relation to the Territory, means:
(a) the Criminal Records (Spent Convictions) Act 1992; or
(b) the Anti-Discrimination Act 1992.
health complaints entity, in relation to the Territory, means the
Health and Community Services Complaints Commission
established by the Health and Community Services Complaints
Act 1998.
magistrate, in relation to the Territory, means a Local Court Judge.
this jurisdiction means the Territory.
(1A) In the Health Practitioner Regulation National Law (NT), a reference
to any of the following is a reference to the Legislative Assembly:
(a) the Legislature of this jurisdiction;
(b) the Parliament of this jurisdiction;
(c) a House of the Parliament or each House of the Parliament of
this jurisdiction.
Part 2 Adoption of Health Practitioner Regulation National Law
Health Practitioner Regulation (National Uniform Legislation) Act 2010 4
(2) A reference in the Health Practitioner Regulation National Law (NT)
to the State includes a reference to the Territory.
Example for section 5(2)
See sections 23(3) and 31(3) of the Health Practitioner Regulation National Law
(NT).
6 Responsible tribunal for Health Practitioner Regulation
National Law (NT)
The Tribunal is declared to be a responsible tribunal for the Health
Practitioner Regulation National Law (NT).
6A Application to end, shorten or amend prohibition order
(1) A person who is subject to a prohibition order made by the Tribunal
may apply to the Tribunal for one or more orders under
subsection (3)(b).
(2) An application under subsection (1) may not be made:
(a) earlier than 5 years after the date of the prohibition order; or
(b) while the terms of an order under subsection (4) provide that
an application under this section may not be made in relation
to a prohibition order.
(3) The Tribunal may decide to do any of the following:
(a) dismiss the application;
(b) make any of the following orders:
(i) an order ending the prohibition order;
(ii) an order shortening the period of the prohibition order;
(iii) an order amending the prohibition order.
(4) In addition, the Tribunal may order that the applicant must not make
a further application under this section until after a specified time.
(5) In making a decision under subsection (3) or (4), the Tribunal must
consider the following:
(a) the time elapsed since the prohibition order was made;
(b) any material change in the circumstances of the applicant
since the prohibition order was made;
Part 2 Adoption of Health Practitioner Regulation National Law
Health Practitioner Regulation (National Uniform Legislation) Act 2010 5
(c) any complaint made or notified to a National Board under
Part 8 of the Health Practitioner Regulation National Law (NT)
about the applicant, whether the complaint was made or
notified before or after the prohibition order was made;
(d) any other matter the Tribunal considers appropriate.
(6) A National Board that was a party to the proceedings which led to
the making of the prohibition order is a party to the proceedings
arising from an application under this section.
(7) An application under this section is not an application to review the
decision of the Tribunal to make the prohibition order, or any
findings made in connection with the making of that decision.
(8) Section 131 of the Northern Territory Civil and Administrative
Tribunal Act 2014 does not apply in relation to a proceeding under
this section.
(9) Section 140 of the Northern Territory Civil and Administrative
Tribunal Act 2014 does not apply in relation to a decision of the
Tribunal under this section.
(10) In this section:
prohibition order, see section 5 of the Health Practitioner
Regulation National Law (NT).
6B Appellable decision under Health Practitioner Regulation
National Law (NT)
(1) A person who appeals against an appellable decision under
section 199 of the Health Practitioner Regulation National Law (NT)
must commence the appeal by making an application to the
Tribunal.
(2) In this section:
appellable decision means an appellable decision as defined in
section 199(1) of the Health Practitioner Regulation National Law
(NT).
7 Exclusion of legislation of this jurisdiction
The following Acts of this jurisdiction do not apply to the Health
Practitioner Regulation National Law (NT) or to the instruments
made under that Law:
(a) section 9 and Parts 3 to 8 of the Information Act 2002;
Part 3 Miscellaneous matters
Health Practitioner Regulation (National Uniform Legislation) Act 2010 6
(b) the Interpretation Act 1978;
(c) the Ombudsman Act 2009;
(d) the Public Sector Employment and Management Act 1993.
Part 3 Miscellaneous matters
8 Regulations
The Administrator may make regulations under this Act.
ENDNOTES
Health Practitioner Regulation (National Uniform Legislation) Act 2010 7
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Health Practitioner Regulation (National Uniform Legislation) Act 2010 (Act No. 2, 2010)
Assent date 17 March 2010
Commenced 1 July 2010 (s 2)
Health Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,
2012)
Assent date 22 May 2012
Commenced 1 July 2012 (s 2)
Health Practitioner Regulation (National Uniform Legislation) Act 2014 (Act No. 10,
2014)
Assent date 16 April 2014
Commenced 16 April 2014
Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction
Amendments) (No. 2) Act 2014 (Act No. 35, 2014)
Assent date 13 November 2014
Commenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,
p 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Health Practitioner Regulation (National Uniform Legislation) and Other Legislation
Amendment Act 2018 (Act No. 28, 2018)
Assent date 30 November 2018
Commenced 1 December 2018 (s 2)
ENDNOTES
Health Practitioner Regulation (National Uniform Legislation) Act 2010 8
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4A, 5, 6A and 7.
4 LIST OF AMENDMENTS
s 3 amd No. 28, 2018, s 4
s 4A ins No. 10, 2014, s 3
s 5 amd No. 8, 2016, s 45; No. 28, 2018, s 5
s 6 amd No. 17, 2012, s 51; No. 35, 2014, s 47
sub No. 28, 2018, s 6
ss 6A – 6B ins No. 28, 2018, s 6
pt 4 hdg exp No. 2, 2010, s 12
ss 9 – 12 exp No. 2, 2010, s 12