1Health Practitioners Act 2004

NORTHERN TERRITORY OF AUSTRALIA HEALTH PRACTITIONERS ACT 2004 As in force at 20 November 2020 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Objectives ........................................................................................ 1 4 Definitions ........................................................................................ 1 5 Act binds Crown .............................................................................. 2 Part 2 Pharmacy Premises Committee 18A Establishment .................................................................................. 2 18B Membership ..................................................................................... 3 18C Functions ......................................................................................... 3 18D Powers............................................................................................. 4 18E Policies and guidelines .................................................................... 4 18F Delegation ....................................................................................... 4 18G Registrar .......................................................................................... 4 18H Advisory committee ......................................................................... 4 18J Protection from liability .................................................................... 5 18K Annual report ................................................................................... 5 18L Fees ................................................................................................ 5 Part 3 Tribunal 63 Constitution of Tribunal for matters under the Law .......................... 5 64 Functions of Tribunal ....................................................................... 6 65 Additional notifications ..................................................................... 7 66 Medical examinations ...................................................................... 7 Part 4 Inspectors of Pharmacy Committee 71 Appointment of inspectors ............................................................... 8 72 Powers of inspectors ....................................................................... 8 73 Specific investigative powers ........................................................... 9 Part 8 Offences 106 Offences of dishonesty .................................................................. 11 107 Obstruction .................................................................................... 11 108 Offences relating to requirements of inspector or Tribunal ............ 11 109 Threat and intimidation .................................................................. 12 Health Practitioners Act 2004 ii 110 Failure to comply with orders ......................................................... 12 Part 9 Other matters relating to health practitioners Division 1 Obligations to provide information 112 Protection from liability .................................................................. 12 Division 2 Administrative and legal matters 119 Convicted offenders may be prohibited from carrying on business ........................................................................................ 12 120 Service of documents .................................................................... 14 121 Presumptions................................................................................. 14 122 Commencement of proceedings for offences ................................ 14 124 Evidence of facts found in other proceedings ................................ 14 127 Criminal liability of executive officer of body corporate .................. 15 131 Regulations.................................................................................... 16 Part 11 Transitional matter for pharmacies 144 Pharmacy standards...................................................................... 16 Part 12 Transitional matters for implementation of Health Practitioner Regulation National Law (NT) Division 1 Health Practitioner (National Uniform Legislation) Implementation Act 2010 145 Definitions ...................................................................................... 17 146 Pending complaints ....................................................................... 17 147 Pending matters under Information and Ombudsman Acts ........... 18 148 Principal place of practice .............................................................. 19 Division 2 Health Practitioner (National Uniform Legislation) Implementation Act 2012 149 Definitions ...................................................................................... 19 150 Pending complaints ....................................................................... 20 151 Pending matters under Information and Ombudsman Acts ........... 21 152 Principal place of practice .............................................................. 21 153 Tribunal constituted before commencement day ........................... 22 Health Practitioners Act 2004 iii Part 13 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 154 Definitions ...................................................................................... 22 155 Appellable decision notified before commencement...................... 23 156 Appellable decision made after commencement ........................... 24 157 Appeals and matters before former Tribunal ................................. 24 158 Decision to refer matter to former Tribunal .................................... 24 Part 14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 159 Offences – before and after commencement................................. 25 Schedule 2 Administrative provisions about members of Pharmacy Committee Schedule 3 Meetings of Pharmacy Committee Schedule 7 Pharmacies ENDNOTES NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 20 November 2020 ____________________ HEALTH PRACTITIONERS ACT 2004 An Act to provide for the Pharmacy Premises Committee and Health Professional Review Tribunal, and for other purposes relating to health practitioners Part 1 Preliminary 1 Short title This Act may be cited as the Health Practitioners Act 2004. 2 Commencement This Act comes into operation on the date, or respective dates, fixed by the Administrator by notice in the Gazette. 3 Objectives The objectives of this Act are as follows: (a) to protect and promote the health and safety of the people of the Territory; (b) to promote the highest standard of health care services in the Territory. 4 Definitions In this Act: advisory committee means an advisory committee established under section 18H. business address means the address of the premises at or from which a person practises a health profession. health care service means: (a) a service provided by a health practitioner in practising a health profession for which the health practitioner is registered; or Part 2 Pharmacy Premises Committee Health Practitioners Act 2004 2 (b) any other service connected with the provision of health care. health practitioner means an individual who practises a health profession. health profession means health profession as defined in section 5 of the Health Practitioner Regulation National Law. inspector means a person appointed as an inspector under section 71. National Board means a National Health Practitioner Board established by section 31 of the Health Practitioner Regulation National Law. notification means notification as defined in section 5 of the Health Practitioner Regulation National Law. pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student). Pharmacy Committee means the Pharmacy Premises Committee established by section 18A(1). registered means registered under the Health Practitioner Regulation National Law to practise a health profession. Tribunal means the Civil and Administrative Tribunal. 5 Act binds Crown This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. Part 2 Pharmacy Premises Committee 18A Establishment (1) The Pharmacy Premises Committee is established. (2) The Committee: (a) is a body corporate with perpetual succession; and (b) has a common seal; and Part 2 Pharmacy Premises Committee Health Practitioners Act 2004 3 (c) is capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued. (3) All courts, judges and persons acting judicially must: (a) take judicial notice of the common seal affixed to a document; and (b) presume the seal was properly affixed. 18B Membership (1) The Pharmacy Committee consists of 4 members who are appointed by the Minister. (2) Of the 4 members: (a) 3 must be pharmacists who are able to assist the Committee in performing its functions; and (b) one must be a person who: (i) is not a pharmacist; and (ii) is able to represent the interests of patients and consumers of pharmacy services. (3) Schedule 2 has effect in relation to each member of the Committee. (4) Schedule 3 has effect in relation to meetings of the Committee. 18C Functions (1) The Pharmacy Committee has the following functions: (a) to administer Schedule 7, including, for example: (i) to monitor and investigate compliance with Schedule 7; and (ii) to prosecute offences against Schedule 7; (b) to advise the Minister on matters relating to the administration and enforcement of Schedule 7. (2) In addition, the Committee has the functions imposed on it by this or another Act. Part 2 Pharmacy Premises Committee Health Practitioners Act 2004 4 18D Powers The Pharmacy Committee has power to do all things necessary or convenient to be done in connection with the performance of its functions. 18E Policies and guidelines (1) The Pharmacy Committee may approve a policy or guideline to give practical guidance to pharmacists for complying with Schedule 7. (2) The Committee must publicise the approved policy or guideline in the way it decides (for example, on a website). 18F Delegation The Pharmacy Committee may, in writing, delegate to a person or advisory committee any of its powers and functions under this Act. 18G Registrar (1) The Minister must appoint a person to be the Registrar of the Pharmacy Committee. (2) The Registrar has the powers and functions conferred by or under this Act. (3) The Minister may appoint a person to act as Registrar during: (a) a period, or all periods, when the Registrar is absent from duty or from the Territory; or (b) a vacancy in the office. 18H Advisory committee (1) The Pharmacy Committee may establish an advisory committee to advise it in exercising its powers or performing its functions. (2) The advisory committee consists of persons appointed by the Committee. (3) A member of the Committee may be a member of the advisory committee and may be appointed chairperson of the advisory committee. (4) The advisory committee must keep accurate minutes of its proceedings. (5) The advisory committee may regulate its own proceedings. Part 3 Tribunal Health Practitioners Act 2004 5 18J Protection from liability (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as any of the following: (a) a member of the Pharmacy Committee; (b) a member of an advisory committee; (c) a delegate of the Pharmacy Committee. (2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission. (3) In this section: exercise, of a power, includes the purported exercise of the power. performance, of a function, includes the purported performance of the function. 18K Annual report The Pharmacy Committee must, before 31 December in each year, give the Minister a report on its operations for the preceding financial year. 18L Fees (1) The Minister may, by Gazette notice, determine fees to be paid to the Pharmacy Committee. (2) The Pharmacy Committee may waive the whole or part of a fee determined under subsection (1). Part 3 Tribunal 63 Constitution of Tribunal for matters under the Law (1) For each matter for which the Tribunal has functions under this Act or the Health Practitioner Regulation National Law (NT) (including, for example, a matter referred to it about a registered health practitioner, or an appeal against a decision not to register a person), the Tribunal consists of: (a) a member who is a lawyer with at least 5 years' experience as a legal practitioner; and Part 3 Tribunal Health Practitioners Act 2004 6 (b) a member who: (i) is a registered health practitioner in the health profession to which the matter relates; and (ii) has no conditions or undertakings on his or her registration; and (iii) has skills, knowledge or experience relevant to the matter; and (c) a member who is not engaged in the health profession to which the matter relates, but who is: (i) familiar with the interests of persons dealing with persons engaged in the health profession; or (ii) has knowledge or experience enabling the member to understand those interests. (2) Subsection (1) does not apply in relation to the following: (a) a hearing at which the Tribunal makes a decision other than a final decision; (b) a hearing at which the Tribunal makes a final decision with the consent of the parties; (c) a compulsory conference or mediation under the Northern Territory Civil and Administrative Tribunal Act 2014. (3) In this section: condition has the same meaning as in the Health Practitioner Regulation National Law (NT). registered health practitioner means a person who is registered under the Health Practitioner Regulation National Law (NT) to practise a health profession, other than as a student. undertaking has the same meaning as in the Health Practitioner Regulation National Law (NT). 64 Functions of Tribunal The Tribunal must hear each matter for which it has functions under the Health Practitioner Regulation National Law (NT). Note for section 64 See section 6 of the Health Practitioner Regulation (National Uniform Legislation) Act. Part 3 Tribunal Health Practitioners Act 2004 7 65 Additional notifications (1) The Tribunal may deal with one or more notifications about a health practitioner in its proceedings. (2) If, during proceedings for a notification (the first notification) relating to a health practitioner, the Tribunal considers that an additional notification could have been made about the health practitioner, the Tribunal may: (a) take the additional notification to have been referred to the Tribunal; and (b) deal with the additional notification in the proceedings for the first notification. (3) The Tribunal may deal with the additional notification: (a) instead of, or in addition to, the first notification; and (b) whether or not the additional notification could have been made by the same entity that made the first notification. 66 Medical examinations (1) The Tribunal may, by written notice, require the person who is the subject of a matter for which the Tribunal has functions to have one or more medical examinations at the expense of the National Board for the health profession to which the matter relates. (2) The Tribunal must not require a person to have a medical examination under subsection (1) unless it is reasonable to do so for the proceeding for the matter. (3) A notice under subsection (1) must specify: (a) the name of the health practitioner who is to carry out the medical examination; and (b) the date, time and place of the medical examination. (4) The date, time and place specified for a medical examination must be reasonable. (5) The health practitioner who carries out the medical examination must provide the Tribunal, and the person examined, with a written report of the results of the examination. Part 4 Inspectors of Pharmacy Committee Health Practitioners Act 2004 8 (6) In this section: medical examination includes an examination of the physical, psychological and mental capacities of a person. Part 4 Inspectors of Pharmacy Committee 71 Appointment of inspectors (1) The Pharmacy Committee may appoint a person to be an inspector. (2) The function of an inspector is to investigate matters that are: (a) related to the Pharmacy Committee's functions; and (b) referred to the inspector by the Committee. (3) The Pharmacy Committee must issue each inspector with an identity card that: (a) is in the form approved by the Committee; and (b) contains a recent photograph of the inspector, the inspector's name and the common seal of the Committee. (4) A person must, within 5 days of ceasing to be an inspector, return to the Pharmacy Committee the identity card issued to the person under subsection (3). Maximum penalty: 5 penalty units. 72 Powers of inspectors (1) An inspector may, on producing his or her identity card: (a) enter any premises at any time with the consent of an occupier of those premises or enter any premises where a health care service is provided if that place is open for entry; and (b) exercise all or any of the powers specified in section 73 with the consent of an occupier of those premises. (2) If an inspector considers on reasonable grounds that there is, or is likely to be, on premises a document or thing that is, or is likely to be, relevant to an investigation and that it is not possible or reasonable in the circumstances to rely on the power in subsection (1), the inspector may apply in writing to a justice of the peace for a warrant. Part 4 Inspectors of Pharmacy Committee Health Practitioners Act 2004 9 (3) The justice of the peace may issue a warrant if satisfied that: (a) the document or thing referred to in the application is, or is likely to be, relevant to the inspector's investigation; and (b) there are reasonable grounds for believing that the document or thing is, or is likely to be, on the premises referred to in the application; and (c) it will not be possible or reasonable in the circumstances for the inspector to rely on the power in subsection (1). (4) A warrant may be made subject to any conditions the justice of the peace considers appropriate. (5) A warrant issued under this section authorises the inspector named in the warrant, using any assistance that the inspector considers necessary and subject to the conditions to which it is subject, to enter and search the premises specified in the warrant and exercise any of the powers specified in section 73 that are not expressly excluded by the justice of the peace who issued the warrant. (6) An inspector, when executing a warrant, must permit a person who is an occupier or person in charge of the premises to which the warrant relates to inspect the warrant. (7) A person must not give, agree to give or offer to an inspector a gift, reward or other inducement to do or abstain from doing anything in relation to an investigation. Maximum penalty: 400 penalty units or imprisonment for 2 years. (8) In this section: investigation means an investigation carried out by an inspector under section 71(2). occupier, in relation to premises, means a person in legal occupation of the premises. premises includes a vehicle or vessel. 73 Specific investigative powers (1) Subject to and for the purposes of section 72(1)(b) and (5), an inspector may exercise the following powers: (a) inspect and search the premises generally; Part 4 Inspectors of Pharmacy Committee Health Practitioners Act 2004 10 (b) require the person apparently in charge of the premises to produce for inspection any document held at the premises; (c) inspect and take notes of or extracts from a document referred to in paragraph (b); (d) make a copy of a document referred to in paragraph (b); (e) ask questions of and require answers from persons on the premises; (f) take photographs; (g) open and inspect containers or packages that the inspector reasonably suspects are used for the purpose of, or in connection with, the provision of health care services at the premises; (h) examine or test any equipment held on the premises; (i) require a person registered or claiming to be registered to produce a certificate of registration issued under section 124 of the Health Practitioner Regulation National Law; (j) if the inspector reasonably suspects that this Act has been contravened – seize and, on providing a receipt, remove anything that in the reasonable opinion of the inspector is evidence of the contravention; (k) remove, on providing a receipt, any document found on the premises to the custody and control of the Pharmacy Committee for as long as the Pharmacy Committee considers necessary or expedient. (2) If the Pharmacy Committee is satisfied that for legitimate reasons a person needs access to a document that has been removed from premises to the custody and control of the regulatory body under subsection (1)(k), the Pharmacy Committee may: (a) grant the person reasonable access to the document or to a copy of the document; or (b) provide the person with a copy or certified copy of the document; or (c) retain a copy of the document and return the original to the premises. Part 8 Offences Health Practitioners Act 2004 11 Part 8 Offences 106 Offences of dishonesty (1) A person commits an offence if: (a) the person makes or gives someone a statement (whether orally or in writing); and (b) the person knows the statement contains misleading information; and (c) the statement is made or given in connection with an investigation being carried out by an inspector. Maximum penalty: 100 penalty units or imprisonment for 6 months. (3) In this section: misleading information means information that is misleading in a material particular or because of the omission of a material particular. 107 Obstruction A person must not obstruct, hinder, threaten or intimidate a person exercising a power or performing a function conferred on the person by this Act. Maximum penalty: 500 penalty units. 108 Offences relating to requirements of inspector or Tribunal (1) A person must not, without reasonable excuse, fail to assist an inspector in relation to an investigation being carried out by the inspector. Maximum penalty: 100 penalty units or imprisonment for 6 months. (2) A person may be directed by an inspector to answer a question despite that the answer to the question may tend to incriminate the person. (3) The answer to a question given by a person following a direction under subsection (2) is not admissible in evidence in any other proceedings against the person other than a prosecution for perjury. Part 9 Other matters relating to health practitioners Division 2 Administrative and legal matters Health Practitioners Act 2004 12 109 Threat and intimidation A person must not threaten or intimidate a person who, in good faith, provides information about a health practitioner or anyone else in accordance with this Act. Maximum penalty: 500 penalty units. 110 Failure to comply with orders (1) A person must not fail to leave any proceedings of the Pharmacy Committee when ordered to do so by the Pharmacy Committee. Maximum penalty: 50 penalty units. (3) A person must not, contrary to an order of the Pharmacy Committee, report or otherwise disclose: (a) any proceedings of the Pharmacy Committee; or (b) any information in relation to the proceedings of the Pharmacy Committee. Maximum penalty: 100 penalty units or imprisonment for 6 months. Part 9 Other matters relating to health practitioners Division 1 Obligations to provide information 112 Protection from liability (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in providing the Pharmacy Committee with information. (2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission. Division 2 Administrative and legal matters 119 Convicted offenders may be prohibited from carrying on business (1) The Secretary may, by notice in writing to a person convicted of an offence against this Act, prohibit the person from operating a business that provides health care services. Part 9 Other matters relating to health practitioners Division 2 Administrative and legal matters Health Practitioners Act 2004 13 (2) The prohibition may be expressed to be: (a) for a fixed period (in which case the prohibition remains in force only for the fixed period); or (b) for an unlimited period subject to an entitlement to apply after a specified time for the lifting of the prohibition (in which case the prohibition remains in force until it is lifted). (3) A prohibition may not be imposed under this section unless the Secretary is of the opinion that the person is not a fit and proper person to operate a business that provides health care services. (4) The Secretary is entitled to presume, in the absence of evidence to the contrary, that a person who has been convicted of an offence against this Act on 2 or more occasions in any period of 10 years is not a fit and proper person to operate a business that provides health care services. (5) A prohibition under this section may be limited in its operation in either or both of the following ways: (a) it may be limited to specified premises, but only where the person operates a business that provides health care services at those premises and at other premises; (b) it may be limited to premises within a specified area. (6) If a prohibition under this section is subject to an entitlement to apply after a specified time for the prohibition to be lifted, the application may be made to the Secretary after that time. (7) The Secretary may lift the prohibition or confirm the prohibition and set a further period after which an application for the prohibition to be lifted can be made under subsection (6). (8) A person must not operate a business that provides health care services in contravention of a prohibition under this section. Maximum penalty: 500 penalty units. (9) If health care services are provided on premises on which a business is carried on, it must be presumed for the purposes of subsection (8), unless the contrary is established, that the business provides those health care services. (10) A prohibition under this section has no effect while an appeal is pending against the conviction for the offence on which the prohibition is based. Part 9 Other matters relating to health practitioners Division 2 Administrative and legal matters Health Practitioners Act 2004 14 (11) In this section: Secretary means the Chief Executive Officer of the Agency responsible for the administration of this Act. 120 Service of documents A document required to be delivered to or served on the Pharmacy Committee may be delivered or served by: (a) leaving it at, or sending it by post to, the Committee's address; or (b) sending it by way of facsimile transmission to the Committee's facsimile number; or (c) sending it by electronic mail to the Committee's address. 121 Presumptions In any proceedings, unless evidence is given to the contrary, proof is not required of: (a) the constitution the Pharmacy Committee; or (b) any resolution or decision of the Pharmacy Committee; or (c) the appointment of any member of the Pharmacy Committee; or (d) the presence of a quorum at any meeting of the Pharmacy Committee. 122 Commencement of proceedings for offences A complaint for an offence against this Act may be commenced at any time within 3 years after the date the offence was committed or within 3 years after the date the actions constituting the offence were first discovered. 124 Evidence of facts found in other proceedings A finding of fact relating to the conduct of a health practitioner made by a court or other tribunal in any proceedings to which the health practitioner is a party, whether in the Territory or elsewhere, is evidence of the fact in any proceedings under this Act. Part 9 Other matters relating to health practitioners Division 2 Administrative and legal matters Health Practitioners Act 2004 15 127 Criminal liability of executive officer of body corporate (1) An executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a declared provision (a relevant offence). Maximum penalty: The maximum penalty that may be imposed on an individual for the relevant offence. (2) An offence against subsection (1) is a regulatory offence. (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant: (a) was not in a position to influence the conduct of the body corporate in relation to the contravention; or (b) took reasonable steps to prevent the contravention; or (c) did not know, and could not reasonably have been expected to know, that the contravention would happen. (4) In deciding whether the defendant took (or failed to take) reasonable steps to prevent the contravention, a court must consider the following: (a) any action the defendant took directed towards ensuring the following (to the extent the action is relevant to the contravention): (i) the body corporate arranged regular professional assessments of the body corporate's compliance with the declared provision; (ii) the body corporate implemented any appropriate recommendation arising from an assessment under subparagraph (i); (iii) the body corporate's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the declared provision; (b) any action the defendant took when the defendant became aware that the contravention was, or could be, about to happen. (5) Subsection (4) does not limit the matters the court may consider. (6) This section does not affect the liability of the body corporate. Part 11 Transitional matter for pharmacies Health Practitioners Act 2004 16 (7) This section applies whether or not the body corporate is prosecuted for, or found guilty of, the relevant offence. (8) This section does not apply if the body corporate would have a defence to a prosecution for the relevant offence. (9) In this section: declared provision means: (a) Schedule 7, clause 2(1), 3, 4(1) or (2), 5(1) or (2), 7(1), (2) or (3) or 8(1); or (b) a provision of the Regulations prescribed by regulation. executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate. 131 Regulations The Administrator may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. Part 11 Transitional matter for pharmacies 144 Pharmacy standards (1) The standards prescribed for clause 4 of Schedule 8 and in force immediately before the commencement day are taken to be standards prescribed by the Pharmacy Committee under the clause. (2) In this section: commencement day means the day on which Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2010 commences. Part 12 Transitional matters for implementation of Health Practitioner Regulation National Law (NT) Division 1 Health Practitioner (National Uniform Legislation) Implementation Act 2010 Health Practitioners Act 2004 17 Part 12 Transitional matters for implementation of Health Practitioner Regulation National Law (NT) Division 1 Health Practitioner (National Uniform Legislation) Implementation Act 2010 145 Definitions In this Part: commencement day means the day on which the implementation provisions commence. former Board means a Board that: (a) had been established under this Act for a category of health care practice; and (b) ceased to exist on the commencement day. implementation provisions means Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2010. National Board means a National Board established by the Health Practitioner Regulation National Law (NT). 146 Pending complaints (1) Subsection (2) applies if section 289 of the Health Practitioner Regulation National Law (NT) (the transitional provision) applies in relation to a complaint being dealt with immediately before the commencement day. (2) For applying the transitional provision, this Act is the Act of the participating jurisdiction under which the complaint was made (the notification Act) even though the provision refers to the notification Act being repealed. (3) Subsection (4) applies if, immediately before the commencement day, the Tribunal had not completed an inquiry into a complaint referred to it by a former Board. Part 12 Transitional matters for implementation of Health Practitioner Regulation National Law (NT) Division 1 Health Practitioner (National Uniform Legislation) Implementation Act 2010 Health Practitioners Act 2004 18 (4) The Tribunal must deal with the complaint as the responsible Tribunal under Part 8, Division 12 of the Health Practitioner Regulation National Law (NT): (a) as if: (i) the complaint had been referred to the Tribunal under that Law by a National Board; and (ii) a reference in relation to the former Board in that Law were a reference in relation to the National Board for the health profession for which the former Board had been established; and (b) with any other changes that are necessary or convenient. (5) In this section: complaint includes a matter referred to the Tribunal by a former board under section 62(3) of this Act as in force immediately before the commencement day for an inquiry on the basis that the matter could have been grounds for a complaint. 147 Pending matters under Information and Ombudsman Acts (1) This section applies if, immediately before the commencement day: (a) an application in relation to information made to a former Board under Part 3, Division 2 or 3 of the Information Act 2002 had not been decided; or (b) an application for review of a decision made to a former Board under Part 3, Division 4 of the Information Act 2002 had not been decided; or (c) a complaint made under Part 7 of the Information Act 2002 about a decision made by a former Board had not been determined; or (d) a complaint made under Part 5 of the Ombudsman Act 2009 in relation to an administrative action taken by a former Board had not been finally dealt with under that Act. (2) In addition, this section applies if: (a) a former Board had decided an application under Part 3, Division 2 or 3 or Part 3, Division 4 of the Information Act 2002; and Part 12 Transitional matters for implementation of Health Practitioner Regulation National Law (NT) Division 2 Health Practitioner (National Uniform Legislation) Implementation Act 2012 Health Practitioners Act 2004 19 (b) on the commencement day, the applicant would have been entitled under the Information Act 2002 to apply for a review of the decision, or to make a complaint about the decision, if the implementation provisions had not commenced. (3) The Information Act 2002 or Ombudsman Act 2009 continues to apply in relation to the application, complaint or decision: (a) as if: (i) the implementation provisions had not commenced; and (ii) a reference in relation to the former Board in the Information Act 2002 or Ombudsman Act 2009 were a reference in relation to the National Board for the health profession for which the former Board had been established; and (b) with any other changes that are necessary or convenient. 148 Principal place of practice (1) A health practitioner's business address recorded in a register immediately before the commencement day is taken to be the health practitioner's principal place of practice under the Health Practitioner Regulation National Law (NT). (2) Subsection (1) has effect subject to the health practitioner declaring, under the Health Practitioner Regulation National Law (NT), another place to be the health practitioner's principal place of practice. Division 2 Health Practitioner (National Uniform Legislation) Implementation Act 2012 149 Definitions In this Part: commencement day means the day on which the implementation provisions commence. former Board means the following Boards established under this Act as in force immediately before the commencement day: (a) the Aboriginal Health Workers Board of the Northern Territory; (b) the Occupational Therapists Board of the Northern Territory; Part 12 Transitional matters for implementation of Health Practitioner Regulation National Law (NT) Division 2 Health Practitioner (National Uniform Legislation) Implementation Act 2012 Health Practitioners Act 2004 20 (c) the Radiographers Board of the Northern Territory. implementation provisions means Part 2 of the Health Practitioner (National Uniform Legislation) Implementation Act 2012. National Board means a National Board established by the Health Practitioner Regulation National Law (NT). 150 Pending complaints (1) Subsection (2) applies if section 289 of the Health Practitioner Regulation National Law (NT) (the transitional provision) applies in relation to a complaint being dealt with immediately before the commencement day. (2) For applying the transitional provision, this Act as in force immediately before the commencement day is the Act of the participating jurisdiction under which the complaint was made (the notification Act) even though the provision refers to the notification Act being repealed. (3) Subsection (4) applies if, immediately before the commencement day, the Tribunal had not completed an inquiry into a complaint referred to it by a former Board. (4) The Tribunal must deal with the complaint as the responsible Tribunal under Part 8, Division 12 of the Health Practitioner Regulation National Law (NT): (a) as if: (i) the complaint had been referred to the Tribunal under that Law by a National Board; and (ii) a reference in relation to the former Board in that Law were a reference in relation to the National Board for the health profession for which the former Board had been established; and (b) with any other changes that are necessary or convenient. (5) In this section: complaint includes a matter referred to the Tribunal by a former Board under section 62(3) of this Act as in force immediately before the commencement day for an inquiry on the basis that the matter could have been grounds for a complaint. Part 12 Transitional matters for implementation of Health Practitioner Regulation National Law (NT) Division 2 Health Practitioner (National Uniform Legislation) Implementation Act 2012 Health Practitioners Act 2004 21 151 Pending matters under Information and Ombudsman Acts (1) This section applies if, immediately before the commencement day: (a) an application in relation to information made to a former Board under Part 3, Division 2 or 3 of the Information Act 2002 had not been decided; or (b) an application for review of a decision made to a former Board under Part 3, Division 4 of the Information Act 2002 had not been decided; or (c) a complaint made under Part 7 of the Information Act 2002 about a decision made by a former Board had not been determined; or (d) a complaint made under Part 5 of the Ombudsman Act 2009 in relation to an administrative action taken by a former Board had not been finally dealt with under that Act. (2) In addition, this section applies if: (a) a former Board had decided an application under Part 3, Division 2 or 3 or Part 3, Division 4 of the Information Act 2002; and (b) on the commencement day, the applicant would have been entitled under the Information Act 2002 to apply for a review of the decision, or to make a complaint about the decision, if the implementation provisions had not commenced. (3) The Information Act 2002 or Ombudsman Act 2009 continues to apply in relation to the application, complaint or decision: (a) as if: (i) the implementation provisions had not commenced; and (ii) a reference in relation to the former Board in the Information Act 2002 or Ombudsman Act 2009 were a reference in relation to the National Board for the health profession for which the former Board had been established; and (b) with any other changes that are necessary or convenient. 152 Principal place of practice (1) This section applies to a health practitioner who is registered under this Act as in force immediately before the commencement day. Part 13 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 Health Practitioners Act 2004 22 (2) The health practitioner's business address recorded in a register immediately before the commencement day is taken to be the health practitioner's principal place of practice under the Health Practitioner Regulation National Law (NT). (3) Subsection (1) has effect subject to the health practitioner declaring, under the Health Practitioner Regulation National Law (NT), another place to be the health practitioner's principal place of practice. 153 Tribunal constituted before commencement day (1) This section applies if the Tribunal is constituted under section 6 of the Health Practitioner Regulation (National Uniform Legislation) Act 2010 as in force before the commencement day in relation to a matter. (2) The Tribunal as so constituted is taken to have been constituted under section 63(4) of this Act on and after the commencement day in relation to the matter. Part 13 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 154 Definitions In this Part: appellable decision means an appellable decision as defined in section 199(1) of the Health Practitioner Regulation National Law (NT). commencement means the commencement of Part 10 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014. former legislation means the following as in force immediately before the commencement: (a) this Act; (b) the Health Practitioner Regulation (National Uniform Legislation) Act 2010. Part 13 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 Health Practitioners Act 2004 23 former Tribunal means the Health Professional Review Tribunal as in existence under this Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act 2014. new legislation means the following as in force after the commencement: (a) this Act; (b) the Health Practitioner Regulation (National Uniform Legislation) Act 2010; (c) the Northern Territory Civil and Administrative Tribunal Act 2014. 155 Appellable decision notified before commencement (1) This section applies if: (a) before the commencement, a National Board or a panel had made an appellable decision; and (b) one of the following circumstances applies: (i) immediately before the commencement, the appeal period for the decision had not expired and no proceeding for an appeal had been started; (ii) before the commencement, a proceeding for an appeal had been started but not decided. (2) If the circumstance mentioned in subsection (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of a person to appeal against the decision within the appeal period. (3) The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the appeal regardless of whether the proceeding: (a) was being conducted before the commencement; or (b) is started after the commencement within the appeal period. (4) In this section: appeal period means the period within which a person is entitled to appeal an appellable decision. Part 13 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 Health Practitioners Act 2004 24 156 Appellable decision made after commencement (1) This section applies if: (a) before the commencement, a person or the National Board started the process to initiate the making of an appellable decision by the National Board or panel; and (b) the National Board or panel makes the appellable decision after the commencement. (2) The new legislation applies in relation to: (a) giving notice of the appellable decision; and (b) a person's entitlement to appeal against the appellable decision. 157 Appeals and matters before former Tribunal (1) This section applies if, before the commencement: (a) one of the following circumstances applied: (i) a person had appealed against an appellable decision of the former Tribunal; (ii) the National Board had referred a matter to the former Tribunal under section 193 of the Health Practitioner Regulation National Law (NT). (2) The former Tribunal must continue to deal with the appeal or matter in accordance with the former legislation. 158 Decision to refer matter to former Tribunal (1) This section applies if, before the commencement, the National Board had decided to refer a matter to the former Tribunal under section 193 of the of the Health Practitioner Regulation National Law (NT) but had not done so. (2) The former legislation continues to apply in relation to: (a) the referral of the matter by the National Board to the former Tribunal; and (b) the functions and powers of the former Tribunal in dealing with the matter. Part 14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 Health Practitioners Act 2004 25 Part 14 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015 159 Offences – before and after commencement (1) Section 127, as inserted by the Statute Law Amendment (Directors' Liability) Act 2015, (the new section) applies in relation to a relevant offence committed by a body corporate after the commencement of Part 2, Division 16 of that Act (the commencement) only if: (a) all the conduct constituting the relevant offence occurred after the commencement; and (b) all the conduct of the executive officer constituting the offence against the new section occurred after the commencement. (2) Section 127, as in force before the commencement: (a) continues to apply in relation to offences committed by a body corporate before the commencement; and (b) applies in relation to relevant offences committed by a body corporate after the commencement to which, as a result of subsection (1), the new section does not apply. Schedule 2 Administrative provisions about members of Pharmacy Committee Health Practitioners Act 2004 26 Schedule 2 Administrative provisions about members of Pharmacy Committee section 18B(3) 1. Term of office (1) A person appointed as a member of the Pharmacy Committee holds office for the period, not exceeding 3 years, as is specified by the Minister. (2) A member may serve any number of terms but may not serve more than 2 terms in succession unless approved by the Minister. 2. Vacation of office (1) A member vacates office if the member: (a) resigns; or (b) is removed from office under subclause (2) or (3); or (c) ceases to be qualified for office by virtue of subclause (4). (2) The Minister may remove a member from office if the member: (a) is absent from 3 consecutive meetings of the regulatory body without the permission of the regulatory body; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or (c) is found guilty in the Territory or elsewhere of an offence punishable by imprisonment; or (d) fails, without reasonable excuse, to comply with the member's obligation under Schedule 3, clause 5; or (e) is found guilty of an offence against this Act. (3) The Minister may remove a member from office if satisfied that the member: (a) has acted improperly in the performance of his or her duties as a member; or (b) has disclosed confidential information provided to the member in the course of his or her duties as a member; or Schedule 2 Administrative provisions about members of Pharmacy Committee Health Practitioners Act 2004 27 (c) is unable to competently perform his or her duties as a member. (4) A member who is required to be a pharmacist vacates office if he or she ceases to be registered. 3 Chairperson (1) The Pharmacy Committee must elect one of its members who is a pharmacist to be the Chairperson of the Committee. (2) The Chairperson may, by notice, resign the office. (3) The Chairperson may resign the office but remain a member. 4. Validity of proceedings etc. (1) An act or proceeding of the Pharmacy Committee or of a person acting under the direction of the Pharmacy Committee is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Pharmacy Committee. (2) An act or proceeding of the Pharmacy Committee or of a person acting under the direction of the Pharmacy Committee is valid even if: (a) the appointment of a member of the Pharmacy Committee was defective; or (b) a person appointed as a member of the Pharmacy Committee was disqualified from acting as, or incapable of being, a member. Schedule 3 Meetings of Pharmacy Committee Health Practitioners Act 2004 28 Schedule 3 Meetings of Pharmacy Committee section 18B(4) 1. Convening of meetings A meeting of the Pharmacy Committee may be convened by the Chairperson or by the number of members that constitute a quorum of the Pharmacy Committee. 2. Procedure at meetings (1) The quorum at a meeting of a regulatory body is 3 members of whom 2 must be pharmacists. (2) A duly convened meeting of the Pharmacy Committee at which a quorum is present is competent to transact any business of the Pharmacy Committee. (3) Questions arising at a meeting of the Pharmacy Committee must be determined by a majority of votes of the members present and voting. (4) In the event of an equality of votes on a question arising at a meeting of the Pharmacy Committee, the question stands adjourned until its next meeting. 3. Who presides at meetings (1) The Chairperson must preside at all meetings of the Pharmacy Committee at which the Chairperson is present. (2) If the Chairperson is not present at a meeting of the Pharmacy Committee, a member elected by the members present must preside at the meeting. 4. Minutes The Pharmacy Committee must keep accurate minutes of its meetings. 5. Disclosure of interest (1) If a member has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member's functions in relation to a matter being considered or about to be considered by the Pharmacy Committeeard, the member must disclose the nature of the interest at a meeting of the Pharmacy Committee. Schedule 3 Meetings of Pharmacy Committee Health Practitioners Act 2004 29 (2) A disclosure under subclause (1) must be recorded in the minutes and, unless the Pharmacy Committee (exclusive of the member) determines otherwise, the member must not: (a) be present during any deliberations of the Pharmacy Committee in relation to the matter; or (b) take part in any decision of the Pharmacy Committee in relation to the matter. 6. Meetings to be open to public (1) Except as provided in subclause (2), a meeting of the Pharmacy Committee must be open to the public. (2) The Pharmacy Committee may do either or both of the following at a meeting if it considers that there are compelling grounds to do so: (a) make an order excluding any person from the meeting; (b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the meeting or prohibiting the reporting or other disclosure of particular information in respect of the meeting. (3) Without limiting the range of grounds that may be relevant for the purposes of subclause (2), the Pharmacy Committee may exercise its power under that subclause if: (a) it is dealing with privileged information or information that has been communicated to the Pharmacy Committee in confidence; or (b) it is dealing with information concerning the personal affairs, finances or business arrangements of a person; or (c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a person. (4) A person wishing to attend a meeting of the Pharmacy Committee must notify the Pharmacy Committee not later than 7 days before the date of the meeting. 7. General procedures (1) Subject to this Schedule, the procedure for convening the Pharmacy Committee and conducting its business is as determined by the Pharmacy Committee. Schedule 3 Meetings of Pharmacy Committee Health Practitioners Act 2004 30 (2) The Pharmacy Committee may permit members to participate in a particular meeting by telephone or by other means of communication. (3) A member who is permitted to participate in a meeting under subclause (2) is taken to be present at the meeting. (4) A regulatory body may allow a person to attend a meeting for the purpose of advising or informing it on any matter. 8. Confidentiality Subject to this Act, the Chairperson, a member or a delegate of the Pharmacy Committee must not disclose information obtained in the course of his or her duties as Chairperson, member or delegate unless the disclosure is made in the course of those duties. Maximum penalty: 100 penalty units or imprisonment for 6 months. Schedule 7 Pharmacies Health Practitioners Act 2004 31 Schedule 7 Pharmacies section 18C 1. Definitions In this Schedule: Aboriginal health service means a service that provides health care primarily to Aboriginals. authorised pharmacy business owner means: (a) a pharmacist; or (b) a partnership of which all the partners are pharmacists; or (c) a corporation of which all shareholders and directors are pharmacists. authorised pharmacy service provider means an organisation that operates: (a) an Aboriginal health service; or (b) a pharmacy service that is part of a public hospital; or (c) a pharmacy service that is part of a defence force facility. pharmacy means premises or the part of premises in which a pharmacy business is carried on. pharmacy business means a business that includes the custody of drugs and medicines, the dispensing of medicines on prescription and the supply of scheduled drugs and poisons to consumers by retail. pharmacy department means premises or the part of premises in which a pharmacy service is provided. pharmacy service means a service that includes the custody of drugs and medicines, the dispensing of medicines on prescription and the supply of scheduled drugs and poisons to patients and consumers. 2. Ownership of pharmacy (1) A person must not: (a) own; or Schedule 7 Pharmacies Health Practitioners Act 2004 32 (b) exercise any control over the conduct of; a pharmacy business unless the person: (c) is an authorised pharmacy business owner; or (d) has been granted an exemption under subclause (2). Maximum penalty: If the offender is an individual – 500 penalty units. If the offender is a body corporate – 2 500 penalty units. (2) The Minister may grant an Aboriginal health service or friendly society an exemption from the application of subclause (1). (3) The Minister must not grant an exemption under subclause (2) unless he or she is satisfied that: (a) health services or access to heath services will be improved by granting the exemption; and (b) granting the exemption will meet the needs of the community where the pharmacy business is situated. (4) Subclause (1) does not apply to a person who was the owner of a pharmacy business before 23 February 2005. (5) Subclause (1) does not apply to a person who is: (a) the administrator of the estate of a deceased person to whom that subclause applied; or (b) the administrator of a person to whom that subclause applies who is declared bankrupt; or (c) the administrator of a corporation to which that subclause applies that is in administration. 3. Ownership of pharmacy service A person must not own a pharmacy service unless the person is an authorised pharmacy service provider. Maximum penalty: If the offender is an individual – 500 penalty units. If the offender is a body corporate – 2 500 penalty units. Schedule 7 Pharmacies Health Practitioners Act 2004 33 4. Conduct of pharmacy business and pharmacy service (1) A person must not conduct a pharmacy business from premises unless the premises comply with the standards prescribed by the Pharmacy Committee. Maximum penalty: If the offender is an individual – 500 penalty units. If the offender is a body corporate – 2 500 penalty units. (2) A person must not conduct a pharmacy service from premises unless the premises comply with the standards prescribed by the Pharmacy Committee. Maximum penalty: If the offender is an individual – 500 penalty units. If the offender is a body corporate – 2 500 penalty units. 5. Pharmacy and pharmacy department to be under direct supervision of pharmacist (1) The owner of a pharmacy must ensure that the pharmacy is under the direct supervision of a pharmacist at all times while it is open to the public. Maximum penalty: If the offender is an individual – 500 penalty units. If the offender is a body corporate – 2 500 penalty units. (2) The owner of pharmacy department must ensure that the pharmacy department is under the direct supervision of a pharmacist at all times while it is open to dispense drugs or medicine. Maximum penalty: If the offender is an individual – 500 penalty units. If the offender is a body corporate – 2 500 penalty units. Schedule 7 Pharmacies Health Practitioners Act 2004 34 6. Restriction on entry to pharmacy or pharmacy department (1) A person must not enter or remain in a pharmacy unless he or she is a pharmacist or under the direct supervision of a pharmacist. Maximum penalty: 500 penalty units. (2) A person must not enter or remain in a pharmacy department unless he or she is a pharmacist or under the direct supervision of a pharmacist. Maximum penalty: 500 penalty units. 7. Pharmacist-in-charge (1) An authorised pharmacy business owner must not open the pharmacy business to the public unless the owner has appointed a pharmacist to be the pharmacist-in-charge of the business. Maximum penalty: If the offender is an individual – 500 penalty units. If the offender is a body corporate – 2 500 penalty units. (2) An authorised pharmacy business owner must notify the Pharmacy Committee of an appointment being made under subclause (1) as soon as practicable after it is made. Maximum penalty: If the offender is an individual – 20 penalty units. If the offender is a body corporate – 100 penalty units. (3) An authorised pharmacy service provider must not open the pharmacy department from which the service is provided unless the owner has appointed a pharmacist to be the pharmacist-in-charge of the department. Maximum penalty: If the offender is an individual – 500 penalty units. If the offender is a body corporate – 2 500 penalty units. Schedule 7 Pharmacies Health Practitioners Act 2004 35 (4) An authorised pharmacy service provider must notify the Pharmacy Committee of an appointment being made under subclause (3) as soon as practicable after it is made. Maximum penalty: If the offender is an individual – 20 penalty units. If the offender is a body corporate – 100 penalty units. (5) A pharmacist-in-charge appointed under this clause is responsible for the conduct of the pharmacy business or pharmacy service undertaken at the pharmacy or pharmacy department for which he or she is appointed. (6) An appointment cannot be made under this clause if the effect is that a pharmacist would be appointed pharmacist-in-charge of more than one pharmacy or pharmacy department. 8. Pharmacy superintendent (1) A person who owns more than one pharmacy or pharmacy department must appoint a pharmacist to be the pharmacy superintendent for those pharmacies or pharmacy departments. Maximum penalty: If the offender is an individual – 500 penalty units. If the offender is a body corporate – 2 500 penalty units. (2) A person who makes an appointment under subclause (1) must notify the Pharmacy Committee of the appointment being made as soon as practicable after it is made. Maximum penalty: If the offender is an individual – 20 penalty units. If the offender is a body corporate – 100 penalty units. (3) A pharmacy superintendent appointed under this clause is responsible for the conduct of the pharmacy businesses or pharmacy services undertaken at the pharmacies or pharmacy departments for which he or she is appointed. Schedule 7 Pharmacies Health Practitioners Act 2004 36 9. Pharmacy key holder (1) A person must not have in his or her possession the keys to a pharmacy or pharmacy department unless he or she is a pharmacy key holder for the pharmacy or pharmacy department or authorised by the pharmacy key holder. Maximum penalty: 50 penalty units. (2) A pharmacy key holder for a pharmacy or pharmacy department is: (a) the pharmacist-in-charge of the pharmacy or pharmacy department; or (b) a pharmacist nominated by the pharmacist-in-charge of the pharmacy or pharmacy department as a pharmacy key holder. (3) In this clause: keys includes a device, code and any other mechanism to gain access to a locked pharmacy or pharmacy department. 10. Unauthorised use of certain titles (1) A person must not use the title "pharmacy", "chemist" or "pharmaceutical chemist", or a similar title, either alone or with other words, to describe premises unless those premises are used as a pharmacy. Maximum penalty: 25 penalty units. (2) Subclause (1) does not apply to an authorised pharmacy business owner who conducts a remote agency or depot and who advertises the agency or depot at the premises from which the agency or depot operates. (3) An advertisement referred to in subclause (2) must clearly indicate: (a) that the premises are only an agency or depot; and (b) that a full service is not available at the premises or that a pharmacist is not on duty at the premises. (4) A person must not use the title "pharmacy department" or "pharmacy service", or a similar title, either alone or with other words, to describe premises unless the premises are a pharmacy department. Maximum penalty: 25 penalty units. (5) An offence against this clause is a regulatory offence. Schedule 7 Pharmacies Health Practitioners Act 2004 37 11. Unconscionable conduct A person must not, either directly or indirectly, attempt to influence, coerce or otherwise cause a pharmacist to engage in conduct that contravenes this Act. Maximum penalty: 400 penalty units. ENDNOTES Health Practitioners Act 2004 38 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 Practitioners Act 2004 (Act No. 21, 2004) Assent date 16 April 2004 Commenced s 130 and sch 8: 23 February 2005; rem: 14 May 2004 (Gaz G19, 12 May 2004, p 4 and Gaz G8, 23 February 2005, p 2) Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007) Assent date 17 May 2007 Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3); rem: 17 May 2007 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 2010 (Act No. 18, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (s 2) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Health Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17, 2012) Assent date 22 May 2012 Commenced 1 July 2012 (s 2) ENDNOTES Health Practitioners Act 2004 39 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) Statute Law Revision Act 2014 (Act No. 38, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Statute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015) Assent date 18 September 2015 Commenced 14 October 2015 (Gaz G41, 14 October 2015, p 3) 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) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 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, 63, 147, 151, 153 and 154. 4 LIST OF AMENDMENTS lt amd No. 18, 2010, s 23; No. 17, 2012, s 4 s 3 amd No. 18, 2010, s 23; No. 17, 2012, s 5 s 4 amd No. 18, 2010, s 4 sub No. 17, 2012, s 6 amd No. 35, 2014, s 49 s 6 sub No. 18, 2010, s 5 rep No. 17, 2012, s 7 pt 2 hdg rep No. 17, 2012, s 7 s 7 amd No. 18, 2010, s 6 rep No. 17, 2012, s 7 ss 8 – 9 rep No. 17, 2012, s 7 ss 10 – 11 amd No. 18, 2010, s 23 rep No. 17, 2012, s 7 ss 12 – 18 rep No. 17, 2012, s 7 pt 2A hdg ins No. 18, 2010, s 7 amd No. 17, 2012, s 8 s 18A ins No. 18, 2010, s 7 s 18B ins No. 18, 2010, s 7 sub No. 17, 2012, s 9 s 18C ins No. 18, 2010, s 7 amd No. 38, 2014, s 2; No. 26, 2020, s 3 s 18D ins No. 18, 2010, s 7 ENDNOTES Health Practitioners Act 2004 40 s 18E ins No. 18, 2010, s 7 amd No. 38, 2014, s 2 ss 18F – 18K ins No. 18, 2010, s 7 s 18L ins No. 17, 2012, s 10 pt 3 hdg amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 pt 3 div 1 hdg amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 s 19 sub No. 18, 2010, s 8 rep No. 17, 2012, s 11 pt 3 div 2 hdg amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 s 20 amd No. 18, 2010, ss 9 and 23 rep No. 17, 2012, s 11 s 21 rep No. 17, 2012, s 11 pt 3 div 3 hdg rep No. 17, 2012, s 11 ss 22 – 26 amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 pt 3 div 4 hdg amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 ss 27 – 28 amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 s 29 rep No. 18, 2010, s 10 s 30 amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 pt 3 div 5 hdg rep No. 17, 2012, s 11 ss 31 – 37 rep No. 17, 2012, s 11 pt 3 div 6 hdg rep No. 17, 2012, s 11 s 38 sub No. 18, 2010, s 11 rep No. 17, 2012, s 11 s 39 amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 s 40 amd No. 18, 2010, ss 12 and 23 rep No. 17, 2012, s 11 ss 41 – 42 amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 pt 3 div 7 hdg amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 s 43 rep No. 17, 2012, s 11 s 44 rep No. 18, 2010, s 13 s 45 amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 s 46 rep No. 17, 2012, s 11 ss 47 – 48 amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 s 49 rep No. 17, 2012, s 11 ss 50 – 54 amd No. 18, 2010, s 23 rep No. 17, 2012, s 11 pt 4 hdg sub No. 17, 2012, s 12 pt 3 hdg sub No. 35, 2014, s 50 ENDNOTES Health Practitioners Act 2004 41 pt 3 div 1 hdg rep No. 17, 2012, s 13 s 55 rep No. 17, 2012, s 13 s 56 amd No. 18, 2010, s 23 rep No. 17, 2012, s 13 ss 57 – 60 rep No. 17, 2012, s 13 s 61 amd No. 18, 2010, s 23 rep No. 17, 2012, s 13 s 62 rep No. 17, 2012, s 13 pt 3 div 2 hdg rep No. 17, 2012, s 14 s 63 amd No. 7, 2007, s 16; No. 2, 2010, s 10; No. 18, 2010, s 23; No. 17, 2012, s 15 sub No. 35, 2014, s 50 s 64 amd No. 2, 2010, s 11; No. 17, 2012, s 16 sub No. 35, 2014, s 50 pt 3 div 3 hdg rep No. 17, 2012, s 17 s 65 amd No. 18, 2010, s 23 rep No. 17, 2012, s 17 ins No. 35, 2014, s 50 s 66 rep No. 17, 2012, s 17 ins No. 35, 2014, s 50 s 67 rep No. 17, 2012, s 17 pt 3 div 4 hdg rep No. 17, 2012, s 17 s 68 amd No. 18, 2010, s 23 rep No. 17, 2012, s 17 s 69 rep No. 17, 2012, s 17 s 70 amd No. 18, 2010, s 23 rep No. 17, 2012, s 17 pt 3 div 5 hdg rep No. 17, 2012, s 18 pt 4 hdg ins No. 17, 2012, s 19 s 71 amd No. 18, 2010, s 23; No. 17, 2012, ss 20 and 49 s 72 amd No. 17, 2012, s 49; No. 8, 2016, s 45 s 73 amd No. 18, 2010, s 23; No. 17, 2012, ss 21 and 49 pt 5 hdg rep No. 17, 2012, s 22 ss 74 – 82 rep No. 17, 2012, s 22 pt 6 hdg rep No. 17, 2012, s 22 pt 6 div 1 hdg rep No. 17, 2012, s 22 s 83 amd No. 18, 2010, s 23 rep No. 17, 2012, s 22 s 84 rep No. 17, 2012, s 22 pt 6 div 2 hdg rep No. 17, 2012, s 22 ss 85 – 87 rep No. 17, 2012, s 22 pt 6 div 3 hdg rep No. 17, 2012, s 22 ss 88 – 93 rep No. 17, 2012, s 22 pt 6 div 4 hdg rep No. 17, 2012, s 22 s 94 rep No. 17, 2012, s 22 s 95 amd No. 18, 2010, s 23 rep No. 17, 2012, s 22 ss 96 – 98 rep No. 17, 2012, s 22 pt 7 hdg rep No. 35, 2014, s 51 ENDNOTES Health Practitioners Act 2004 42 s 99 amd No. 18, 2010, ss 14 and 23; No. 17, 2012, s 23 rep No. 35, 2014, s 51 s 100 amd No. 17, 2012, ss 24 and 49 rep No. 35, 2014, s 51 pt 8 div 1 hdg rep No. 17, 2012, s 25 s 101 amd No. 18, 2010, s 23 rep No. 17, 2012, s 25 s 102 rep No. 17, 2012, s 25 s 102A ins No. 18, 2010, s 15 rep No. 17, 2012, s 25 ss 103 – 104 amd No. 18, 2010, s 23 rep No. 17, 2012, s 25 s 105 rep No. 17, 2012, s 25 pt 8 div 2 hdg rep No. 17, 2012, s 26 s 106 amd No. 18, 2010, s 23 sub No. 17, 2012, s 27 amd No. 35, 2014, s 52 s 107 amd No. 17, 2012, s 49 s 108 amd No. 40, 2010, s 118; No. 17, 2012, s 28; No. 35, 2014, s 53 s 109 sub No. 17, 2012, s 29 s 110 amd No. 18, 2010, s 23 sub No. 17, 2012, s 29 amd No. 35, 2014, s 54 s 111 amd No. 18, 2010, s 23 rep No. 17, 2012, s 29 pt 9 hdg amd No. 17, 2012, s 30 s 112 amd No. 18, 2010, s 23 sub No. 17, 2012, s 31 amd No. 35, 2014, s 55 s 113 rep No. 17, 2012, s 31 s 114 amd No. 18, 2010, s 23 rep No. 17, 2012, s 31 ss 115 – 117 rep No. 17, 2012, s 31 s 118 amd No. 18, 2010, s 23 rep No. 17, 2012, s 31 s 119 amd No. 17, 2012, s 49 s 120 amd No. 18, 2010, s 23; No. 17, 2012, ss 32 and 49; No. 35, 2014, s 56 s 121 amd No. 18, 2010, s 23; No. 17, 2012, ss 33 and 49; No. 35, 2014, s 57 s 123 rep No. 17, 2012, s 34 ss 125 – 126 rep No. 17, 2012, s 34 s 127 sub No. 26, 2015, s 56 s 128 amd No. 18, 2010, s 23 rep No. 17, 2012, s 34 s 129 rep No. 17, 2012, s 34 s 130 rep No. 18, 2010, s 16 pt 9 div 3 hdg rep No. 17, 2012, s 34 ss 132 – 133 rep No. 17, 2012, s 34 pt 10 hdg ins No. 18, 2010, s 17 rep No. 17, 2012, s 34 ss 134 – 143 ins No. 18, 2010, s 17 rep No. 17, 2012, s 34 pt 11 hdg ins No. 18, 2010, s 17 s 144 ins No. 18, 2010, s 17 pt 12 hdg ins No. 18, 2010, s 17 ENDNOTES Health Practitioners Act 2004 43 pt 12 div 1 hdg ins No. 17, 2012, s 35 s 145 ins No. 18, 2010, s 17 s 146 ins No. 18, 2010, s 17 amd No. 17, 2012, s 36 s 147 ins No. 18, 2010, s 17 amd No. 17, 2012, s 37 s 148 ins No. 18, 2010, s 17 pt 12 div 2 hdg ins No. 17, 2012, s 38 ss 149 – 151 ins No. 18, 2010, s 17 exp s 151 (as ins No. 18, 2010, s 17) ins No. 17, 2012, s 38 ss 152 – 153 ins No. 17, 2012, s 38 pt 13 hdg ins No. 18, 2010, s 17 sub No. 17, 2012, s 39 exp s 156 (as ins No. 17, 2012, s 39) ins No. 35, 2014, s 58 ss 154 – 156 ins No. 17, 2012, s 39 exp s 156 (as ins No. 17, 2012, s 39) ins No. 35, 2014, s 58 ss 157 – 158 ins No. 35, 2014, s 58 pt 14 hdg ins No. 26, 2015, s 57 s 159 ins No. 26, 2015, s 57 sch 1 amd No. 18, 2010, s 18 rep No. 17, 2012, s 40 sch 2 amd No. 18, 2010, ss 19 and 23; No. 17, 2012, ss 41 and 49; No. 8, 2016, s 45 sch 3 amd No. 18, 2010, ss 20 and 23; No. 17, 2012, ss 42 and 49 sch 4 amd No. 40, 2010, s 118; No. 17, 2012, s 43 rep No. 35, 2014, s 59 sch 5 amd No. 7, 2007, s 16; No. 17, 2012, ss 44 and 49 rep No. 35, 2014, s 59 sch 6 amd No. 17, 2012, s 45 rep No. 35, 2014, s 59 sch 7 sub No. 18, 2010, s 21 rep No. 17, 2012, s 46 sch 8 amd No. 18, 2010, ss 22 and 23; No. 17, 2012, ss 47 and 49 sch 9 – 10 rep No. 17, 2012, s 48