Health Professionals (Special Events Exemptions) Act 2000

The Act pivots on four interlocking legal concepts: the Minister’s special event declaration, the exemption period, the visitor/visiting health professional relationship, and the scope of offence and disciplinary exemptions.

1. Ministerial special event declaration. The Minister holds the discretionary power to declare an event a “special event” where the statutory criterion is met that a significant number of non‑Australian residents will be in the ACT to participate, prepare, train, practise, rehearse or acclimatise for the event (s 5(1)). The declaration must set the exemption period(s) and a notification procedure (s 5(2)-(4)) and is a notifiable instrument (s 5(5)). The Act therefore centralises the switching‑on of the exemption regime in a written Ministerial instrument.

2. Exemption period. The declaration defines one or more exemption periods when this Act’s authorisations and exemptions apply (s 5(2)-(3)). The exemption period may include times before and after the event itself (s 5(3)). The temporal scope is therefore set case‑by‑case by the declaration rather than by fixed temporal rules in the Act.

3. Visitor and visiting health professional. “Visitor” is defined to capture foreign residents here for the event and, subject to an aggregation rule, Australian residents who are members of a majority‑foreign group (s 6). “Visiting health professional” is limited to a person who is a resident of another country, has been notified in accordance with the event’s notification procedure, and is currently engaged to provide services to the visitor (s 7). The requirement that the visiting health professional be a resident of another country is a hard eligibility condition (s 7(a)). The notification requirement is procedural; the person becomes a visiting health professional for a visitor only after the specified notice is given (s 7(b)).

4. Scope of services and limits. “Health care services” is defined in the dictionary as services ordinarily provided by a listed set of professions (doctors, nurses, dentists, dental prosthetists, pharmacists, podiatrists, chiropractors, osteopaths, optometrists, physiotherapists, psychologists) or any other service prescribed by regulation (dictionary). The Act authorises the provision of such services by a visiting health professional to a visitor during the exemption period (s 8(1)-(2)). However, the Act explicitly does not authorise possession or supply of a prohibited substance as defined in the Medicines, Poisons and Therapeutic Goods Act 2008 (s 8(3)).

5. Prescriptions and supplies. A visiting health professional may be authorised to issue written prescriptions for prescription medicines, but only if the prescription could be issued by an authorised person under the Medicines, Poisons and Therapeutic Goods Act 2008 (s 10(1)-(2)). The Minister may authorise specified visiting health professionals and suppliers in the special event declaration, but must be satisfied adequate arrangements exist to ensure prescriptions and supplies are directed only at authorised visitors (s 10(3)-(4)).

6. Offence and complaint exemptions. The Act provides statutory exemptions so that, in specified circumstances, visiting health professionals and visitors do not commit offences under the Health Practitioner Regulation National Law (ACT), the Medicines, Poisons and Therapeutic Goods Act 2008, or Public Health Act 1997 part 3, nor are they subject to complaints or disciplinary action under the Health Practitioner Regulation National Law (ACT) or the Human Rights Commission Act 2005 for acts done under this Act (s 11(1)-(3); s 12(1)). The Act, however, preserves the availability of proceedings for offences under those Acts (s 12(2)).

7. Regulatory overlay. Regulations may impose practice conditions for visiting health professionals (s 9), prescribe other offences to which the s 11 exemptions apply (s 11(4)), and provide for offences for contravening regulations with maximum penalties up to 10 penalty units (s 13(2)). The dictionary signposts definitions to the Medicines, Poisons and Therapeutic Goods Act 2008 and adopts common statutory interpretations, for example that “registered” includes “licensed and enrolled” (dictionary).

These concepts operate together to allow temporary, conditional practice by overseas practitioners, subject to Ministerial authorisation and prescribed safeguards in regulations and declarations.

The Act affects multiple distinct groups in definable ways under the Act’s terms: visiting health professionals, visitors to declared special events, suppliers of prescription medicines, the professional regulators who ordinarily exercise complaint and disciplinary functions, the Minister and Executive responsible for declarations and regulations, and third parties with statutory enforcement roles.

• Visiting health professionals. The primary regulated group is persons who are residents of another country who will provide health care services to visitors at a declared special event. To attract the Act’s authorisation a person must be a resident of another country, be the subject of notice under the event’s notification procedure and be currently appointed, employed, contracted or otherwise engaged to provide services to a visitor (s 7(a)-(c)). The Act exempts such persons from committing offences under certain Territory Acts when they act within the Act’s authorisations (s 11(1)). The exemption ceases if the practitioner does not comply with conditions imposed by regulations or the special event declaration (s 8(2)(b)). Visiting health professionals are not authorised to possess or supply prohibited substances as defined in the Medicines, Poisons and Therapeutic Goods Act 2008 (s 8(3)).

• Visitors to special events. Visitors are individuals who are foreign residents in the ACT for the event or Australian residents who are part of a majority‑foreign group here for the event (s 6). Visitors who receive care from visiting health professionals are protected by s 11(2) insofar as they will not commit offences under the Medicines, Poisons and Therapeutic Goods Act 2008 merely because they were provided with health care services in accordance with this Act.

• Suppliers of prescription medicines. Suppliers are persons authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 to supply medicines. The Minister may authorise a supplier in the special event declaration to supply prescription medicines on prescriptions issued by authorised visiting health professionals (s 10(3)(b)). Where a person supplies in accordance with such a prescription and authorisation, the supplier does not commit an offence under the Medicines, Poisons and Therapeutic Goods Act 2008 (s 11(3)).

• Territory regulators and complaint bodies. The Act materially limits the exercise of complaint and disciplinary mechanisms. Section 12(1) bars making a complaint about or instituting disciplinary action against a visiting health professional under the Health Practitioner Regulation National Law (ACT) or the Human Rights Commission Act 2005 in respect of actions done under this Act. Section 11(1) also provides statutory non‑application of specified offences for acts done under the Act. However, s 12(2) preserves the bringing of proceedings for offences against those Acts, which indicates that civil disciplinary complaints and human rights complaints are curtailed but the criminal or prosecutorial avenues are not removed by this Act.

• The Minister and Executive. The Minister acts as gatekeeper for the regime: the Minister declares special events, sets exemption periods and notification procedures, and may authorise prescription authority and suppliers in declarations (s 5; s 10(3)). The Executive may make regulations, including practice conditions and offences subject to penalty unit limits (s 9; s 13).

• Local health professionals and health services. While the Act does not alter the registration rules for local practitioners, it creates a short‑term exception permitting overseas practitioners to provide services to visitors. The Act therefore alters the competitive and operational environment for health services during the exemption period because overseas practitioners can lawfully provide services without local registration where they meet the Act’s conditions.

The Act’s definitional scope is important for operational clarity. “Health care services” is defined to include services ordinarily provided by a listed set of professions and any other service prescribed by regulation (dictionary). “Registered” is defined to include “licensed and enrolled” (dictionary), meaning the exemption operates in place of those status requirements for the authorised activity.

The Act sets out a compact of duties and rights allocated primarily to the Minister, visiting health professionals, event organisers (implicitly through notification), suppliers, and regulators. These are statutory rights to practise in defined circumstances and duties to comply with procedural and substantive conditions.

• Ministerial duties and discretions. The Minister has a discretionary statutory power to declare events special when satisfied that a significant number of persons from outside Australia will be in the ACT for event purposes (s 5(1)). The declaration must specify the exemption period(s) and a notification procedure (s 5(2)-(4)). The Minister also has power to authorise, within a special event declaration, visiting health professionals to issue prescriptions and to authorise suppliers to supply prescription medicines on those prescriptions (s 10(3)). Before doing so the Minister must be satisfied adequate arrangements exist to ensure the prescription medicines will be prescribed and supplied only for authorised visitors (s 10(4)). The Minister may include conditions on authorisations (s 10(5)). The Act does not impose a statutory consultation duty on the Minister in the declaration process; the primary textual obligation is the specification of period(s) and notification procedure and adherence to the satisfaction thresholds.

• Visiting health professionals’ rights. Where the statutory conditions are satisfied, a visiting health professional has the explicit right to provide health care services to an authorised visitor during the exemption period (s 8(1)). Subject to s 10, a visiting health professional may be authorised to issue written prescriptions for prescription medicines in the course of providing services (s 10(1)-(3)). A visiting health professional who acts in accordance with the Act and the conditions does not commit certain offences under specified Territory legislation and may hold themselves out as able to provide the authorised services and use their usual professional titles and credentials for that purpose (s 11(1)(d)-(e), s 11(1)). However, the Act also conditions that authorisation on compliance with any conditions imposed under the regulations or the special event declaration; failure to comply causes the authorisation to cease to apply (s 8(2)).

• Notification and engagement duties. The Act requires notice to be given in accordance with the special event’s notification procedure before a person is a visiting health professional for a visitor (s 7(b)). A visiting health professional must be currently appointed, employed, contracted or otherwise engaged to provide services to the visitor (s 7(c)). The special event declaration must specify the notification procedure (s 5(4)). The Act contemplates further notifications if a visiting health professional wishes to provide services to additional visitors (s 7 note).

• Supplier duties and rights. A supplier of prescription medicines must be authorised under the Medicines, Poisons and Therapeutic Goods Act 2008 to supply the medicine. The Minister may authorise a supplier in the special event declaration to supply prescription medicines on prescriptions from authorised visiting health professionals (s 10(3)(b)). If the supplier acts in accordance with a valid s 10 authorisation and a valid prescription issued under the Act, s 11(3) removes criminal liability under the Medicines, Poisons and Therapeutic Goods Act 2008 for the supply. The dictionary defines “supply” by signpost to the Medicines, Poisons and Therapeutic Goods Act 2008, s 24, hence that Act’s supply definitions and conditions apply.

• Regulator duties and investigative limits. The Act removes the ability to make complaints or commence disciplinary action under the Health Practitioner Regulation National Law (ACT) or the Human Rights Commission Act 2005 in relation to acts done under this Act (s 12(1)). This is a statutory restriction on regulatory bodies’ normal complaint processes for the acts specified. The Act nonetheless preserves the bringing of proceedings for offences against those Acts (s 12(2)), signalling that criminal or prosecutorial remedies remain available.

• Rights and limits for visitors. A visitor who receives care pursuant to this Act does not commit an offence under the Medicines, Poisons and Therapeutic Goods Act 2008 by doing anything or possessing a prescription medicine because of being provided health care services under this Act (s 11(2)). This means the visitor is shielded from certain contravention liabilities arising from lawful provision of services under the Act.

In sum, the Act confers a statutory right to practise in specified short‑term circumstances and creates corresponding procedural duties of notification and compliance with conditions. It also reallocates regulatory enforcement levers during the exemption period by confining complaint and disciplinary avenues while retaining the prospect of criminal proceedings.

The Act itself contains limited direct criminal sanctions. The primary enforcement architecture is: exemption from certain offences for acts done in accordance with the Act (s 11), an express bar on complaints and disciplinary actions for those acts (s 12(1)), and an empowerment of the Executive to create regulatory offences with modest maximum penalties (s 13).

• Exemptions from offences. Section 11(1) provides that a visiting health professional does not commit an offence against the Health Practitioner Regulation National Law (ACT), the Medicines, Poisons and Therapeutic Goods Act 2008 or the Public Health Act 1997, part 3, by providing services authorised under this Act, by possessing or supplying a prescription medicine in the course of providing services, by prescribing a prescription medicine in accordance with this Act, by holding themselves out as able to provide the services, or by using their usual professional name or title. Section 11(2) extends a similar protection to visitors who are provided with services under this Act in relation to the Medicines, Poisons and Therapeutic Goods Act 2008. Section 11(3) provides that a supplier does not commit an offence under the Medicines, Poisons and Therapeutic Goods Act 2008 where they supply a prescription medicine in accordance with a written prescription issued by a visiting health professional authorised under this Act and the supplier is authorised under this Act to supply the medicine on that prescription.

• Regulatory offences under regulations. The Executive may make regulations for the Act and prescribe offences for contraventions of the regulations with maximum penalties of not more than 10 penalty units (s 13(1)-(2)). The preface to the republication provides the penalty unit values at the republication date: $160 for an individual and $810 for a corporation under the Legislation Act 2001, s 133. That means the maximum monetary penalty under the regulations could be up to $1,600 per offence for an individual and up to $8,100 per offence for a corporation at the stated penalty unit value, subject to future adjustments in the penalty unit value.

• Ceasing of authorisation on non‑compliance. The authorisation to provide services under s 8 ceases to apply if the visiting health professional does not comply with conditions imposed under the Act (s 8(2)(b)). That cessation exposes the person to ordinary regulatory liabilities under the relevant Territory Acts for any subsequent conduct outside the Act’s authorisation.

• Criminal proceedings and disciplinary limits. Section 12(1) prevents a complaint being made or disciplinary action taken under the Health Practitioner Regulation National Law (ACT) or the Human Rights Commission Act 2005 in relation to acts done under this Act. However, s 12(2) clarifies that this does not prevent the bringing of proceedings for an offence against the Health Practitioner Regulation National Law (ACT) or the Human Rights Commission Act 2005. The Act therefore draws a line between complaint/disciplinary processes and prosecutorial action: civil disciplinary complaints are curtailed for authorised activity, but criminal prosecution or other formal proceedings under those Acts are not removed by s 12.

• Ministerial satisfaction thresholds and conditions. The Minister must be satisfied that adequate arrangements are in place before authorising prescriptions and supply under s 10(4). The Minister and regulations can also impose conditions on authorisations that, if breached, remove authorisation and re‑expose practitioners to enforcement (s 10(5); s 9; s 8(2)(b)).

• Notifiable instrument and transparency. A special event declaration is a notifiable instrument (s 5(5)). Notifiable instruments must be notified under the Legislation Act. That creates a public legal record of the declaration, its exemption periods and the notification procedure, which is relevant to enforcement and compliance monitoring.

In practice, enforcement will be a combination of: (a) preventing unlicensed or unauthorised conduct by ensuring notification and Ministerial authorisation; (b) regulatory offences created under delegated regulations of limited monetary severity; and (c) reprisal through removal of statutory exemptions where conditions are breached, followed by potential prosecution under the ordinary Territory Acts. The Act does not create high monetary penalties directly in primary legislation; instead it relies on regulation and the removal of the exemption as enforcement levers.

The Act is explicitly designed as an overlay to interact with several Territory statutes and the national registration law. It integrates with the Health Practitioner Regulation National Law (ACT), the Medicines, Poisons and Therapeutic Goods Act 2008, the Public Health Act 1997, and the Legislation Act 2001 by signpost and by express non‑application.

• Health Practitioner Regulation National Law (ACT). The Act creates an exemption so that a visiting health professional who provides services authorised under this Act does not commit an offence under the National Law (s 11(1)(a)). It also prevents complaints and disciplinary actions under the National Law for acts done under this Act (s 12(1)). These provisions therefore operate to displace the National Law’s usual registration and complaint framework for specified short‑term practice by eligible overseas practitioners, but s 12(2) preserves the bringing of proceedings for offences against the National Law.

• Medicines, Poisons and Therapeutic Goods Act 2008. The Act is carefully cross‑referenced to the Medicines Act. The dictionary signposts the term “supply” to the Medicines, Poisons and Therapeutic Goods Act 2008, s 24, meaning that the Medicines Act’s supply definitions apply (dictionary). Section 8(3) establishes a limit by stating the Act does not authorise possession or supply of a prohibited substance within the meaning of the Medicines Act. Section 10 sets out an authorisation route whereby the Minister may authorise visiting health professionals to issue prescriptions and suppliers to supply if those authorisations comport with the Medicines Act’s licensing/qualification norms (s 10(2)-(4)). Section 11(2) and (3) provide specific non‑application and protection from offences in the Medicines Act where prescriptions and supplies are properly authorised under this Act.

• Public Health Act 1997. Section 11(1) lists the Public Health Act 1997, part 3 among the Territory Acts from which a visiting health professional will not commit an offence by acting in accordance with this Act. That indicates the exemption extends to certain public health regulatory offences provided the activity is within the Act’s authorisation.

• Human Rights Commission Act 2005. The Act bars complaints under the Human Rights Commission Act 2005 relating to acts covered by this Act (s 12(1)), thus narrowing the scope for human rights complaints about visiting practitioners for acts done under this Act. However, s 12(2) preserves the right to bring proceedings for offences against the Human Rights Commission Act if applicable.

• Legislation Act 2001. The Act makes a special event declaration a notifiable instrument (s 5(5)). That ties the declaration to the Legislation Act’s requirements for notification and presentation. The dictionary also references definitions contained in the Legislation Act and other Territory statutes.

• Regulations under this Act. The regulations for this Act may prescribe conditions on practice (s 9), prescribe other offences to which the s 11 exemptions apply (s 11(4)) and create offences for contravening regulations subject to a limit of 10 penalty units (s 13(2)). Thus, the Act anticipates that the details of permitted services, additional excluded offences, and practitioner obligations may be fleshed out in subordinate instruments, which will themselves interact with the primary statutes mentioned above.

Operationally, the Act functions as a carve‑out mechanism that operates alongside and temporarily disapplies or modifies the application of specific provisions of other laws for the narrow purposes and time periods specified in a Ministerial declaration. The Act’s cross‑references and signposts to other Territory Acts ensure that ordinary thresholds for prescribing and supply (Medicines Act) still govern in substance, while the Ministerial authorisation and notification mechanism creates a pathway to reconcile short‑term overseas practice with local legislative requirements.

The legislation history and amendment history are recorded in the republished law endnotes and show that the Health Professionals (Special Events Exemptions) Act 2000 has been amended multiple times since its original notification on 15 June 2000. The republished law is in force as at 26 November 2025 and includes amendments up to the Health Legislation Amendment Act 2025 (No 2) A2025-33, part 3, which commenced 26 November 2025 (endnotes 3 and 4).

Key amendment milestones and their textual impacts, drawn from the endnotes, are:

• 2001 Legislation (Consequential Amendments) Act 2001 A2001‑44: amendments to s 5 and related provisions (see endnote 3; amendment history notes s 5 am A2001‑44 amdt 1.2033-1.2035).

• Early 2000s statute law amendments: Statute Law Amendment Act 2002 (No 2) A2002‑49 and Statute Law Amendment Act 2003 (No 2) A2003‑56 introduced editorial and definitional relocations, moving definitions into the dictionary (endnotes 3 and 4; multiple relocations and insertions noted).

• 2004-2006 health legislation amendments: Health Professionals Legislation Amendment Act 2004 A2004‑39 and subsequent Human Rights Commission Legislation Amendment Acts (A2005‑41; A2006‑3) added Part structure, new headings, and amendments to s 11 and s 12 among other changes (endnote 3; amendment history shows a range of insertions and substitutions).

• 2008 Medicines, Poisons and Therapeutic Goods Act 2008 A2008‑26: substantive substitution and definition changes aligning the Act with the Territory’s medicines regime, including a substantive rewrite of s 8, s 10 and s 11 to incorporate signposts to the Medicines Act definitions and to refine prescription and supply provisions (endnotes 3 and 4; s 8 am A2008‑26 amdt 2.107; s 10 sub A2008‑26 amdt 2.108; s 11 sub A2008‑26 amdt 2.108).

• 2010 Health Practitioner Regulation National Law (ACT) Act 2010 A2010‑10: amendments to s 11 and s 12 to reflect the adoption of the national registration scheme under the National Law (endnotes 3 and 4; s 11 am A2010‑10 amdt 2.52; s 12 am A2010‑10 amdt 2.53).

• 2015 Veterinary Surgeons Act 2015 A2015‑29: made consequential amendments to the Act, including to s 11 and s 12, expanding or clarifying the list of professions and interaction points (endnotes 3 and 4; s 11 am A2015‑29 amdt 2.37; s 12 am A2015‑29 amdt 2.38, amdt 2.39).

• 2025 Health Legislation Amendment Act 2025 (No 2) A2025‑33: the latest amendment recorded in the republished law, with part 3 commencing 26 November 2025 (endnote 3). The amendment history notes s 11 was amended by A2025‑33 s 6.

The amendment history shows repeated alignment with developments in Territory medicines regulation and with the shift to the Health Practitioner Regulation National Law. Many definitional and structural changes have been effected by moving definitions into a dictionary and by editorial changes. The Act has thus been maintained to remain consistent with the Territory’s broader health regulatory architecture, particularly the Medicines, Poisons and Therapeutic Goods Act 2008 and the National Law.

Those consulting the Act for operational purposes should check the specific amending instruments listed in endnote 3 and the republished dictionary entries to confirm the current legal text, because the Act’s interactions and definitions were frequently updated in response to Territory statutory reforms.

The republished Act and its endnotes do not record any judicial decisions or named cases interpreting the Health Professionals (Special Events Exemptions) Act 2000. The endnotes provide an extensive legislation and amendment history (endnotes 3 and 4) but contain no litigation annotations. Consequently, there is no statutoryly recorded case law cited within this republication to show how courts or tribunals have interpreted the Act’s provisions.

Given the Act’s subject matter , temporary exemptions for overseas practitioners for special events , disputes that might arise would plausibly concern the scope of Ministerial discretion, the adequacy of notification procedures, or the application of offence exemptions. However, the Act as republished does not include a reported litigation history or mention judicial consideration. Practitioners seeking authoritative interpretation should therefore:

• Check contemporary case law databases for any decisions post‑dating the republication date that may engage s 5 ministerial discretion, s 10 prescription authorisations, or s 11/12 non‑application and complaint limitations.

• Consider potential review avenues under administrative law if a Ministerial decision is challenged on grounds such as jurisdictional error or failure to comply with statutory requirements, recognising that s 5 imposes satisfaction standards that may be reviewable within ordinary public law limits.

• Note that s 5 declarations are not disallowable instruments in the text but are notifiable instruments; the Legislation Act’s procedural and review provisions relating to notifiable instruments should be checked in practice.

In short, the republication contains no litigation history entries. Legal advisers should search external case law resources for decisions applying or construing the Act if precedents are needed for litigation or advice.

Several provisions create operational traps and important drafting nuances that parties must observe closely.

1. Visiting health professional must be a resident of another country. Section 7(a) requires that a visiting health professional be a resident of another country. That is a strict eligibility condition. An Australian resident, even if in the ACT only temporarily, is not a “visiting health professional” under s 7. This interacts with the visitor definition in s 6(b) which permits Australian residents to be visitors if they are members of a majority‑foreign group, but the practitioner who treats them must still be a foreign resident. Failure to observe this nationality/residency requirement will mean no statutory authorisation applies to the practitioner.

2. Notification procedure is mandatory and determinative. A person becomes a visiting health professional for a visitor only if notice has been given in accordance with the special event’s notification procedure (s 7(b)). The special event declaration must specify a notification procedure (s 5(4)). Absent compliance with that procedure, the statutory authorisation in s 8 will not be available. The Act’s note confirms further notifications are required before providing services to other visitors. Operational failure to notify correctly will remove the statutory shield.

3. Authorisation ceases on non‑compliance. The Act explicitly states the authorisation to provide services ceases to apply if the health professional does not comply with conditions imposed under the Act (s 8(2)(b)). “Conditions” may be imposed by regulation or the special event declaration (s 9). Practitioners must be vigilant about complying with both regulatory and declaration‑specific conditions because loss of the exemption will expose them to ordinary offence provisions under the National Law and medicines legislation.

4. Prescription authorisation is conditional and limited. The Minister may authorise prescription issuing and supplier supply under s 10, but only where the prescription could have been issued by an authorised person under the Medicines Act (s 10(2)) and where the Minister is satisfied adequate arrangements exist to ensure medicines will be prescribed and supplied only for authorised visitors (s 10(4)). The Minister’s satisfaction is a precondition and the declaration may further limit authority. A practitioner cannot rely on a generic understanding that they may prescribe; explicit declaration authorisation and compliance with the Medicines Act standards are necessary.

5. Exemptions do not cover prohibited substances. Section 8(3) disallows the Act authorising possession or supply of a prohibited substance as defined in the Medicines Act. The definition of “prescription medicine” is also in the dictionary by signpost to the Medicines Act. Practitioners and suppliers must therefore observe the Medicines Act’s controlled and prohibited lists; the special event regime does not override those substantive prohibitions.

6. Complaint and disciplinary action barred but proceedings preserved. Section 12(1) bars complaints and disciplinary action under the Health Practitioner Regulation National Law (ACT) and the Human Rights Commission Act 2005 in relation to acts done under the Act. However, s 12(2) expressly states this does not prevent bringing proceedings for an offence against those Acts. The practical effect is that civil complaint channels are constrained while prosecutorial criminal law avenues remain. Parties should note the difference and not assume complete immunity from all legal accountability.

7. Ministerial discretion is substantial and subjective. The test for a special event is the Minister being “satisfied” that a significant number of persons from outside Australia will come to the ACT for event purposes (s 5(1)). The Act does not prescribe objective metrics or required consultations for that satisfaction. That confers substantial administrative discretion which may raise legal risks for parties relying on a declaration being made or withheld.

8. Reliance on notifiable instrument publication. The special event declaration is a notifiable instrument (s 5(5)). Parties must monitor the Legislation Act notifications to confirm the details of exemption periods and notification procedures. Failure to consult the declared instrument may lead to non‑compliance with the notification procedure or misconception about the scope of authorised conduct.

9. Regulations can prescribe additional offences and conditions. The regulations are a likely vehicle for operational detail and may create offences with monetary penalties. The Act anticipates subordinate law will fill out the regime (s 9; s 13). Practitioners must check both the Act and relevant regulations and any event‑specific declaration. Regulatory offences are capped at 10 penalty units (s 13(2)), but that still amounts to material fines given the stated penalty unit values at republication.

10. Limited visibility of case law. The republished Act does not include litigation history. In areas where Ministerial discretion or prescription authorisation are contested, there may be limited local precedent, increasing legal uncertainty.

Each of these points has concrete statutory support in the cited provisions. Parties planning to rely on the regime should therefore treat the Act as a narrow, conditional carve‑out rather than a broad licence to practise in the ACT.

Compliance requires coordinated action by the event organiser, visiting health professionals, suppliers and the host jurisdiction. The following practical checklist is derived directly from the Act’s operative text and the dictionary signposts.

1. Confirm a valid special event declaration exists. Before any practice occurs, confirm the Minister has made a special event declaration for the relevant event and that the declaration is current and a notifiable instrument (s 5(1), s 5(5)). Obtain and review the declaration to identify the specified exemption period(s) and the notification procedure (s 5(2)-(4)).

2. Observe the exemption period. Ensure that all practice by visiting health professionals occurs only during the exemption period(s) specified in the declaration. The Act’s authorisation only applies during the exemption period (s 8(2)(a)).

3. Follow the notification procedure exactly. Provide notice in strict accordance with the declared notification procedure before a person purports to act as a visiting health professional for a visitor (s 5(4); s 7(b)). If a visiting health professional intends to treat other visitors, provide any further notifications required by the procedure (s 7 note).

4. Verify visiting health professional eligibility. Confirm the practitioner is a resident of another country (s 7(a)); confirm they are currently appointed, employed, contracted or otherwise engaged to provide services to the named visitor(s) (s 7(c)). The engagement must exist at the time of the notice and during provision of services.

5. Check scope of permitted services. Ensure the services to be provided fall within the Act’s definition of “health care services” (dictionary). If the intended service is not explicitly listed, check whether the service has been prescribed by regulation.

6. Comply with conditions in regulations and declaration. Review applicable regulations and the special event declaration for any conditions on practice and comply with them. Non‑compliance causes the exemption to cease to apply (s 8(2)(b)). Conditions may include record‑keeping, insurance, scopes of practice and boundaries on practice.

7. Prescriptions and supplies , obtain Ministerial authorisation and supplier authorisation where required. Do not assume prescription authority exists. If prescriptions are to be issued, ensure the Minister has authorised the visiting health professional in the special event declaration and that the prescription could lawfully be issued by an authorised person under the Medicines, Poisons and Therapeutic Goods Act 2008 (s 10(1)-(3)). Ensure suppliers named in the declaration are authorised to supply the medicine and that the Minister is satisfied arrangements exist to ensure medicines are prescribed and supplied only for authorised visitors (s 10(3)-(4)).

8. Avoid prohibited substances. Do not possess or supply prohibited substances within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008. The Act does not authorise possession or supply of such substances (s 8(3)).

9. Maintain documentary proof. Keep copies of the special event declaration, notifications given, contracts or engagement documents showing current appointment/employment/contract, written prescriptions (where authorised) and supplier authorisations. The notifiable instrument requirement ensures declarations are public, but the notification and engagement proof is the practitioner’s operational evidentiary record.

10. Insurance and professional standards. While the Act dispenses with registration requirements for the authorised activity, visiting health professionals should secure appropriate professional indemnity cover to cover exposure arising from clinical care. The Act does not itself mandate insurance; however, the risk of post‑exemption liability remains if the authorisation ceases or for acts outside the scope of the Act.

11. Understand complaint and criminal exposure. Be aware that s 12(1) prevents complaints and disciplinary action under the Health Practitioner Regulation National Law (ACT) and Human Rights Commission Act 2005 for actions done under the Act, but s 12(2) preserves the bringing of proceedings for offences under those Acts. This means that compliance with the Act does not create blanket immunity from criminal or prosecutorial consequences for misconduct.

12. Monitor regulations. Check for regulations made under the Act that prescribe further offences, conditions or scope of “health care services” (s 9; s 11(4); s 13). Regulatory instruments may impose new procedural or substantive obligations, and may create monetary offences (s 13(2)).

13. Liaise with ACT authorities. Event organisers should liaise with the ACT Minister’s office or the relevant health authority to confirm the notification procedure, the content of any Ministerial authorisations for prescription and supply, and any event‑specific conditions. The Act centralises key decisions with the Minister and the regulations, and early engagement reduces the risk of late‑stage non‑compliance.

14. Check overlapping jurisdictional rules. If services interact with Commonwealth laws or other State or Territory regulatory regimes (for example, in relation to controlled substances or cross‑border telehealth), verify those obligations remain satisfied. The Act operates within the ACT statutory framework and signposts to the Medicines Act; it does not displace Commonwealth offences or foreign regulatory requirements that may remain in force.

This compliance checklist intends to map each statutory requirement into operational steps that are directly traceable to the Act’s provisions. The practical risk for non‑compliance is loss of the statutory exemption and exposure to ordinary regulatory and criminal liabilities under the National Law and the Medicines Act.