Health Practitioner Regulation National Law Act 2009

An Act providing for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners

1Short title

This Act may be cited as the Health Practitioner Regulation National Law Act 2009.

2Commencement

This Act, other than part 4, commences on 1 July 2010.

3Definitions

(1)For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Health Practitioner Regulation National Law set out in the schedule.

(2)In the local application provisions of this Act—

health ombudsman means the health ombudsman under the Health Ombudsman Act 2013.

Health Practitioner Regulation National Law (Queensland) means the provisions applying in this jurisdiction because of section 4.

(3)Terms used in the local application provisions of this Act and also in the Health Practitioner Regulation National Law set out in the schedule have the same meanings in those provisions as they have in that Law.

s 3 def health ombudsman ins 2013 No. 36s 323

4Application of Health Practitioner Regulation National Law

(1)The Health Practitioner Regulation National Law set out in the schedule, as modified by part 4—

(a)applies as a law of this jurisdiction; and

(b)as so applying, may be referred to as the Health Practitioner Regulation National Law (Queensland); and

(c)as so applying, is a part of this Act.

(2)A copy of the Health Practitioner Regulation National Law (Queensland) may be authorised by the parliamentary counsel.

(3)If a copy mentioned in subsection (2) is authorised under that subsection, the copy—

(a)is to indicate that fact in a suitable place; and

(b)is a reprint of a law authorised by the parliamentary counsel for the purposes of the Reprints Act 1992.

s 4 amd 2013 No. 36s 324

5Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction

In the Health Practitioner Regulation National Law (Queensland)—

magistrate means a magistrate appointed under the Magistrates Act 1991.

Magistrates Court means a Magistrates Court established under the Justices Act 1886.

this jurisdiction means Queensland.

6Responsible tribunal for Health Practitioner Regulation National Law (Queensland)

QCAT is declared to be the responsible tribunal for this jurisdiction for the purposes of the Health Practitioner Regulation National Law (Queensland).

7Exclusion of legislation of this jurisdiction

The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (Queensland) or to the instruments made under that law—

(a)the Acts Interpretation Act 1954;

(b)the Auditor-General Act 2009;

(c)the Financial Accountability Act 2009;

(d)the Information Privacy Act 2009;

(e)the Ombudsman Act 2001;

(f)the Public Sector Act 2022;

(g)the Right to Information Act 2009;

(h)the Statutory Bodies Financial Arrangements Act 1982;

(i)the Statutory Instruments Act 1992.

s 7 amd 2022 No. 34s 365sch 3

7ACo-regulatory jurisdiction

It is declared that this jurisdiction is not participating in the health, performance and conduct process provided by part 8, divisions 3 to 12 of the Health Practitioner Regulation National Law set out in the schedule.

Note—

See the Health Practitioner Regulation National Law (Queensland), section 5, definition co-regulatory jurisdiction.

s 7A ins 2013 No. 36s 325

7BCo-regulatory authority

It is declared that the health ombudsman is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law (Queensland).

Note—

See the Health Practitioner Regulation National Law (Queensland), section 5, definition co-regulatory authority.

s 7B ins 2013 No. 36s 325

7CAdjudication body

It is declared that the health ombudsman is an adjudication body for the purposes of the Health Practitioner Regulation National Law (Queensland).

Note—

See the Health Practitioner Regulation National Law (Queensland), section 5, definition adjudication body.

s 7C ins 2013 No. 36s 325

8Police commissioner may give criminal history information

(1)The police commissioner may give criminal history information to—

(a)a National Board; or

(b)ACC, or a police force or service of the Commonwealth or another State, for the purpose of ACC or the police force or service giving the criminal history information to a National Board.

(2)In this section—

criminal history information means information about a person’s criminal history that may be included in a written report under the Health Practitioner Regulation National Law (Queensland), section 79 or 135.

s 8 amd 2017 No. 32s 56

9Review of decision by QCAT as responsible tribunal

A reference in the Health Practitioner Regulation National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the responsible tribunal, a reference to a review of the decision as provided under the QCAT Act.

9ARegulation-making power

The Governor in Council may make regulations under this Act.

s 9A prev s 9A ins 2010 No. 14s 15

exp 30 June 2013 (see s 9A(4))

pres s 9A ins 2022 No. 22s 147

10Repeal

The Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008, No. 62 is repealed.

pt 4 hdg ins 2013 No. 36s 326

11Meaning of National Law provisions

In this part—

National Law provisions means the provisions of the Health Practitioner Regulation National Law set out in the schedule.

s 11 ins 2013 No. 36s 326

12Operation of pt 4

This part states the modifications of the National Law provisions for the purpose of applying the modified provisions as a law of this jurisdiction under section 4.

s 12 ins 2013 No. 36s 326

15Amendment of s 5 (Definitions)

(1)National Law provisions, section 5—

insert—

complainant, for part 8, see section 139C.

complaint, for part 8, see section 139C.

health ombudsman means the health ombudsman under the Health Ombudsman Act 2013.

Office of the Health Ombudsman means the Office of the Health Ombudsman established under the Health Ombudsman Act 2013.

referred matter means a complaint or other matter referred by the health ombudsman to the National Agency under the Health Ombudsman Act 2013, section 91.

(2)National Law provisions, section 5, definition adjudication body—

insert—

Note—

The health ombudsman is an adjudication body.

(3)National Law provisions, section 5, definition co-regulatory authority—

insert—

Note—

The health ombudsman is a co-regulatory authority.

(4)National Law provisions, section 5, definition co-regulatory jurisdiction—

insert—

Note—

Queensland is a co-regulatory jurisdiction.

(5)National Law provisions, section 5, definition mandatory notification, ‘National Agency’—

omit, insert—

health ombudsman

(6)National Law provisions, section 5, definition responsible tribunal—

insert—

Note—

QCAT is the responsible tribunal for this jurisdiction.

s 15 ins 2013 No. 36s 326

amd 2022 No. 22s 136

16Amendment of s 11 (Policy directions)

National Law provisions, section 11(5)(c), after ‘notification’—

insert—

, referred matter

s 16 ins 2013 No. 36s 326

18Amendment of s 25 (Functions of National Agency)

National Law provisions, section 25(i)—

omit, insert—

(i)to establish an efficient procedure for receiving and dealing with matters referred to it by the health ombudsman about persons who are or were registered health practitioners and persons who are students;

s 18 ins 2013 No. 36s 326

19Insertion of new s 26A

National Law provisions, after section 26—

insert—

26AComplaints element of fees to be paid to health ombudsman

(1)For each financial year, the responsible Minister must decide, for each health profession, the amount of the complaints component of registration fees payable by Queensland health practitioners registered in the profession for the financial year.

(2)The amount decided by the responsible Minister must reflect the reasonable cost of the health ombudsman performing functions, relating to the health, conduct and performance of health practitioners registered in the health profession, that would be performed by the National Agency and the National Board established for the health profession if the Health Ombudsman Act 2013 had not been enacted.

(3)The responsible Minister must consult with the Ministerial Council, National Agency and National Boards before making the decision.

(4)The responsible Minister must give written notice of the decision to the National Agency at least 1 month before the decision takes effect.

(5)As soon as practicable after being notified of the decision, the National Agency must publish the decision to the public.

(6)The National Agency must pay the amount to the health ombudsman.

(7)The payment under subsection (6) is to be made during the financial year in instalments of the frequency, at least monthly, decided by the responsible Minister.

(8)In this section—

complaints component means a component for the costs of performing the health ombudsman’s functions in relation to registered health practitioners.

Queensland health practitioner means—

(a)a registered health practitioner whose principal place of practice is in this jurisdiction; or

(b)an applicant for registration whose application for registration includes a declaration under section 77(3) that—

(i)the applicant will predominantly practise the profession in this jurisdiction; or

(ii)the applicant’s principal place of residence is in this jurisdiction.

registration fee means a relevant fee payable by a health practitioner for registration or renewal of registration under this Law.

s 19 ins 2013 No. 36s 326

20Amendment of s 35 (Functions of National Boards)

(1)National Law provisions, section 35(1)(g), ‘receipt, assessment and investigation of notifications’—

omit, insert—

assessment and investigation of matters referred to it by the National Agency

(2)National Law provisions, section 35(1)(i), after ‘jurisdictions’—

insert—

or to the health ombudsman

(3)National Law provisions, section 35(2), ‘receiving notifications and’—

omit.

(4)National Law provisions, section 35(2), after ‘jurisdiction’—

insert—

unless the National Agency has referred the relevant matter to the Board

s 20 ins 2013 No. 36s 326

20AAmendment of s 112 (Decision about application for renewal)

(1)National Law provisions, section 112(2)(ba), after ‘Board’—
insert—

, or to the health ombudsman under the Health Ombudsman Act 2013, part 7, division 1,

(2)National Law provisions, section 112(3)(c), after ‘Board’—
insert—

, or to the health ombudsman under the Health Ombudsman Act 2013, part 7, division 1,

(3)National Law provisions, section 112(3), note, after ‘Board’—
insert—

or health ombudsman

s 20A ins 2022 No. 22s 133

20BAmendment of s 125 (Changing or removing conditions or undertaking on application by registered health practitioner or student)

National Law provisions, section 125(1)(a)(ii), after ‘practitioner’—
insert—

to the Board

s 20B ins 2022 No. 22s 133

21Amendment of s 138 (Application of Part to persons who are registered health practitioners)

National Law provisions, section 138—
insert—

(1A)Also, a referred matter may be dealt with under this Part about a person who is a registered health practitioner in relation to the practitioner’s behaviour at a time specified in subsection (1)(a) to (c).

s 21 ins 2013 No. 36s 326

sub 2022 No. 22s 137

22Amendment of s 139A (Application of Part to persons who were registered health practitioners)

(1)National Law provisions, section 139A—
insert—

(2A)Also, a referred matter may be dealt with under this Part about the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered.

(2)National Law provisions, section 139A(3), ‘subsection (2)’—
omit, insert—

subsections (2) and (2A)

s 22 ins 2013 No. 36s 326

sub 2022 No. 22s 137

22AAmendment of s 139B (Application of Part to persons who were registered under corresponding prior Act)

(1)National Law provisions, section 139B—
insert—

(2A)Also, a referred matter may be dealt with under this Part about the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act.

(2)National Law provisions, section 139B(3), ‘subsection (2) applies’—
omit, insert—

subsections (2) and (2A) apply

(3)National Law provisions, section 139B(4), ‘subsection (2)’—
omit, insert—

subsections (2) and (2A)

s 22A ins 2022 No. 22s 137

23Insertion of new s 139C

National Law provisions, after section 139B—

insert—

139C Meanings of complainant and complaint

In this part—

complainant means a person who makes a complaint.

complaint means—

(a)a notification under division 2 or 3; or

(b)a health service complaint under the Health Ombudsman Act 2013.

s 23 ins 2013 No. 36s 326

amd 2022 No. 22s 138

24Insertion of new s 139D

National Law provisions, part 8, division 2—

insert—

139D Application of div 2 to this jurisdiction

(1)This division applies in relation to notifiable conduct of a registered health practitioner only if the conduct occurs in this jurisdiction.

(2)This division applies in relation to a student’s impairment only if the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction.

s 24 ins 2013 No. 36s 326

amd 2022 No. 22s 139

25Amendment of s 141 (Mandatory notifications by health practitioners other than treating practitioners)

(1)National Law provisions, section 141(2) and (4)(e), ‘National Agency’—

omit, insert—

health ombudsman

(2)National Law provisions, section 141(3), after ‘this Part’—

insert—

or the Health Ombudsman Act 2013

s 25 ins 2013 No. 36s 326

amd 2019 No. 3s 4

25AAmendment of s 141A (Mandatory notifications by treating practitioners of sexual misconduct)

(1)Section 141A(2), ‘National Agency’—
omit, insert—

health ombudsman

(2)Section 141A(3), after ‘this Part’—
insert—

or the Health Ombudsman Act 2013

s 25A ins 2019 No. 3s 5

25BAmendment of s 141B (Mandatory notifications by treating practitioners of substantial risk of harm to public)

(1)Section 141B(2) and (4), ‘National Agency’—
omit, insert—

health ombudsman

(2)Section 141B(6), after ‘this Part’—
insert—

or the Health Ombudsman Act 2013

s 25B ins 2019 No. 3s 5

25CAmendment of s 141C (When practitioner does not form reasonable belief in course of providing health service)

Section 141C(2)(e), ‘National Agency’—
omit, insert—

health ombudsman

s 25C ins 2019 No. 3s 5

26Amendment of s 142 (Mandatory notifications by employers)

(1)National Law provisions, section 142(1), ‘National Agency’—

omit, insert—

health ombudsman

(2)National Law provisions, section 142(2) and (3)—

omit, insert—

(2)If the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1), the health ombudsman—

(a)must notify the National Agency; and

(b)may—

(i)refer the matter to the employer’s licensing authority; or

(ii)refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or

(iii)advise the responsible Minister of the matter.

(3)National Law provisions, section 142(4)—

renumber as section 142(3).

s 26 ins 2013 No. 36s 326

27Amendment of s 143 (Mandatory notifications by education providers)

(1)National Law provisions, section 143(1), ‘National Agency’—

omit, insert—

health ombudsman

(2)National Law provisions, section 143(2) and (3)—

renumber as section 143(3) and (4).

(3)National Law provisions, section 143—

insert—

(2)The health ombudsman must give to the National Agency a copy of each notification received under subsection (1).

s 27 ins 2013 No. 36s 326

28Insertion of new s 143A

National Law provisions, part 8, division 3—

insert—

143A Application of div 3 to this jurisdiction

(1)This division applies in relation to a registered health practitioner only if the notification concerns conduct occurring in this jurisdiction or the practitioner’s principal place of practice is in this jurisdiction.

(2)This division applies in relation to a student only if the notification concerns conduct occurring in this jurisdiction or the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction.

s 28 ins 2013 No. 36s 326

29Amendment of s 144 (Grounds for voluntary notification)

National Law provisions, section 144(1) and (2), ‘National Agency’—

omit, insert—

health ombudsman

s 29 ins 2013 No. 36s 326

30Amendment of s 145 (Who may make voluntary notification)

National Law provisions, section 145, ‘National Agency’—

omit, insert—

health ombudsman

s 30 ins 2013 No. 36s 326

31Replacement of pt 8, div 4, hdg

National Law provisions, part 8, division 4, heading—

omit, insert—

Division 4 Dealing with notifications

s 31 ins 2013 No. 36s 326

32Replacement of s 146 (How notification is made)

National Law provisions, section 146—

omit, insert—

146Notifications to be dealt with under Health Ombudsman Act 2013

(1)The Health Ombudsman Act 2013 applies to a notification (including the making of a notification) under division 2 or 3—

(a)as if references in that Act to a complaint or complainant were references to a notification or notifier; and

(b)with other necessary changes.

(2)If a person makes a notification to the health ombudsman under division 2 or 3, the health ombudsman must deal with it under the Health Ombudsman Act 2013 as if it were a complaint made under part 3, division 2 of that Act.

s 32 ins 2013 No. 36s 326

33Omission of s 147 (National Agency to provide reasonable assistance to notifier)

National Law provisions, section 147—

omit.

s 33 ins 2013 No. 36s 326

34Replacement of pt 8, div 5 (Preliminary assessment)

National Law provisions, part 8, division 5—

omit, insert—

Division 5 Matters referred to the National Agency by the health ombudsman

148Application of div 5

This division applies if, under the Health Ombudsman Act 2013, part 9, division 1, the health ombudsman refers a matter to the National Agency.

149Referral of matter to National Board

The National Agency must immediately refer the matter to the National Board established for the health practitioner’s or student’s profession.

150Preliminary assessment

(1)A National Board must, within 60 days after receipt of a referred matter under section 148, conduct a preliminary assessment of the referred matter and decide—

(a)whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and

(b)whether or not the referred matter relates to a matter that is a ground for notification.

(2)Without limiting subsection (1)(b), the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct.

(3)If the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board.

150A Power to require information

(1)For the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way.

(2)The person must comply with the notice unless the person has a reasonable excuse.

Maximum penalty—

(a)in the case of an individual—$5,000; or

(b)in the case of a body corporate—$10,000.

(3)Without limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual.

150B Inspection of documents

(1)If a document is produced to a National Board, the Board may—

(a)inspect the document; and

(b)make a copy of, or take an extract from, the document; and

(c)keep the document while it is necessary for the preliminary assessment of a referred matter.

(2)If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board.

150C Referral to other entities

(1)If, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity.

(2)A decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter.

(3)If the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity—

(a)if the referred matter is a health service complaint under the Health Ombudsman Act 2013—details of the complaint, the complainant and the health service provider to whom the complaint relates; and

(b)any other information the Board has that is relevant to the referred matter.

(4)The National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved.

(5)The other entity may provide the information requested by the National Board.

151When National Board may decide to take no further action

(1)A National Board may decide to take no further action in relation to a referred matter if—

(a)the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or

(b)given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or

(c)the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or

(d)the subject matter of the referred matter has already been dealt with adequately by the Board; or

(e)the subject matter of the referred matter—

(i)is being dealt with, or has already been dealt with, by another entity; or

(ii)has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or

(f)the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter.

(1A)A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity.

(2)A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.

(3)If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter.

(4)A notice under subsection (3) must state—

(a)that the National Board has decided to take no further action in relation to the referred matter; and

(b)the reason the Board has decided to take no further action.

s 34 ins 2013 No. 36s 326

amd 2017 No. 32s 57; 2019 No. 38s 66; 2022 No. 22ss 140, 144

35Replacement of ss 153 and 154

National law provisions, sections 153 and 154—

omit, insert—

153National Board may deal with referred matters about same person together

(1)If the National Agency receives more than one referred matter about a registered health practitioner or student, the National Board established for the health profession in which the practitioner or student is registered may deal with the referred matters together.

(2)In this section—

referred matter includes a notification made under a law of another participating jurisdiction.

154National Boards may deal with referred matters collaboratively

(1)This section applies if a matter referred to a National Board relates to—

(a)a registered health practitioner who is registered in more than one health profession; or

(b)more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or

(c)a person who is registered as a student in more than one health profession; or

(d)more than one student and the students are registered in 2 or more different health professions.

(2)The National Board may deal with the referred matter in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered.

s 35 ins 2013 No. 36s 326

35AAmendment of s 159A (Board may give information to notifier about immediate action)

(1)National Law provisions, section 159A, ‘notifier’—

omit, insert—

complainant

(2)National Law provisions, section 159A, ‘notification’—

omit, insert—

complaint

s 35A ins 2017 No. 32s 58

35BInsertion of new s 159EA

National Law provisions, after section 159E—
insert—

159EA Regulatory body must notify health ombudsman of interim prohibition order

(1)This section applies if—

(a)a regulatory body issues an interim prohibition order to an unregistered person under section 159C; and

(b)either—

(i)the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or

(ii)the person’s principal place of residence is in this jurisdiction.

(2)The regulatory body must, within 7 days after issuing the interim prohibition order, give the health ombudsman a written notice about the interim prohibition order.

(3)The notice must include the following—

(a)the name of the unregistered person;

(b)details of the health service or health services to which the interim prohibition order relates, if any;

(c)the day on which the interim prohibition order starts;

(d)details of the grounds on which the interim prohibition order was issued.

s 35B ins 2022 No. 22s 141

35CAmendment of s 159F (Duration of interim prohibition order)

National Law provisions, section 159F—
insert—

(3)However, if the interim prohibition order is issued in relation to a matter referred under section 193A to the health ombudsman, the day specified in subsection (2) cannot be less than 14 days after the day the matter was referred.

s 35C ins 2022 No. 22s 141

36Amendment of s 160 (When investigation may be conducted)

National Law provisions, section 160(1)(a), ‘notification’—

omit, insert—

referred matter

s 36 ins 2013 No. 36s 326

37Amendment of s 161 (Registered health practitioner or student to be given notice of investigation)

National Law provisions, section 161(3)(b)—

omit, insert—

(b)if the investigation relates to a complaint made about the registered health practitioner or student, the complainant.

s 37 ins 2013 No. 36s 326

37AAmendment of s 167A (Board may give information to notifier about result of investigation)

(1)National Law provisions, section 167A, ‘notifier’—

omit, insert—

complainant

(2)National Law provisions, section 167A, ‘notification’—

omit, insert—

complaint

s 37A ins 2017 No. 32s 59

38Amendment of s 169 (Requirement for health assessment)

National Law provisions, section 169, ‘notification’—

omit, insert—

complaint

s 38 ins 2013 No. 36s 326

39Amendment of s 170 (Requirement for performance assessment)

National Law provisions, section 170, ‘notification’—

omit, insert—

complaint

s 39 ins 2013 No. 36s 326

40Amendment of s 177 (Decision by National Board)

National Law provisions, section 177—

insert—

(2)This section applies subject to division 12, subdivision 1.

s 40 ins 2013 No. 36s 326

40AAmendment of s 177A (Board may give information to notifier about decision following assessor’s report)

(1)National Law provisions, section 177A, ‘notifier’—

omit, insert—

complainant

(2)National Law provisions, section 177A, ‘notification’—

omit, insert—

complaint

s 40A ins 2017 No. 32s 60

41Amendment of s 178 (National Board may take action)

(1)National Law provisions, section 178(1)(a), ‘notification’—

omit, insert—

complaint

(2)National Law provisions, section 178(1)(b)—

omit, insert—

(b)the matter is not required under division 12, subdivision 1 to be referred to the health ombudsman or a responsible tribunal, including because of a decision made under section 193C that it is not in the public interest; and

s 41 ins 2013 No. 36s 326

amd 2022 No. 22s 145

42Amendment of s 180 (Notice to be given to health practitioner or student and notifier)

(1)National Law provisions, section 180, ‘notifier’—

omit, insert—

complainant

(2)National Law provisions, section 180(1)(b), ‘notification’—

omit, insert—

complaint

s 42 ins 2013 No. 36s 326

43Amendment of s 181 (Establishment of health panel)

National Law provisions, section 181(1)(a), ‘notification’—

omit, insert—

complaint

s 43 ins 2013 No. 36s 326

44Amendment of s 182 (Establishment of performance and professional standards panel)

National Law provisions, section 182(1)(a), ‘notification’—

omit, insert—

complaint

s 44 ins 2013 No. 36s 326

45Amendment of s 183 (List of approved persons for appointment to panels)

National Law provisions, section 183(2)—

omit.

s 45 ins 2013 No. 36s 326

46Amendment of s 187 (Submission by notifier)

(1)National Law provisions, section 187, ‘notifier’—

omit, insert—

complainant

(2)National Law provisions, section 187, ‘notification’—

omit, insert—

complaint

s 46 ins 2013 No. 36s 326

47Replacement of s 190 (Referral to responsible tribunal or National Board)

National Law provisions, section 190—

omit, insert—

190Referral to Board for notification to health ombudsman

(1)This section applies if, at any time while hearing a matter, a panel reasonably believes the evidence demonstrates—

(a)the registered health practitioner the subject of the hearing may have behaved in a way that constitutes professional misconduct; or

(b)there is another ground for suspending, cancelling or withdrawing the registration of the registered health practitioner the subject of the hearing.

(2)The panel must notify the National Board of the panel’s belief.

Note—

See section 193.

(3)This section does not limit the panel’s power to also decide under section 191 to suspend the practitioner’s registration before notifying the Board under subsection (2).

190A Referral to Board for referral to responsible tribunal

(1)This section applies if, at any time, the practitioner or student the subject of a hearing asks the panel for the matter to be referred to a responsible tribunal.

(2)The panel must stop hearing the matter and notify the National Board that established the panel that the matter must be referred to a responsible tribunal.

s 47 ins 2013 No. 36s 326

amd 2022 No. 22s 134

48Amendment of s 191 (Decision of panel)

National Law provisions, section 191(1)(b)(iv)—

omit, insert—

(iv)the matter must be referred to the responsible tribunal;

s 48 ins 2013 No. 36s 326

49Amendment of s 192 (Notice to be given about panel’s decision)

(1)National Law provisions, section 192(2)(b), ‘notification’—

omit, insert—

complaint

(2)National Law provisions, section 192(2)(b) and (4), ‘notifier’—

omit, insert—

complainant

s 49 ins 2013 No. 36s 326

50Replacement of pt 8, div 12, hdg and ss 193–195

National Law provisions, part 8, division 12, heading and sections 193 to 195—

omit, insert—

Division 12 Referring matter to health ombudsman and responsible tribunals

Subdivision 1 Matters to be referred

193Health ombudsman to be notified about particular serious matters

(1)The National Board must notify the health ombudsman as soon as practicable after—

(a)the National Board forms a reasonable belief, based on a complaint or for any other reason, that—

(i)a registered health practitioner has behaved in a way that constitutes professional misconduct; or

(ii)there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or

(b)a panel notifies the National Board of the panel’s belief under section 190(2).

(1A)Subsection (1)(a) does not apply if the National Board is satisfied the health ombudsman is aware of the matter mentioned in subsection (1)(a)(i) or (ii), including, for example, because it was the subject of a referral to the National Agency under the Health Ombudsman Act 2013,part 9, division 1.

(2)On receiving the notification, the health ombudsman must ask the National Board to—

(a)refer the matter to the health ombudsman; or

(b)continue to deal with the matter under the National Law.

(3)This section does not limit the National Board’s power to do any of the following before making a notification under subsection (1) or a referral under subsection (2)—

(a)withdraw the registered health practitioner’s registration under section 85A;

(b)accept a surrender of the registered health practitioner’s registration under section 137;

(c)take immediate action in relation to the registered health practitioner under Division 7.

193A Referrals to health ombudsman

(1)A National Board must refer a matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 if the health ombudsman requests the referral under section 193(2).

(2)Also, if a panel has notified the National Board that established the panel that the matter must be referred to a responsible tribunal, the Board must notify the health ombudsman of that fact.

(3)If a matter is referred under subsection (1) and the Board notifies the health ombudsman in relation to the matter under subsection (2), the health ombudsman must refer the matter to the responsible tribunal under the Health Ombudsman Act 2013.

(4)A National Board may refer another matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 with the health ombudsman’s agreement.

(5)Also, a regulatory body that has issued an interim prohibition order to an unregistered person under section 159C may, while the order is in effect and with the health ombudsman’s agreement, refer the matter in relation to which the order was issued to the health ombudsman to be dealt with under the Health Ombudsman Act 2013.

193B Referrals to responsible tribunal

(1)Subject to section 193C, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if—

(a)a panel established by the Board asks the Board to refer the matter to a responsible tribunal; and

(b)it is not a matter that must be referred to the health ombudsman under section 193A.

(2)A National Board may refer a matter about a registered health practitioner or student to a responsible tribunal if the health ombudsman asks the Board under section 193(2) to continue to deal with the matter under this Law.

(3)The National Board must—

(a)refer the matter to—

(i)the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or

(ii)if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and

(b)give written notice of the referral to the registered health practitioner or student to whom the matter relates.

(4)If the matter relates to a complaint, the referral must include the details of the complainant.

193C National Board may decide not to refer certain matters

(1)A National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193(1)(a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal.

(2)In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following—

(a)the need to protect the health and safety of the public;

(b)the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct;

(c)whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint;

(d)whether the practitioner is still registered and, if not still registered, may again seek registration in the future;

(e)any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter;

(f)any other matter the Board considers relevant to the decision.

(3)If a decision is made under this section to not refer a matter to a responsible tribunal—

(a)the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and

(b)the National Agency must publish information about the decision in its annual report.

Subdivision 2 Proceedings referred to responsible tribunal by a National Board

194Application of sdiv 2

This subdivision applies to a proceeding for a matter referred by a National Board to a responsible tribunal under section 193B.

s 50 ins 2013 No. 36s 326

amd 2019 No. 38s 67; 2022 No. 22ss 135, 142, 146

51Amendment of s 198 (Relationship with Act establishing responsible tribunal)

National Law provisions, section 198, ‘Division’—

omit, insert—

subdivision

s 51 ins 2013 No. 36s 326

52Omission of ss 201–203

National Law provisions, sections 201 to 203—

omit.

s 52 ins 2013 No. 36s 326

53Amendment of s 204 (Notice from adjudication body)

(1)National Law provisions, section 204, heading, ‘adjudication body’—

omit, insert—

responsible tribunal

(2)National Law provisions, section 204(1), ‘an adjudication body, other than a court,’—

omit, insert—

the responsible tribunal

(3)National Law provisions, section 204(2)(a), ‘adjudication body’—

omit, insert—

responsible tribunal

s 53 ins 2013 No. 36s 326

54Amendment of s 206 (National Board to give notice to registered health practitioner’s employer and other entities)

National Law provisions, section 206(1)(a)(ii) and (iii)—

omit, insert—

(ii)receives notice from a panel, or from the responsible tribunal hearing a matter to which the health ombudsman is not a party, that the panel or tribunal has decided to take health, conduct or performance action against a registered health practitioner; and

s 54 ins 2013 No. 36s 326

amd 2017 No. 32s 61

55Insertion of new ss 206A and 206B

National Law provisions, after section 206—

insert—

206A National board to give notice to health ombudsman about health, conduct or performance action

(1)This section applies if health, conduct or performance action is taken, in relation to a registered health practitioner who provides health services in this jurisdiction, by—

(a)a National Board or panel; or

(b)a responsible tribunal or court, in a proceeding to which the health ombudsman is not a party.

(2)The National Board must give written notice of the action to the health ombudsman.

(3)The written notice must include—

(a)sufficient particulars to identify the registered health practitioner; and

(b)details of—

(i)the issues raised about the health, conduct or performance of the registered health practitioner; and

(ii)the health, conduct or performance action taken in relation to the registered health practitioner.

206B National Agency or Board to give other information to health ombudsman on request

(1)The health ombudsman may, by written notice given to the National Agency or a National Board, ask for—

(a)information about any action taken in relation to, or other information concerning, the health, conduct or performance of a registered health practitioner, including, for example, information about any of the following—

(i)the establishment of a panel or progress with a panel hearing;

(ii)the start of an investigation, progress with an investigation or an investigator’s report;

(iii)referral of a matter to another entity;

(iv)a decision to take no further action in relation to a matter; or

(b)information about a stated matter relevant to the National Agency’s or National Board’s functions relating to the health, conduct and performance of registered health practitioners who provide health services in this jurisdiction.

(2)The information that may be requested includes information about a matter concerning a registered health practitioner who provides health services in this jurisdiction, even if the matter arose outside this jurisdiction.

(3)The National Agency or National Board must comply with the request.

(4)In this section—

information includes a report.

s 55 ins 2013 No. 36s 326

56Amendment of s 231 (Other records to be kept by National Boards)

National Law provisions, section 231(e)—

omit, insert—

(e)information about any referred matter about the practitioner received by the Board and any investigation and health, conduct or performance action taken as a result of the referred matter;

s 56 ins 2013 No. 36s 326

56AReplacement of s 241A

Section 241A—
omit, insert—

241A Proceedings for indictable offences

(1)An offence against part 7, division 10 or section 159O(1) or 196A(1) is an indictable offence that is a misdemeanour.

(2)Subject to subsection (3), a proceeding for an indictable offence is to be heard and decided summarily.

(3)A Magistrates Court must abstain from dealing summarily with a charge of an indictable offence—

(a)if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily; or

Examples of exceptional circumstances—

1There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together.

2There is an important issue of law involved.

3An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.

(b)if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.

(4)If a Magistrates Court abstains from jurisdiction—

(a)the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and

(b)the proceeding for the charge must be conducted as a committal proceeding; and

(c)a plea of the defendant at the start of the hearing must be disregarded; and

(d)the evidence already heard by the court is taken to be evidence in the committal proceeding; and

(e)the Justices Act 1886, section 104 must be complied with for the committal proceeding.

(5)The maximum penalty that may be imposed on a summary conviction for an indictable offence is 165 penalty units.

(6)A Magistrates Court that summarily deals with a charge of an indictable offence—

(a)must be constituted by a magistrate; and

(b)has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.

s 56A ins 2019 No. 3s 6

amd 2022 No. 22s 143

57Insertion of new pt 12A

National Law provisions, after part 12—

insert—

Part 12A Transitional provisions for Health Ombudsman Act 2013

305A Definitions for pt 12A

In this part—

commencement means the commencement of this section.

current matter means a matter that was being dealt with under part 8 before the commencement and, immediately before the commencement, had not been finally dealt with.

current notification means a notification made under part 8 before the commencement that, immediately before the commencement, had not been finally dealt with.

relevant National Board, for a notification, means the National Board that registered the registered health practitioner or student to whom the notification relates.

305B Payment of complaints element of fees by National Agency

(1)Section 26A applies to the initial period as if the initial period were a financial year.

(2)In this section—

initial period means the remaining part of the financial year in which this section commences.

305C Mandatory notifications by health practitioners

A reference in section 141(4)(e) to a notification made to the health ombudsman includes a notification to the National Agency made before the commencement.

305D Current notifications not yet referred to National Boards or other entities

Section 148, as in force immediately before the commencement, continues to apply to any current notification that the National Agency had not referred to a National Board or other entity under that section before the commencement.

305E Current notifications about serious matters

(1)This section applies in relation to a current notification or other current matter that, in the opinion of the relevant National Board, indicates—

(a)a registered health practitioner has behaved in a way that constitutes professional misconduct; or

(b)there is another ground for the suspension or cancellation of the practitioner’s registration.

(2)Within 28 days after the commencement, the board must, by written notice, advise the health ombudsman of the details of the matter and the action that, at the time of commencement, was being taken to deal with it.

(3)At any time before the board has finally dealt with the matter, the health ombudsman may, by written notice, direct the board to—

(a)refer the matter to the health ombudsman immediately; or

(b)take stated action under this Law to deal with the matter and then refer it to the health ombudsman.

(4)The board must comply with a direction under subsection (3).

(5)If the board refers the matter to the health ombudsman in compliance with a direction—

(a)the board must give the health ombudsman all the records and information relating to the matter that it is holding; and

(b)the health ombudsman must deal with the matter under the Health Ombudsman Act 2013.

305F Current notifications dealt with by relevant National Board

(1)This section applies to a current notification or other current matter unless, under section 310, the health ombudsman has directed the relevant National Board to refer the matter to the health ombudsman.

(2)The matter must be dealt with under this Law.

305G Notifications recorded by National Board

A reference in section 231(e) to a referred matter about a practitioner received by a National Board includes a notification about the practitioner made before the commencement.

s 57 ins 2013 No. 36s 326

amd 2017 No. 32s 62

section 4

1Short title

This Law may be cited as the Health Practitioner Regulation National Law.

2Commencement

This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.

3Objectives

(1)The object of this Law is to establish a national registration and accreditation scheme for—

(a)the regulation of health practitioners; and

(b)the registration of students undertaking—

(i)programs of study that provide a qualification for registration in a health profession; or

(ii)clinical training in a health profession.

(2)The objectives of the national registration and accreditation scheme are—

(a)to provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered; and

(b)to facilitate workforce mobility across Australia by reducing the administrative burden for health practitioners wishing to move between participating jurisdictions or to practise in more than one participating jurisdiction; and

(c)to facilitate the provision of high quality education and training of health practitioners; and

(ca)to build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander Peoples; and

(d)to facilitate the rigorous and responsive assessment of overseas-trained health practitioners; and

(e)to facilitate access to services provided by health practitioners in accordance with the public interest; and

(f)to enable the continuous development of a flexible, responsive and sustainable Australian health workforce and to enable innovation in the education of, and service delivery by, health practitioners.

sch s 3 amd 2022 No. 22 ss 33, 36

3AGuiding principles

(1)The main guiding principle of the national registration and accreditation scheme is that the following are paramount—

(a)protection of the public;

(b)public confidence in the safety of services provided by registered health practitioners and students.

(2)The other guiding principles of the national registration and accreditation scheme are as follows—

(a)the scheme is to operate in a transparent, accountable, efficient, effective and fair way;

(aa)the scheme is to ensure the development of a culturally safe and respectful health workforce that—

(i)is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and

(ii)contributes to the elimination of racism in the provision of health services;

Example—

Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.

(b)fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;

(c)restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.

sch s 3A ins 2022 No. 22s 34

amd 2022 No. 22s 37

4How functions to be exercised

An entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national registration and accreditation scheme set out in sections 3 and 3A.

sch s 4 amd 2022 No. 22s 35

5Definitions

In this Law—

ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 (Cwlth).

sch s 5 def ACC ins 2017 No. 32s 4(3)

accreditation authority means—

(a)an external accreditation entity; or

(b)an accreditation committee.

accreditation committee means a committee established by a National Board to exercise an accreditation function for a health profession for which the Board is established.

sch s 5 def accreditation committee amd 2017 No. 32s 87(1) sch 1pt 1

accreditation standard, for a health profession, means a standard used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes necessary to practise the profession in Australia.

accredited program of study means a program of study accredited under section 48 by an accreditation authority.

adjudication body means—

(a)a panel; or

(b)a responsible tribunal; or

(c)a Court; or

(d)an entity of a co-regulatory jurisdiction that is declared in the Act applying this Law to be an adjudication body for the purposes of this Law.

Advisory Council ...

sch s 5 def Advisory Council om 2022 No. 22s 38

Agency Board means the Australian Health Practitioner Regulation Agency Board established by section 29.

sch s 5 def Agency Board ins 2022 No. 22s 42(2)

Agency Fund means the Australian Health Practitioner Regulation Agency Fund established by section 208.

Agency Management Committee ...

sch s 5 def Agency Management Committee om 2022 No. 22s 42(1)

appropriate professional indemnity insurance arrangements, in relation to a registered health practitioner, means professional indemnity insurance arrangements that comply with an approved registration standard for the health profession in which the practitioner is registered.

approved accreditation standard means an accreditation standard—

(a)approved by a National Board under section 47(3); and

(b)published on the Board’s website under section 47(6).

approved area of practice, for a health profession, means an area of practice approved under section 15 for the profession.

approved program of study, for a health profession or for endorsement of registration in a health profession, means an accredited program of study—

(a)approved under section 49(1) by the National Board established for the health profession; and

(b)included in the list published by the National Agency under section 49(5).

approved qualification—

(a)for a health profession, means a qualification obtained by completing an approved program of study for the profession; and

(b)for endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement.

approved registration standard means a registration standard—

(a)approved by the Ministerial Council under section 12; and

(b)published on the website of the National Board that developed the standard.

Australian legal practitioner means a person who—

(a)is admitted to the legal profession under the law of a State or Territory; and

(b)holds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession.

COAG Agreement means the agreement for a national registration and accreditation scheme for health professions, made on 26 March 2008 between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.

Note.

A copy of the COAG Agreement is available on the National Agency’s website.

sch s 5 def COAG Agreement amd 2022 No. 22s 117(1)

co-regulatory authority, for a co-regulatory jurisdiction, means an entity that is declared by the Act applying this Law in the co-regulatory jurisdiction to be a co-regulatory authority for the purposes of this Law.

co-regulatory jurisdiction means a participating jurisdiction in which the Act applying this Law declares that the jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8.

corresponding prior Act means a law of a participating jurisdiction that—

(a)was in force before the day on which the jurisdiction became a participating jurisdiction; and

(b)established an entity having functions that included—

(i)the registration of persons as health practitioners; or

(ii)health, conduct or performance action.

criminal history, of a person, means the following—

(a)every conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law;

(b)every plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence;

(c)every charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law.

criminal history law means a law of a participating jurisdiction that provides that spent or other convictions do not form part of a person’s criminal history and prevents or does not require the disclosure of those convictions.

CrimTrac ...

sch s 5 def CrimTrac om 2017 No. 32s 4(1)

disqualified person means a person—

(a)whose registration has been cancelled by a responsible tribunal; or

(b)who has been disqualified by a responsible tribunal from applying for registration, or being registered, in a health profession.

division, of a health profession, means a part of a health profession for which a Division is included in the National Register kept for the profession.

education provider means—

(a)a university; or

(b)a tertiary education institution, or another institution or organisation, that provides vocational training; or

(c)a specialist medical college or other health profession college.

entity includes a person and an unincorporated body.

exercise a function includes perform a duty.

external accreditation entity means an entity, other than a committee established by a National Board, that exercises an accreditation function.

health assessment means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the person.

health complaints entity means an entity—

(a)that is established by or under an Act of a participating jurisdiction; and

(b)whose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system.

health, conduct or performance action means action that—

(a)a National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8; or

(b)a co-regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co-regulatory jurisdiction, substantially corresponds to a proceeding under Part 8.

health panel means a panel established under section 181.

health practitioner means an individual who practises a health profession.

health profession means the following professions, and includes a recognised specialty in any of the following professions—

(a)Aboriginal and Torres Strait Islander health practice;

(b)Chinese medicine;

(c)chiropractic;

(d)dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);

(e)medical;

(f)medical radiation practice;

(g) midwifery;

(ga)nursing;

(h)occupational therapy;

(i)optometry;

(j)osteopathy;

(ja) paramedicine;

(k)pharmacy;

(l)physiotherapy;

(m)podiatry;

(n)psychology.

Note.

See Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions.

sch s 5 def health profession amd 2017 No. 32s 4(6)–(7)

health profession agreement has the meaning given by section 26.

health program means a program providing education, prevention, early intervention, treatment or rehabilitation services relating to physical or mental impairments, disabilities, conditions or disorders, including substance abuse or dependence.

health service includes the following services, whether provided as public or private services—

(a)services provided by registered health practitioners;

(b)hospital services;

(c)mental health services;

(d)pharmaceutical services;

(e)ambulance services;

(f)community health services;

(g)health education services;

(h)welfare services necessary to implement any services referred to in paragraphs (a) to (g);

(i)services provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists;

(j)pathology services.

health service provider means a person who provides a health service.

impairment, in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect—

(a)for a registered health practitioner or an applicant for registration in a health profession, the person’s capacity to practise the profession; or

(b)for a student, the student’s capacity to undertake clinical training—

(i)as part of the approved program of study in which the student is enrolled; or

(ii)arranged by an education provider.

interim prohibition order, for Division 7A of Part 8, see section 159B.

sch s 5 def interim prohibition order ins 2022 No. 22s 93

local registration authority means an entity having functions under a law of a State or Territory that include the registration of persons as health practitioners.

mandatory notification means a notification an entity is required to make to the National Agency under Division 2 of Part 8.

medical practitioner means a person who is registered under this Law in the medical profession.

Ministerial Council means a body, however described, that consists of the Minister of each participating jurisdiction, and the Commonwealth, who is responsible, or principally responsible, for matters relating to health.

sch s 5 def Ministerial Council sub 2017 No. 32s 4(1), (3); 2022 No. 22s 53

National Agency means the Australian Health Practitioner Regulation Agency established by section 23.

National Board means a National Health Practitioner Board continued or established by regulations made under section 31.

sch s 5 def National Board sub 2017 No. 32s 4(2), (4)

National Register means the Register kept by a National Board under section 222.

national registration and accreditation scheme means the scheme—

(a)referred to in the COAG Agreement; and

(b)established by this Law.

notification means—

(a)a mandatory notification; or

(b)a voluntary notification.

notifier means a person who makes a notification.

panel means—

(a)a health panel; or

(b)a performance and professional standards panel.

participating jurisdiction means a State or Territory—

(a)that is a party to the COAG Agreement; and

(b)in which—

(i)this Law applies as a law of the State or Territory; or

(ii)a law that substantially corresponds to the provisions of this Law has been enacted.

performance and professional standards panel means a panel established under section 182.

performance assessment means an assessment of the knowledge, skill or judgment possessed, or care exercised by, a registered health practitioner in the practice of the health profession in which the practitioner is registered.

police commissioner means the commissioner of the police force or police service of a participating jurisdiction or the Commonwealth.

practice arrangement, between a registered health practitioner or unregistered person, and an entity—

(a)includes—

(i)a contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or

(ii)an agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but

(b)does not include a contract or agreement not directly related to the provision of a health service.

sch s 5 def practice arrangement ins 2022 No. 22s 82

principal place of practice, for a registered health practitioner, means the address declared by the practitioner to be the address—

(a)at which the practitioner is predominantly practising the profession; or

(b)if the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner’s principal place of residence.

professional misconduct, of a registered health practitioner, includes—

(a)unprofessional conduct by the practitioner that amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and

(b)more than one instance of unprofessional conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and

(c)conduct of the practitioner, whether occurring in connection with the practice of the health practitioner’s profession or not, that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession.

program of study means a program of study provided by an education provider.

prohibition order means—

(a)a decision by a responsible tribunal of this jurisdiction under section 196(4)(b) or (c); or

(b)a decision by a responsible tribunal of another participating jurisdiction under section 196(4)(b) or (c) as it applies in the other jurisdiction; or

(c)a prohibition order under section 149C(5) of the Health Practitioner Regulation National Law (NSW); or

(d)a decision under section 107(4)(b) of the Health Ombudsman Act 2013 (Qld).

sch s 5 def prohibition order ins 2017 No. 32s 4(5)

amd 2023 No. 22s 3

psychologist means a person registered under this Law in the psychology profession.

public health facility includes—

(a)a public hospital; and

(b)a public health, teaching or research facility.

recognised specialty means a specialty in a health profession that has been approved by the Ministerial Council under section 13(2).

registered health practitioner means an individual who—

(a)is registered under this Law to practise a health profession, other than as a student; or

(b)holds non-practising registration under this Law in a health profession.

registration authority means—

(a)a local registration authority; or

(b)an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.

registration standard means a registration standard developed by a National Board under section 38.

registration status, in relation to an applicant for registration, includes—

(a)any undertakings given by the applicant to a registration authority, whether before or after the commencement of this Law; and

(b)any conditions previously imposed on the applicant’s registration by a registration authority, whether before or after the commencement of this Law; and

(c)any decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant’s practice of the profession, whether before or after the commencement of this Law; and

(d)any investigation commenced by a registration authority or a health complaints entity into the applicant’s conduct, performance or possible impairment but not finalised at the time of the application.

regulatory body, in relation to a person, means any of the following—

(a)the National Agency;

(b)for a person who is or was a registered health practitioner—a National Board for a health profession in which the person is or was registered.

sch s 5 def regulatory body ins 2022 No. 22s 93

reinstatement order means an order of a responsible tribunal that a disqualified person is eligible to apply to a National Board for registration under Part 7.

relevant action, for Division 10 of Part 8, see section 178.

relevant fee, for a service provided by a National Board, means the fee—

(a)set under a health profession agreement between the Board and the National Agency for the service; and

(b)published on the Board’s website under section 26(3).

relevant provision—

(a)for Division 7A of Part 8, see section 159B; or

(b)for Division 7B of Part 8, see section 159P.

sch s 5 def relevant provision ins 2022 No. 22s 93

responsible Minister means a Minister responsible for the administration of this Law in a participating jurisdiction.

responsible tribunal means a tribunal or court that—

(a)is declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction, or

(b)is declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that jurisdiction.

review period, for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under section 125, 126 or 127.

scheduled medicine means a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth.

specialist health practitioner means a person registered under this Law in a recognised specialty.

Specialists Register means a register kept by a National Board under section 223.

specialist title, in relation to a recognised specialty, means a title that is approved by the Ministerial Council under section 13 as being a specialist title for that recognised specialty.

State or Territory Board has the meaning given by section 36.

student means a person whose name is entered in a student register as being currently registered under this Law.

student register, for a health profession, means a register kept under section 229 by the National Board established for the profession.

suspension period, in relation to a person’s registration in a health profession, for Subdivision 2 of Division 9 of Part 7, see section 112A.

sch s 5 def suspension period ins 2022 No. 22s 117(2)

unprofessional conduct, of a registered health practitioner, means professional conduct that is of a lesser standard than that which might reasonably be expected of the health practitioner by the public or the practitioner’s professional peers, and includes—

(a)a contravention by the practitioner of this Law, whether or not the practitioner has been prosecuted for, or convicted of, an offence in relation to the contravention; and

(b)a contravention by the practitioner of—

(i)a condition to which the practitioner’s registration was subject; or

(ii)an undertaking given by the practitioner to the National Board that registers the practitioner; and

(c)the conviction of the practitioner for an offence under another Act, the nature of which may affect the practitioner’s suitability to continue to practise the profession; and

(d)providing a person with health services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person’s well-being; and

(e)influencing, or attempting to influence, the conduct of another registered health practitioner in a way that may compromise patient care; and

(f)accepting a benefit as inducement, consideration or reward for referring another person to a health service provider or recommending another person use or consult with a health service provider; and

(g)offering or giving a person a benefit, consideration or reward in return for the person referring another person to the practitioner or recommending to another person that the person use a health service provided by the practitioner; and

(h)referring a person to, or recommending that a person use or consult, another health service provider, health service or health product if the practitioner has a pecuniary interest in giving that referral or recommendation, unless the practitioner discloses the nature of that interest to the person before or at the time of giving the referral or recommendation.

unregistered person means a person who is not registered, or whose registration is suspended, under this Law.

sch s 5 def unregistered person ins 2022 No. 22s 82

unsatisfactory professional performance, of a registered health practitioner, means the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the health profession in which the practitioner is registered is below the standard reasonably expected of a health practitioner of an equivalent level of training or experience.

voluntary notification means a notification made under Division 3 of Part 8.

6Interpretation generally

Schedule 7 applies in relation to this Law.

7Single national entity

(1)It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by or under this Law is one single national entity, with functions conferred by this Law as so applied.

(2)An entity established by or under this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.

(3)An entity established by or under this Law may exercise its functions in relation to—

(a)one participating jurisdiction; or

(b)2 or more or all participating jurisdictions collectively.

(4)In this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.

sch s 7 amd 2017 No. 32s 87(1) sch 1pt 1

8Extraterritorial operation of Law

It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following—

(a)things situated in or outside the territorial limits of this jurisdiction;

(b)acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;

(c)things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.

9Trans-Tasman mutual recognition principle

This Law does not affect the operation of an Act of a participating jurisdiction providing for the application of the Trans-Tasman mutual recognition principle to occupations.

10Law binds the State

(1)This Law binds the State.

(2)In this section—

State means the Crown in right of this jurisdiction, and includes—

(a)the Government of this jurisdiction; and

(b)a Minister of the Crown in right of this jurisdiction; and

(c)a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

11Policy directions

(1)The Ministerial Council may give directions to the National Agency about the policies to be applied by the National Agency in exercising its functions under this Law.

(2)The Ministerial Council may give directions to a National Board about the policies to be applied by the National Board in exercising its functions under this Law.

(3)Without limiting subsections (1) and (2), a direction under this section may relate to—

(a)a matter relevant to the policies of the National Agency or a National Board; or

(b)an administrative process of the National Agency or a National Board; or

(c)a procedure of the National Agency or a National Board; or

(d)a particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health profession.

(4)However, the Ministerial Council may give a National Board a direction under subsection (3)(d) only if—

(a)in the Council’s opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and

(b)the Council has first given consideration to the potential impact of the Council’s direction on the quality and safety of health care.

(5)A direction under this section cannot be about—

(a)a particular person; or

(b)a particular qualification; or

(c)a particular application, notification or proceeding.

(6)The National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section.

12Approval of registration standards

(1)The Ministerial Council may approve a registration standard about—

(a)the registration, or renewal of registration, of persons in a health profession; or

(b)the endorsement, or renewal of the endorsement, of the registration of registered health practitioners.

(2)The Ministerial Council may approve a registration standard for a health profession only if—

(a)its approval is recommended by the National Board established for the health profession; and

(b)it does not provide for a matter about which an accreditation standard may provide.

Note.

An accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under Division 3 of Part 6.

(3)The Ministerial Council may, at any time, ask a National Board to review an approved or proposed registration standard for the health profession for which the National Board is established.

(4)The Ministerial Council may delegate any of the Council’s powers under subsection (1) to an entity it considers appropriate to exercise the power.

sch s 12 amd 2022 No. 22s 54

13Approvals in relation to specialist registration

(1)The following health professions, or divisions of health professions, are health professions for which specialist recognition operates under this Law—

(a)the medical profession;

(b)the dentists division of the dental profession;

(c)any other health profession approved by the Ministerial Council, on the recommendation of the National Board established for the profession.

(2)If a health profession is a profession for which specialist recognition operates, the Ministerial Council may, on the recommendation of the National Board established for the profession—

(a)approve a list of specialties for the profession; and

(b)approve one or more specialist titles for each specialty in the list.

(3)In making a recommendation to the Ministerial Council for the purposes of subsection (1)(c) or (2), a National Board established for a health profession may have regard to any relevant advice provided by—

(a)an accreditation authority for the profession; or

(b)a specialist college for the profession.

(4)The Ministerial Council may provide guidance to a National Board established for a health profession for which specialist recognition will operate in relation to the criteria for the approval of specialties for the profession by the Council.

14Approval of endorsement in relation to scheduled medicines

(1)The Ministerial Council may, on the recommendation of a National Board, decide that the Board may endorse the registration of health practitioners practising a profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines.

Note.

See section 94 which provides for the endorsement of health practitioners’ registration in relation to scheduled medicines.

(2)An approval under subsection (1) is to specify—

(a)the class of health practitioners registered by the Board to which the approval relates; and

(b)whether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and

(c)whether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines.

sch s 14 amd 2017 No. 32s 87(1) sch 1pt 1

15Approval of areas of practice for purposes of endorsement

The Ministerial Council may, on the recommendation of a National Board, approve an area of practice in a health profession for which the Board is established as being an area of practice for which the registration of a health practitioner registered in the profession may be endorsed.

Note.

See section 98 which provides for the endorsement of health practitioners’ registration in relation to approved areas of practice.

sch s 15 amd 2017 No. 32s 87(1) sch 1pt 1

16How Ministerial Council exercises functions

(1)The Ministerial Council is to give a direction or approval, or make a recommendation, request or appointment, for the purposes of a provision of this Law by resolution of the Council passed in accordance with procedures determined by the Council.

(2)An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.

17Notification and publication of directions and approvals

(1)A copy of any direction given by the Ministerial Council to the National Agency—

(a)is to be given to the Chairperson of the Agency Board; and

(b)must be published by the National Agency on its website as soon as practicable after being received by the Chairperson.

(2)A copy of a direction or approval given by the Ministerial Council to a National Board—

(a)is to be given to the Chairperson of the National Board; and

(b)if the direction is given under section 11(3)(d), is to include reasons for the direction; and

(c)must be published by the National Board on its website as soon as practicable after being received by the Chairperson.

(3)A copy of a direction or approval given by the Ministerial Council to the National Agency or to a National Board is to be published in the annual report of the National Agency.

sch s 17 amd 2022 No. 22s 43

23National Agency

(1)The Australian Health Practitioner Regulation Agency is established.

(2)The National Agency—

(a)is a body corporate with perpetual succession; and

(b)has a common seal; and

(c)may sue and be sued in its corporate name.

(3)The National Agency represents the State.

(4)Schedule 3 sets out provisions relating to the National Agency.

24General powers of National Agency

The National Agency has all the powers of an individual and, in particular, may—

(a)enter into contracts; and

(b)acquire, hold, dispose of, and deal with, real and personal property; and

(c)do anything necessary or convenient to be done in the exercise of its functions.

25Functions of National Agency

The functions of the National Agency are as follows—

(a)to provide administrative assistance and support to the National Boards, and the Boards’ committees, in exercising their functions;

(b)in consultation with the National Boards, to develop and administer procedures for the purpose of ensuring the efficient and effective operation of the National Boards;

(c)to establish procedures for the development of accreditation standards, registration standards and codes and guidelines approved by National Boards, for the purpose of ensuring the national registration and accreditation scheme operates in accordance with good regulatory practice;

(d)to negotiate in good faith with, and attempt to come to an agreement with, each National Board on the terms of a health profession agreement;

(e)to establish and administer an efficient procedure for receiving and dealing with applications for registration as a health practitioner and other matters relating to the registration of registered health practitioners;

(f)in conjunction with the National Boards, to keep up-to-date and publicly accessible national registers of registered health practitioners for each health profession;

(g)in conjunction with the National Boards, to keep up-to-date national registers of students for each health profession;

(h)to keep an up-to-date and publicly accessible list of approved programs of study for each health profession;

(i)to establish an efficient procedure for receiving and dealing with notifications against persons who are or were registered health practitioners and persons who are students, including by establishing a national process for receiving notifications about registered health practitioners in all professions;

(j)to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme;

(k)if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the administration of the national registration and accreditation scheme;

(ka)to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;

(l)any other function given to the National Agency by or under this Law.

sch s 25 amd 2022 No. 22s 52

26Health profession agreements

(1)The National Agency must enter into an agreement (a health profession agreement) with a National Board that makes provision for the following—

(a)the fees that will be payable under this Law by health practitioners and others in respect of a health profession for which the Board is established (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment);

(b)the annual budget of the National Board (including the funding arrangements for its committees and accreditation authorities);

(c)the services to be provided to the National Board by the National Agency to enable the National Board to carry out its functions under this Law.

(2)If the National Agency and a National Board are unable to agree on a matter relating to a health profession agreement or a proposed health profession agreement, the Ministerial Council may give directions to the National Agency and National Board about how the dispute is to be resolved.

(3)Each National Board must publish on its website the fees for which provision has been made in a health profession agreement between the Board and the National Agency.

sch s 26 amd 2017 No. 32s 87(1) sch 1pt 1

27Co-operation with participating jurisdictions and Commonwealth

(1)The National Agency may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—

(a)a government agency of a participating jurisdiction or of the Commonwealth;

(b)a local registration authority;

(c)a co-regulatory authority;

(d)a health complaints entity;

(e)an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.

(2)In particular, the National Agency may—

(a)ask an entity referred to in subsection (1) for information that the Agency requires to exercise its functions under this Law; and

(b)use the information to exercise its functions under this Law.

(3)An entity referred to in subsection (1) that receives a request for information from the National Agency is authorised to give the information to the National Agency.

28Office of National Agency

(1)The National Agency is to establish a national office.

(2)The National Agency is also to establish at least one local office in each participating jurisdiction.

sch pt 4 div 2 hdg sub 2022 No. 22s 44

29Agency Board

(1)The Australian Health Practitioner Regulation Agency Board is established.

(2)The Agency Board is to consist of at least 5 members appointed by the Ministerial Council.

(3)Of the members—

(a)one is to be a person appointed by the Ministerial Council as Chairperson, being a person who—

(i)is not a registered health practitioner; and

(ii)has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and

(b)at least 2 others are to be persons who have expertise in health, or education and training, or both; and

(c)at least 2 others are to be persons who are not current or former registered health practitioners and who have business or administrative expertise.

(4)Schedule 2 sets out provisions relating to the Agency Board.

sch s 29 amd 2022 No. 22s 45

30Functions of Agency Board

(1)The functions of the Agency Board are as follows—

(a)subject to any directions of the Ministerial Council, to decide the policies of the National Agency;

(b)to ensure that the National Agency performs its functions in a proper, effective and efficient way;

(c)any other function given to the Board by or under this Law.

(2)The affairs of the National Agency are to be controlled by the Agency Board and all acts and things done in the name of, or on behalf of, the National Agency by or with the authority of the Agency Board are taken to have been done by the National Agency.

sch s 30 amd 2022 No. 22s 46

31 Regulations must provide for National Boards

(1)The regulations must provide for a National Health Practitioner Board for each health profession.

(2)The regulations may—

(a)continue an existing Board for a health profession; or

(b)establish a Board for a health profession or for 2 or more health professions; or

(c)dissolve a Board for a health profession (the dissolved Board) if another Board is established for that health profession (the replacement Board).

(3)The regulations may provide for anything for which it is necessary or convenient to make provision to allow, facilitate or provide for the following—

(a)the continuation, establishment or dissolution of a Board under subsection (2);

(b)the completion of a matter started by the existing Board before the commencement;

(c)the effect of anything done by an existing Board before the commencement;

(d)the transfer of matters from a dissolved Board to a replacement Board.

(4)Before a regulation is made under subsection (2)(b) or (c), the Ministers comprising the Ministerial Council must undertake public consultation on the proposed regulation.

(5)However, failure to comply with subsection (4) does not affect the validity of the regulation.

(6)In this section—

existing Board means a National Health Practitioner Board in existence immediately before the commencement.

sch s 31 sub 2017 No. 32s 5

31AStatus of National Board

(1)A National Board—

(a)is a body corporate with perpetual succession; and

(b)has a common seal; and

(c)may sue and be sued in its corporate name.

(2)A National Board represents the State.

sch s 31A ins 2017 No. 32s 5

32Powers of National Board

(1)Subject to subsection (2), a National Board has the powers necessary to enable it to exercise its functions.

(2)A National Board does not have power to—

(a)enter into contracts; or

(b)employ staff; or

(c)acquire, hold, dispose of, and deal with, real property.

(3)The National Board may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—

(a)a government agency of a participating jurisdiction or of the Commonwealth;

(b)a local registration authority;

(c)a co-regulatory authority;

(d)a health complaints entity;

(e)an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.

(4)In particular, the National Board may—

(a)ask an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and

(b)use the information to exercise its functions under this Law.

(5)An entity referred to in subsection (3) that receives a request for information from the National Board is authorised to give the information to the National Board.

33Membership of National Boards

(1)A National Board is to consist of members appointed in writing by the Ministerial Council.

(2)Members of a National Board are to be appointed as practitioner members or community members.

(3)Subject to this section, the Ministerial Council may decide the size and composition of a National Board.

(4)At least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members.

(5)The practitioner members of a National Board must consist of—

(a)at least one member from each large participating jurisdiction; and

(b)at least one member from a small participating jurisdiction.

(c)if the National Board is established for 2 or more health professions—at least one member of each health profession for which the Board is established.

(6)At least 2 of the members of a National Board must be persons appointed as community members.

(7)At least one of the members of a National Board must live in a regional or rural area.

(8)A person cannot be appointed as a member of a National Board if the person is a member of the Agency Board.

(9)One of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council.

(9A)The regulations may prescribe matters relating to the composition of practitioner members for a National Board established for 2 or more health professions.

(10)Schedule 4 sets out provisions relating to a National Board.

(11)In this section—

large participating jurisdiction means any of the following States that is a participating jurisdiction—

(a)New South Wales;

(b)Queensland;

(c)South Australia;

(d)Victoria;

(e)Western Australia.

small participating jurisdiction means any of the following States or Territories that is a participating jurisdiction—

(a)the Australian Capital Territory;

(b)the Northern Territory;

(c)Tasmania.

sch s 33 amd 2017 No. 32s 6; 2022 No. 22s 47

34Eligibility for appointment

(1)In deciding whether to appoint a person as a member of a National Board, the Ministerial Council is to have regard to the skills and experience of the person that are relevant to the Board’s functions.

(2)A person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in a health profession for which the Board is established.

(3)A person is eligible to be appointed as a community member only if the person is not, and has not at any time been, a health practitioner in a health profession for which the Board is established.

(4)A person is not eligible to be appointed as a member of a National Board if—

(a)in the case of appointment as a practitioner member—the person has, whether before or after the commencement of this Law, as a result of the person’s misconduct, impairment or incompetence, ceased to be registered as a health practitioner in a health profession for which the Board is established; or

(b)in any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member.

sch s 34 amd 2017 No. 32s 7

35Functions of National Boards

(1)The functions of a National Board established for a health profession are as follows—

(a)to register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession;

(b)to decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession;

(c)to develop or approve standards, codes and guidelines for the health profession, including—

(i)the approval of accreditation standards developed and submitted to it by an accreditation authority; and

(ii)the development of registration standards for approval by the Ministerial Council; and

(iii)the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession;

(d)to approve accredited programs of study as providing qualifications for registration or endorsement in the health profession;

(e)to oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia;

(f)to negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement;

(g)to oversee the receipt, assessment and investigation of notifications about persons who—

(i)are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or

(ii)are students in the health profession;

(h)to establish panels to conduct hearings about—

(i)health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and

(ii)health matters in relation to students registered by the Board;

(i)to refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions;

(j)to oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students;

(k)to make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession;

(l)in conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession;

(m)in conjunction with the National Agency, to keep an up-to-date national register of students for the health profession;

(n)at the Board’s discretion, to provide financial or other support for health programs for registered health practitioners and students;

(o)to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession;

(p)if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme;

(q)to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;

(r)any other function given to the Board by or under this Law.

(2)For the purposes of subsection (1)(g)-(j), the Board’s functions do not include receiving notifications and taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction.

sch s 35 amd 2022 No. 22s 118

36State and Territory Boards

(1)A National Board may establish a committee (a State or Territory Board) for a participating jurisdiction to enable the Board to exercise its functions in the jurisdiction in a way that provides an effective and timely local response to health practitioners and other persons in the jurisdiction.

(2)A State or Territory Board is to be known as the “[Name of participating jurisdiction for which it is established] Board” of the National Board.

(3)The members of a State or Territory Board are to be appointed by the responsible Minister for the participating jurisdiction.

Example.

(a)The Pharmacy Board of Australia decides to establish a State or Territory Board for New South Wales. The State or Territory Board will be known as the New South Wales Board of the Pharmacy Board of Australia. The members of the State or Territory Board will be appointed by the responsible Minister for New South Wales.

(b)The Podiatry Board of Australia decides to establish a State or Territory Board for Queensland and the Northern Territory. The State or Territory Board will be known as the Queensland and Northern Territory Board of the Podiatry Board of Australia. The members of the State or Territory Board will be appointed jointly by the responsible Ministers for Queensland and the Northern Territory.

(4)In deciding whether to appoint a person as a member of a State or Territory Board, the responsible Minister is to have regard to the skills and experience of the person that are relevant to the Board’s functions.

(5)At least half, but not more than two-thirds, of the members of a State or Territory Board must be persons appointed as practitioner members.

(6)At least 2 of the members of a State or Territory Board must be persons appointed as community members.

Note.

See section 299 which provides that subsections (5) and (6) do not apply to a State or Territory Board for a jurisdiction for the first 12 months after the jurisdiction becomes a participating jurisdiction.

(7)Before a responsible Minister appoints a member of a State or Territory Board the vacancy to be filled is to be publicly advertised.

(8)The National Agency may assist a responsible Minister in the process of appointing members of a State or Territory Board, including in the advertising of vacancies.

(9)It is not necessary to advertise a vacancy in the membership of a State or Territory Board before appointing a person to act in the office of a member.

Note.

The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a State or Territory Board.

(10)This section does not limit clause 11 of Schedule 4.

Note.

Clause 11 of Schedule 4 confers power for the establishment of other committees.

37Delegation of functions

(1)A National Board may delegate any of its functions, other than this power of delegation, to—

(a)a committee; or

(b)the National Agency; or

(c)a member of the staff of the National Agency; or

(d)a person engaged as a contractor by the National Agency.

(2)The National Agency may subdelegate any function delegated to the National Agency by a National Board to a member of the staff of the National Agency.

38National board must develop registration standards

(1)A National Board must develop and recommend to the Ministerial Council one or more registration standards about the following matters for a health profession for which the Board is established—

(a)requirements for professional indemnity insurance arrangements for registered health practitioners registered in the profession;

(b)matters about the criminal history of applicants for registration in the profession, and registered health practitioners and students registered in a health profession for which the Board is established, including, the matters to be considered in deciding whether an individual’s criminal history is relevant to the practice of the profession;

(c)requirements for continuing professional development for registered health practitioners registered in the profession;

(d)requirements about the English language skills necessary for an applicant for registration in the profession to be suitable for registration in the profession;

(e)requirements in relation to the nature, extent, period and recency of any previous practice of the profession by applicants for registration in the profession.

(2)Subject to subsection (3), a National Board may also develop, and recommend to the Ministerial Council, one or more registration standards about the following—

(a)the physical and mental health of—

(i)applicants for registration in the profession; and

(ii)registered health practitioners and students;

(b)the scope of practice of health practitioners registered in the profession;

(c)any other issue relevant to the eligibility of individuals for registration in the profession or the suitability of individuals to competently and safely practise the profession.

(3)A registration standard may not be about a matter for which an accreditation standard may provide.

Note.

An accreditation standard for a health profession is used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession. Accreditation standards are developed and approved under Division 3 of Part 6.

sch s 38 amd 2017 No. 32s 87(1) sch 1pt 1

39Codes and guidelines

A National Board may develop and approve codes and guidelines—

(a)to provide guidance to the health practitioners it registers; and

(b)about other matters relevant to the exercise of its functions.

Examples—

1A National Board may develop guidelines about the advertising of regulated health services by health practitioners registered by the Board or other persons for the purposes of section 133.

2To assist a health practitioner in providing practice information under section 132, a National Board may develop guidelines about the information that must be provided to the Board.

sch s 39 amd 2017 No. 32s 8

40Consultation about registration standards, codes and guidelines

(1)If a National Board develops a registration standard or a code or guideline, it must ensure there is wide-ranging consultation about its content.

(2)A contravention of subsection (1) does not invalidate a registration standard, code or guideline.

(3)The following must be published on a National Board’s website—

(a)a registration standard developed by the Board and approved by the Ministerial Council;

(b)a code or guideline approved by the National Board.

(4)An approved registration standard or a code or guideline takes effect—

(a)on the day it is published on the National Board’s website; or

(b)if a later day is stated in the registration standard, code or guideline, on that day.

41Use of registration standards, codes or guidelines in disciplinary proceedings

An approved registration standard for a health profession, or a code or guideline approved by a National Board, is admissible in proceedings under this Law or a law of a co-regulatory jurisdiction against a health practitioner registered in a health profession for which the Board is established as evidence of what constitutes appropriate professional conduct or practice for the health profession.

sch s 41 amd 2017 No. 32s 87(1) sch 1pt 1

42Definition

In this Part—

accreditation function means—

(a)developing accreditation standards for approval by a National Board; or

(b)assessing programs of study, and the education providers that provide the programs of study, to determine whether the programs meet approved accreditation standards; or

(c)assessing authorities in other countries who conduct examinations for registration in a health profession, or accredit programs of study relevant to registration in a health profession, to decide whether persons who successfully complete the examinations or programs of study conducted or accredited by the authorities have the knowledge, clinical skills and professional attributes necessary to practise the profession in Australia; or

(d)overseeing the assessment of the knowledge, clinical skills and professional attributes of overseas qualified health practitioners who are seeking registration in a health profession under this Law and whose qualifications are not approved qualifications for the health profession; or

(e)making recommendations and giving advice to a National Board about a matter referred to in paragraph (a), (b), (c) or (d).

43Accreditation authority to be decided

(1)The National Board established for a health profession must decide whether an accreditation function for the health profession for which the Board is established is to be exercised by—

(a)an external accreditation entity; or

(b)a committee established by the Board.

Note.

See sections 253 and 301 which provide for the performance of accreditation functions for a health profession by external accreditation authorities appointed by the Ministerial Council for a period after the commencement of this Law.

(2)The National Agency may charge an entity the relevant fee for the exercise of an accreditation function by an accreditation committee.

44National Agency may enter into contracts with external accreditation entities

The National Agency may enter into a contract with an external accreditation entity for the performance by the entity of an accreditation function for a health profession only if the terms of the contract are in accordance with the health profession agreement between the National Agency and the National Board established for that profession.

45Accreditation processes to be published

Each accreditation authority must publish on its website or, if the authority is an accreditation committee, the website of the National Board that established the committee, how it will exercise its accreditation function.

46Development of accreditation standards

(1)An accreditation standard for a health profession may be developed by—

(a)an external accreditation entity for the health profession; or

(b)an accreditation committee established by the National Board established for the health profession.

(2)In developing an accreditation standard for a health profession, an accreditation authority must undertake wide-ranging consultation about the content of the standard.

47Approval of accreditation standards

(1)An accreditation authority must, as soon as practicable after developing an accreditation standard for a health profession, submit it to the National Board established for the health profession.

(2)As soon as practicable after a National Board receives an accreditation standard under subsection (1), the Board must decide to—

(a)approve the accreditation standard; or

(b)refuse to approve the accreditation standard; or

(c)ask the accreditation authority to review the standard.

(3)If the National Board decides to approve the accreditation standard it must give written notice of the approval to—

(a)the National Agency; and

(b)the accreditation authority that submitted the standard to the Board.

(4)If the National Board decides to refuse to approve the accreditation standard—

(a)it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the standard; and

(b)the accreditation authority is entitled to publish any information or advice it gave the Board about the standard.

(5)If the National Board decides to ask the accreditation authority to review the standard it must give the authority a written notice that—

(a)states that the authority is being asked to review the standard; and

(b)identifies the matters the authority is to address before again submitting the standard to the Board.

(6)An accreditation standard approved by a National Board must be published on its website.

(7)An accreditation standard takes effect—

(a)on the day it is published on the National Board’s website; or

(b)if a later day is stated in the standard, on that day.

48Accreditation of programs of study

(1)An accreditation authority for a health profession may accredit a program of study if, after assessing the program, the authority is reasonably satisfied—

(a)the program of study, and the education provider that provides the program of study, meet an approved accreditation standard for the profession; or

(b)the program of study, and the education provider that provides the program of study, substantially meet an approved accreditation standard for the profession and the imposition of conditions on the approval will ensure the program meets the standard within a reasonable time.

(2)If the accreditation authority decides to accredit a program of study, with or without conditions, it must give to the National Board established for the health profession a report about the authority’s accreditation of the program.

(3)If the accreditation authority decides to refuse to accredit a program of study it must give written notice of the decision to the education provider that provides the program of study.

(4)The notice must state—

(a)the reasons for the decision; and

(b)that, within 30 days after receiving the notice, the education provider may apply to the accreditation authority for an internal review of the decision; and

(c)how the education provider may apply for the review.

(5)An education provider given a notice under subsection (3) may apply, as stated in the notice, for an internal review of the accreditation authority’s decision to refuse to accredit the program of study.

(6)The internal review must not be carried out by a person who assessed the program of study for the accreditation authority.

49Approval of accredited programs of study

(1)If a National Board is given a report by an accreditation authority about the authority’s accreditation of a program of study, the Board may approve, or refuse to approve, the accredited program of study as providing a qualification for the purposes of registration in a health profession for which the Board is established.

(2)An approval under subsection (1) may be granted subject to the conditions the National Board considers necessary or desirable in the circumstances.

(3)If the National Board decides to approve the accredited program of study it must give written notice of the approval to—

(a)the National Agency for inclusion of the program of study in the list under subsection (5); and

(b)the accreditation authority that submitted the program to the Board.

(4)If the National Board decides to refuse to approve the accredited program of study—

(a)it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the program; and

(b)the accreditation authority is entitled to publish any information or advice it gave the Board about the program.

(5)A list of the programs of study approved by a National Board as providing a qualification for registration in a health profession for which the Board is established must be published on the National Agency’s website.

(6)The list of approved programs of study published under subsection (5) must include, for each program of study, the name of the university, specialist medical or other college or other education provider that provides the approved program of study.

(7)An approval under subsection (1) does not take effect until the program of study is included in the list published under subsection (5).

sch s 49 amd 2017 No. 32s 87(1) sch 1pt 1

50Accreditation authority to monitor approved programs of study

(1)The accreditation authority that accredited an approved program of study must monitor the program and the education provider that provides the program to ensure the authority continues to be satisfied the program and provider meet an approved accreditation standard for the health profession.

(2)If the accreditation authority reasonably believes the program of study and education provider no longer meet an approved accreditation standard for the health profession, the accreditation authority must—

(a)decide to—

(i)impose the conditions on the accreditation that the accreditation authority considers necessary to ensure the program of study will meet the standard within a reasonable time; or

(ii)revoke the accreditation of the program of study; and

(b)give the National Board that approved the accredited program of study written notice of the accreditation authority’s decision.

51Changes to approval of program of study

(1)If a National Board is given notice under section 50(2)(b) that an accreditation authority has revoked the accreditation of a program of study approved by the Board, the Board’s approval of the program is taken to have been cancelled at the same time the accreditation was revoked.

(2)If a National Board reasonably believes, because of a notice given to the Board under section 50(2)(b) or for any other reason, that an accredited program of study approved by the Board no longer provides a qualification for the purposes of registration in a health profession for which the Board is established, the Board may decide to—

(a)impose the conditions the Board considers necessary or desirable on the approval of the accredited program of study to ensure the program provides a qualification for the purposes of registration; or

(b)cancel its approval of the accredited program of study.

(3)If a National Board makes a decision under subsection (2), it must give written notice of the decision, including the reasons for the decision, to the accreditation authority that accredited the program.

sch s 51 amd 2017 No. 32s 87(1) sch 1pt 1

52Eligibility for general registration

(1)An individual is eligible for general registration in a health profession if—

(a)the individual is qualified for general registration in the health profession; and

(b)the individual has successfully completed—

(i)any period of supervised practice in the health profession required by an approved registration standard for the health profession; or

(ii)any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the profession; and

(c)the individual is a suitable person to hold general registration in the health profession; and

(d)the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and

(e)the individual meets any other requirements for registration stated in an approved registration standard for the health profession.

(2)Without limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for general registration in the profession by doing either or both of the following—

(a)imposing conditions on the registration under section 83;

(b)accepting an undertaking from the individual under section 83A.

sch s 52 amd 2022 No. 22s 60

53Qualifications for general registration

An individual is qualified for general registration in a health profession if—

(a)the individual holds an approved qualification for the health profession; or

(b)the individual holds a qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification; or

(c)the individual holds a qualification, not referred to in paragraph (a) or (b), relevant to the health profession and has successfully completed an examination or other assessment required by the National Board for the purpose of general registration in the health profession; or

(d)the individual—

(i)holds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for general registration (however described) in the health profession; and

(ii)was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification.

54Examination or assessment for general registration

For the purposes of section 52(1)(b)(ii), if a National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.

55Unsuitability to hold general registration

(1)A National Board may decide an individual is not a suitable person to hold general registration in a health profession if—

(a)in the Board’s opinion, the individual has an impairment that would detrimentally affect the individual’s capacity to practise the profession to such an extent that it would or may place the safety of the public at risk; or

(b)having regard to the individual’s criminal history to the extent that is relevant to the individual’s practice of the profession, the individual is not, in the Board’s opinion, an appropriate person to practise the profession or it is not in the public interest for the individual to practise the profession; or

(c)the individual has previously been registered under a relevant law and during the period of that registration proceedings under Part 8, or proceedings that substantially correspond to proceedings under Part 8, were started against the individual but not finalised; or

(d)in the Board’s opinion, the individual’s competency in speaking or otherwise communicating in English is not sufficient for the individual to practise the profession; or

(e)the individual’s registration (however described) in the health profession in a jurisdiction that is not a participating jurisdiction, whether in Australia or elsewhere, is currently suspended or cancelled on a ground for which an adjudication body could suspend or cancel a health practitioner’s registration in Australia; or

(f)the nature, extent, period and recency of any previous practice of the profession is not sufficient to meet the requirements specified in an approved registration standard relevant to general registration in the profession; or

(g)the individual fails to meet any other requirement in an approved registration standard for the profession about the suitability of individuals to be registered in the profession or to competently and safely practise the profession; or

(h)in the Board’s opinion, the individual is for any other reason—

(i)not a fit and proper person for general registration in the profession; or

(ii)unable to practise the profession competently and safely.

(2)In this section—

relevant law means—

(a)this Law or a corresponding prior Act; or

(b)the law of another jurisdiction, whether in Australia or elsewhere.

56Period of general registration

(1)The period of registration that is to apply to a health practitioner granted general registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.

(2)If the National Board decides to register a health practitioner in the health profession during a registration period, the registration—

(a)starts—

(i)if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii)otherwise—when the Board makes the decision; and

(b)expires at the end of the last day of the registration period.

sch s 56 amd 2017 No. 32s 9; 2022 No. 22s 55

57Eligibility for specialist registration

(1)An individual is eligible for specialist registration in a recognised specialty in a health profession if—

(a)the individual is qualified for registration in the specialty; and

(b)the individual has successfully completed—

(i)any period of supervised practice in the specialty required by an approved registration standard for the health profession; or

(ii)any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the specialty; and

(c)the individual is a suitable person to hold registration in the health profession; and

(d)the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the specialty; and

(e)the individual meets any other requirements for registration stated in an approved registration standard for the specialty.

(2)Without limiting subsection (1), the National Board may decide the individual is eligible for registration in the recognised specialty by doing either or both of the following—

(a)imposing conditions on the registration under section 83;

(b)accepting an undertaking from the individual under section 83A.

sch s 57 amd 2022 No. 22s 61

58Qualifications for specialist registration

An individual is qualified for specialist registration in a recognised specialty in a health profession if the individual—

(a)holds an approved qualification for the specialty; or

(b)holds another qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification for the specialty; or

(c)holds a qualification, not referred to in paragraph (a) or (b), relevant to the specialty and has successfully completed an examination or other assessment required by the National Board for the purpose of registration in the specialty; or

(d)the individual—

(i)holds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for specialist registration (however described) in the specialty; and

(ii)was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification for the specialty.

59Examination or assessment for specialist registration

For the purposes of section 57(1)(b)(ii), if the National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.

60Unsuitability to hold specialist registration

(1)Section 55 applies to the making of a decision by a National Board that an individual is not a suitable person to hold specialist registration in a recognised specialty.

(2)For the purposes of subsection (1), a reference in section 55 to—

(a)general registration in the health profession is taken to be a reference to specialist registration in a recognised specialty; and

(b)the health profession is taken to be a reference to the recognised specialty.

61Period of specialist registration

(1)The period of registration that is to apply to a health practitioner granted specialist registration in a recognised specialty in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.

(2)If the National Board decides to register a health practitioner in a recognised specialty for the health profession during a registration period, the specialist registration—

(a)starts—

(i)if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii)otherwise—when the Board makes the decision; and

(b)expires at the end of the last day of the registration period.

sch s 61 amd 2022 No. 22s 56

62Eligibility for provisional registration

(1)An individual is eligible for provisional registration in a health profession, to enable the individual to complete a period of supervised practice that the individual requires to be eligible for general registration in the health profession, if—

(a)the individual is qualified for general registration in the profession; and

(b)the individual is a suitable person to hold provisional registration in the profession; and

(c)the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for, or being registered in, the profession; and

(d)the individual meets any other requirements for registration stated in an approved registration standard for the health profession.

(2)Without limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for provisional registration in the health profession by doing either or both of the following—

(a)imposing conditions on the registration under section 83;

(b)accepting an undertaking from the individual under section 83A.

sch s 62 amd 2022 No. 22s 62

63Unsuitability to hold provisional registration

(1)Section 55 applies to a decision by a National Board that an individual is not a suitable person to hold provisional registration in a health profession.

(2)For the purposes of subsection (1), a reference in section 55 to general registration in the health profession is taken to be a reference to provisional registration in the health profession.

64Period of provisional registration

(1)The period of registration (the registration period) that is to apply to a health practitioner granted provisional registration in a health profession is—

(a)the period decided by the National Board established for the profession, but not more than 12 months, and published on the Board’s website; or

(b)the longer period prescribed by a regulation.

(2)If the National Board decides to register a health practitioner in the health profession during a registration period, the registration—

(a)starts—

(i)if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii)otherwise—when the Board makes the decision; and

(b)expires at the end of the last day of the registration period.

(3)Provisional registration may not be renewed more than twice.

Note.

If an individual were not able to complete the supervised practice the individual requires for general registration in a health profession during the period consisting of the individual’s initial period of registration and 2 renewals of that registration, the individual would need to make a new application for provisional registration in the profession.

sch s 64 amd 2022 No. 22s 57

65Eligibility for limited registration

(1)An individual is eligible for limited registration in a health profession if—

(a)the individual is not qualified for general registration in the profession or specialist registration in a recognised speciality in the profession; and

(b)the individual is qualified under this Division for limited registration; and

(c)the individual is a suitable person to hold limited registration in the profession; and

(d)the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and

(e)the individual meets any other requirements for registration stated in an approved registration standard for the health profession.

(1A)Subsection (1B) applies if—

(a)an individual is registered in a health profession for which divisions are included in the National Register kept for the profession; and

(b)the individual holds general or limited registration in a division.

(1B)Despite subsection (1)(a) and (b), the individual is eligible for limited registration in another division of the profession if the individual—

(a)is not qualified for general registration under the other division; and

(b)is qualified under this Division for limited registration under the other division.

(2)Without limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for limited registration in the profession by doing either or both of the following—

(a)imposing conditions on the registration under section 83;

(b)accepting an undertaking from the individual under section 83A.

sch s 65 amd 2017 No. 32s 10; 2022 No. 22s 63

66Limited registration for postgraduate training or supervised practice

(1)An individual may apply for limited registration to enable the individual to undertake a period of postgraduate training or supervised practice in a health profession, or to undertake assessment or sit an examination, approved by the National Board established for the profession.

(2)The individual is qualified for the limited registration applied for if the National Board is satisfied the individual has completed a qualification that is relevant to, and suitable for, the postgraduate training, supervised practice, assessment or examination.

67Limited registration for area of need

(1)An individual may apply for limited registration to enable the individual to practise a health profession in an area of need decided by the responsible Minister under subsection (5).

(2)The individual is qualified for the limited registration applied for if the National Board is satisfied the individual’s qualifications and experience are relevant to, and suitable for, the practice of the profession in the area of need.

(3)The National Board must consider the application but is not required to register the individual merely because there is an area of need.

(4)If the National Board grants the individual limited registration to enable the individual to practise the profession in the area of need, the individual must not practise the profession other than in the area of need specified in the individual’s certificate of registration.

(5)A responsible Minister for a participating jurisdiction may decide there is an area of need for health services in the jurisdiction, or part of the jurisdiction, if the Minister considers there are insufficient health practitioners practising in a particular health profession in the jurisdiction or the part of the jurisdiction to provide services that meet the needs of people living in the jurisdiction or the part of the jurisdiction.

(6)If a responsible Minister decides there is an area of need under subsection (5), the responsible Minister must give the National Board established for the health profession written notice of the decision.

(7)A responsible Minister may delegate the Minister’s power under this section to an appropriately qualified person.

(8)In this section—

appropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power.

health services means the provision of services by health practitioners in a particular health profession.

68Limited registration in public interest

(1)An individual may apply for limited registration to enable the individual to practise a health profession for a limited time, or for a limited scope, in the public interest.

(2)The individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied it is in the public interest for an individual with the individual’s qualifications and experience to practise the profession for that time or scope.

69Limited registration for teaching or research

(1)An individual may apply for limited registration in a health profession to enable the individual to fill a teaching or research position.

(2)The individual is qualified for the limited registration applied for if the National Board established for the health profession is satisfied the individual’s qualifications are relevant to, and suitable for, the position.

70Unsuitability to hold limited registration

(1)Section 55 applies to a decision by a National Board that an individual is not a suitable person to hold limited registration in a health profession.

(2)For the purposes of subsection (1), a reference in section 55 to general registration in the health profession is taken to be a reference to limited registration in the health profession.

71Limited registration not to be held for more than one purpose

(1)Subsection (2) applies to a health profession for which a division is not included in the National Register kept for the profession.

(2)An individual registered in the health profession may not hold limited registration in the same health profession for more than one purpose under this Division at the same time.

(3)Subsection (4) applies to a health profession for which divisions are included in the National Register kept for the profession.

(4)An individual registered in the health profession may not hold limited registration in the same division of the profession for more than one purpose under this Division at the same time.

sch s 71 sub 2017 No. 32s 11

72Period of limited registration

(1)The period of registration that is to apply to a health practitioner granted limited registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.

(2)If the National Board decides to register a health practitioner in the health profession during a registration period, the registration—

(a)starts—

(i)if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii)otherwise—when the Board makes the decision; and

(b)expires at the end of the last day of the registration period.

(3)Limited registration may not be renewed more than 3 times.

Note.

If an individual had been granted limited registration in a health profession for a purpose under this Division, had subsequently renewed the registration in the profession for that purpose 3 times and at the end of the period wished to continue holding limited registration in the profession for that purpose, the individual would need to make a new application for limited registration in the profession for that purpose.

sch s 72 amd 2022 No. 22s 58

73Eligibility for non-practising registration

An individual is eligible for non-practising registration in a health profession if—

(a)the individual—

(i)holds or has held general registration in the health profession under this Law; or

(ii)holds or has held specialist registration in a recognised speciality in the health profession under this Law; or

(iii)held registration in the health profession under a corresponding prior Act that was equivalent to general registration or specialist registration in the health profession under this Law;

(b)the individual is a suitable person to hold non-practising registration in the profession.

74Unsuitability to hold non-practising registration

A National Board may decide an individual is not a suitable person to hold non-practising registration in a health profession if—

(a)having regard to the individual’s criminal history to the extent that is relevant to the individual’s practise of the profession, the individual is not, in the Board’s opinion, an appropriate person to hold registration in the profession or it is not in the public interest for the individual to hold registration in the profession; or

(aa)the person’s registration has been withdrawn by a National Board under section 85A; or

(b)in the Board’s opinion, the individual is for any other reason not a fit and proper person to hold non-practising registration in the profession.

sch s 74 amd 2022 No. 22s 69

75Registered health practitioner who holds non-practising registration must not practise the profession

(1)A registered health practitioner who holds non-practising registration in a health profession must not practise the profession.

(2)A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

76Period of non-practising registration

(1)The period of registration that is to apply to a health practitioner granted non-practising registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.

(2)If the National Board decides to register a health practitioner in the health profession during a registration period, the registration—

(a)starts—

(i)if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii)otherwise—when the Board makes the decision; and

(b)expires at the end of the last day of the registration period.

sch s 76 amd 2022 No. 22s 59

77Application for registration

(1)An individual may apply to a National Board for registration in a health profession for which the Board is established.

(2)An application must—

(a)be in the form approved by the National Board; and

(b)be accompanied by the relevant fee; and

(c)be accompanied by proof of the applicant’s identity; and

(d)be accompanied by any other information reasonably required by the Board.

(3)Without limiting subsection (2)(a), a form approved by a National Board for the purposes of that subsection must require an applicant—

(a)to provide a declaration about—

(i)the address at which the applicant will predominantly practise the profession; or

(ii)if the applicant will not be practising the profession or will not predominantly practise the profession at one address, the address that is the applicant’s principal place of residence; and

(b)to provide an address to be used by the Board in corresponding with the applicant; and

(c)to disclose the applicant’s criminal history; and

(d)to authorise the Board to obtain the applicant’s criminal history.

Note.

See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.

(4)A criminal history law does not apply to the requirement under subsection (3)(c) for the applicant to disclose the applicant’s criminal history.

(5)Information in the application must, if the approved form requires, be verified by a statutory declaration.

sch s 77 amd 2017 No. 32s 87(1) sch 1pt 1

78Power to check applicant’s proof of identity

(1)If an applicant for registration gives a National Board a document as evidence of the applicant’s identity under this section, the Board may, by written notice, ask the entity that issued the document—

(a)to confirm the validity of the document; or

(b)to give the Board other information relevant to the applicant’s identity.

(2)An entity given a notice under subsection (1) is authorised to give the National Board the information requested in the notice.

79Power to check applicant’s criminal history

(1)Before deciding an application for registration, a National Board must check the applicant’s criminal history.

(2)For the purposes of checking an applicant’s criminal history, a National Board may obtain a written report about the criminal history of the applicant from any of the following—

(a)ACC;

(b)a police commissioner;

(c)an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.

(3)A criminal history law does not apply to a report about an applicant’s criminal history under subsection (2).

sch s 79 amd 2017 No. 32s 12

80Boards’ other powers before deciding application for registration

(1)Before deciding an application for registration, a National Board may—

(a)investigate the applicant, including, for example, by asking an entity—

(i)to give the Board information about the applicant; or

(ii)to verify information or a document that relates to the applicant;

Examples—

If the applicant is or has been registered by another registration authority, the National Board may ask the registration authority for information about the applicant’s registration status.

The National Board may ask an entity that issued qualifications that the applicant believes qualifies the applicant for registration for confirmation that the qualification was issued to the applicant.

(b)by written notice given to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; and

(c)by written notice given to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; and

(d)by written notice given to the applicant, require the applicant to undergo an examination or assessment, within a reasonable time stated in the notice and at a reasonable place, to assess the applicant’s ability to practise the health profession in which registration is sought; and

(e)by written notice given to the applicant, require the applicant to undergo a health assessment, within a reasonable time stated in the notice and at a reasonable place.

(2)The National Board may require the information or document referred to in subsection (1)(b) to be verified by a statutory declaration.

(3)If the National Board requires an applicant to undertake an examination or assessment under subsection (1)(d) to assess the applicant’s ability to practise the health profession—

(a)the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise; and

(b)the National Agency may require the applicant to pay the relevant fee.

(4)A notice under subsection (1)(d) or (e) must state—

(a)the reason for the examination or assessment; and

(b)the name and qualifications of the person appointed by the National Board to conduct the examination or assessment; and

(c)the place where, and the day and time at which, the examination or assessment is to be conducted.

(5)The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1).

81Applicant may make submissions about proposed refusal of application or imposition of condition

(1)If, after considering an application for registration, a National Board is proposing to refuse to register the applicant or to register the applicant subject to a condition, the Board must give the applicant written notice of the proposal.

(2)The notice must—

(a)state the reasons for the proposal; and

(b)invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.

82Decision about application

(1)After considering an application for registration and any submissions made in accordance with a notice under section 81, a National Board established for a health profession must—

(a)decide to grant the applicant the type of registration in the health profession applied for if the applicant is eligible for that type of registration under a relevant section; or

(b)decide to grant the applicant a type of registration in the health profession, other than the type of registration applied for, for which the applicant is eligible under a relevant section; or

(c)decide to refuse to grant the applicant registration in the health profession if—

(i)the applicant is ineligible for registration in the profession under a relevant section because the applicant—

(A)is not qualified for registration; or

(B)has not completed a period of supervised practice in the health profession, or an examination or assessment required by the Board to assess the individual’s ability to practise the profession; or

(C)is not a suitable person to hold registration; or

(D)is disqualified under this Law from applying for registration, or being registered, in the health profession; or

(E)does not meet a requirement for registration stated in an approved registration standard for the profession; or

(ii)it would be improper to register the applicant because the applicant or someone else gave the National Board information or a document in relation to the application that was false or misleading in a material particular.

(2)In this section—

relevant section means section 52, 57, 62, 65 or 73.

83Conditions of registration

(1)If a National Board decides to register a person in a health profession for which the Board is established, the registration is subject to any condition the Board considers necessary or desirable in the circumstances.

Note.

A failure by a registered health practitioner to comply with a condition of the practitioner’s registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(2)If the National Board decides to register the person subject to a condition referred to in subsection (1), the Board must decide a review period for the condition.

sch s 83 amd 2017 No. 32s 87(1) sch 1pt 1

83AUndertakings at registration

If a National Board decides to register a person in a health profession for which the Board is established, the Board may accept any undertaking from the person the Board considers necessary or desirable in the circumstances.

sch s 83A ins 2022 No. 22s 64

84Notice to be given to applicant

(1)Within 30 days after making the decision under section 82, the National Board must—

(a)give the applicant written notice of the Board’s decision; and

(b)if the Board decides to register the applicant, give the applicant a certificate of registration.

(2)If the Board decides not to register the applicant, or decides to register the applicant in a type of registration other than the registration applied for or subject to a condition, the notice under subsection (1)(a) must state—

(a)the reasons for the decision; and

(b)that the applicant may appeal against the decision; and

(c)how an application for appeal may be made and the period within which the application must be made.

85Failure to decide application

If a National Board fails to decide an application for registration within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to register the applicant.

sch pt 7 div 6A hdg ins 2022 No. 22s 70

85APower to withdraw registration

A National Board may withdraw the registration of a registered health practitioner registered in a health profession for which the Board is established if the Board reasonably believes the practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.

sch s 85A ins 2022 No. 22s 70

85BRegistered health practitioner may make submissions about proposed withdrawal of registration

(1)If a National Board is proposing to withdraw a registered health practitioner’s registration under section 85A, the Board must give the practitioner written notice of the proposal.

(2)The notice must—

(a)state the reasons for the proposal; and

(b)invite the registered health practitioner to make a written or verbal submission to the National Board, within the reasonable time stated in the notice, about the proposal.

(3)This section does not prevent a National Board from taking immediate action under Division 7 of Part 8 in relation to the registered health practitioner.

sch s 85B ins 2022 No. 22s 70

85CDecision about withdrawal of registration

After considering any submissions made in accordance with a notice under section 85B, the National Board must—

(a)decide—

(i)the registration was not improperly obtained on the ground the registered health practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and

(ii)no further action is to be taken; or

(b)decide the registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular and do one or more of the following—

(i)withdraw the practitioner’s registration;

(ii)refer the matter to a responsible tribunal;

(iii)take other appropriate action under Part 8.

sch s 85C ins 2022 No. 22s 70

85DNotice to be given to registered health practitioner

(1)The National Board must give the registered health practitioner written notice of the Board’s decision under section 85C as soon as practicable, but no later than 30 days after making the decision.

(2)If the National Board decides to withdraw the registered health practitioner’s registration, the notice must state—

(a)the reasons for the decision; and

(b)that the practitioner may appeal against the decision; and

(c)how the application for appeal may be made and the period within which the application must be made.

Note—

If, under section 85C(b)(ii) or (iii), the National Board decides to refer the matter to a responsible tribunal or take other appropriate action under Part 8, notice of the referral or other action will be given to the registered health practitioner under the relevant provision of Part 8.

sch s 85D ins 2022 No. 22s 70

85EWhen decision takes effect

The decision by the National Board to withdraw a person’s registration takes effect on—

(a)the day notice of the Board’s decision is given to the person; or

(b)the later day stated in the notice.

sch s 85E ins 2022 No. 22s 70

86Definitions

In this Subdivision—

approved program of study, for a health profession, does not include an approved program of study that provides a qualification for endorsement of registration in the profession but does not qualify a person for registration in the profession.

particulars means particulars required to be included in the student register.

87National Board must register persons undertaking approved program of study

(1)The National Board established for a health profession must decide whether persons who are undertaking an approved program of study for the health profession must be registered—

(a)for the entire period during which the persons are enrolled in the approved program of study; or

(b)for the period starting when the persons begin a particular part of the approved program of study and ending when the persons complete, or otherwise cease to be enrolled in, the program.

(2)In deciding whether to register persons undertaking an approved program of study for the entire period of the program of study or only part of the period, the National Board must have regard to—

(a)the likelihood that persons undertaking the approved program of study will, in the course of undertaking the program, have contact with members of the public; and

(b)if it is likely that the persons undertaking the approved program of study will have contact with members of the public—

(i)when in the approved program of study it is likely the persons will have contact with members of the public; and

(ii)the potential risk that contact may pose to members of the public.

88National Board may ask education provider for list of persons undertaking approved program of study

(1)For the purposes of registering persons as required by section 87, a National Board may, at any time by written notice given to an education provider, ask the provider for the following—

(a)the particulars of all persons who are undertaking an approved program of study for a health profession for which the Board is established;

(b)the particulars of all persons who will be undertaking the part of the approved program of study specified in the notice.

(2)An education provider given a notice under subsection (1) must not fail, without reasonable excuse, to comply with the notice.

(3)A contravention of subsection (2) does not constitute an offence.

(4)However, if an education provider does not comply with a notice under subsection (1)—

(a)the National Board that gave the education provider the notice must publish details of the failure to comply with the notice on the Board’s website; and

(b)the National Agency may, on the recommendation of the National Board, include a statement about the failure to comply with the notice in the Agency’s annual report.

sch s 88 amd 2017 No. 32s 87(1) sch 1pt 1

89Registration of students

(1)On receipt of the particulars of persons undertaking an approved program of study, or part of an approved program of study, under section 88—

(a)the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or

(b)the National Board may—

(i)by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and

(ii)on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.

(2)The National Board must not register a person as a student if the person is undertaking an approved program of study for a health profession in which the person already holds registration under Division 6.

(3)The National Board must not require a person to pay a fee for registration as a student.

(4)As soon as practicable after registering a person as a student, a National Board must give written notice of the registration to—

(a)the education provider that provided the student’s particulars to the Board; and

(b)if the Board required the person to complete an application form for registration, the student.

(5)As soon as practicable after receiving notice that a student has been registered under subsection (1)(a), the education provider must give written notice of the registration to the student.

90Period of student registration

The period of registration for a student—

(a)starts when the student is registered under section 89; and

(b)expires at the end of the day on which the student completes, or otherwise ceases to be enrolled in, the approved program of study.

91Education provider to provide lists of persons

(1)If an education provider arranges clinical training in a health profession for a person who is not enrolled in an approved program of study for the profession, the education provider must give the National Board established for the profession written notice about the arrangement.

(2)Subsection (1) does not apply if the person is a registered health practitioner who is registered in the health profession in which the clinical training is being undertaken.

(3)A notice under subsection (1) must include—

(a)the particulars of the person undertaking the clinical training, and

(b)particulars of the arrangement for the person to undertake the clinical training.

(4)On receipt of a notice under subsection (1)—

(a)the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or

(b)the National Board may—

(i)by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and

(ii)on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.

(5)As soon as practicable after registering a person as a student under subsection (4), a National Board must give written notice of the registration to the education provider that provided the student’s particulars to the Board.

(6)The National Board must not require a person to pay a fee for registration as a student.

(7)A student’s period of registration under this section—

(a)starts when the student is registered under subsection (4); and

(b)expires at the end of the day on which the person completes, or otherwise ceases to undertake, the period of clinical training.

92Notice to be given if student registration suspended or condition imposed

(1)This section applies if, at any time, any of the following events occurs—

(a)a person’s registration as a student under this Law is suspended;

(b)a condition is imposed on a person’s registration as a student under this Law or a condition to which a person’s registration is subject is changed or removed;

(c)a National Board accepts an undertaking from a person who is a student.

(2)The National Board established for the person’s health profession must, as soon as practicable after the event occurs, give written notice of the event to the education provider with which the person is undertaking the approved program of study.

(3)If an education provider is given a notice under subsection (2) about a person, the education provider must, as soon as practicable after receiving the notice, give notice of the event to any entity with whom the person is undertaking training as part of the approved program of study.

sch s 92 amd 2017 No. 32s 87(1) sch 1pt 1

93Report to National Board of cessation of status as student

(1)This section applies if—

(a)a student completes, or otherwise ceases to be enrolled in, an approved program of study for a health profession provided by an education provider; or

(b)a student completes, or otherwise ceases to undertake, clinical training in a health profession arranged by an education provider.

(2)The education provider must give written notice of the student ceasing to be enrolled in the program of study, or to undertake the clinical training, to the National Board established for the health profession within 60 days of it occurring.

(3)A contravention of subsection (2) does not constitute an offence.

(4)However, if an education provider contravenes subsection (2)—

(a)the National Board must publish details of the contravention on the Board’s website; and

(b)the National Agency may, on the recommendation of the National Board, include a statement about the contravention in the Agency’s annual report.

94Endorsement for scheduled medicines

(1)A National Board may, in accordance with an approval given by the Ministerial Council under section 14, endorse the registration of a registered health practitioner registered in a health profession for which the Board is established, as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines if the practitioner—

(a)holds either of the following qualifications relevant to the endorsement—

(i)an approved qualification;

(ii)another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and

(b)complies with any approved registration standard relevant to the endorsement.

Note.

The endorsement of a health practitioner’s registration under this section indicates the practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of medicines specified in the endorsement but does not authorise the practitioner to do so. The authorisation of a health practitioner to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines in a participating jurisdiction will be provided for by or under another Act of that jurisdiction.

Health practitioners registered in certain health professions will be authorised to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines by or under an Act of a participating jurisdiction without the need for the health practitioners to hold an endorsement under this Law.

(2)An endorsement under subsection (1) must state—

(a)the scheduled medicine or class of scheduled medicines to which the endorsement relates; and

(b)whether the registered health practitioner is qualified to administer, obtain, possess, prescribe, sell, supply or use the scheduled medicine or class of scheduled medicines; and

(c)if the endorsement is for a limited period, the date the endorsement expires.

sch s 94 amd 2017 No. 32s 87(1) sch 1pt 1

95Endorsement as nurse practitioner

(1)The National Board for the nursing profession may endorse the registration of a registered health practitioner whose name is included in the Register of Nurses as being qualified to practise as a nurse practitioner if the practitioner—

(a)holds either of the following qualifications relevant to the endorsement—

(i)an approved qualification;

(ii)another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and

(b)complies with any approved registration standard relevant to the endorsement.

(2)An endorsement under subsection (1) must state—

(a)that the registered health practitioner is entitled to use the title “nurse practitioner”; and

(b)any conditions applicable to the practice by the registered health practitioner as a nurse practitioner.

sch s 95 amd 2017 No. 32s 13

97Endorsement for acupuncture

(1)A National Board may endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise as an acupuncturist if the practitioner—

(a)holds either of the following qualifications relevant to the endorsement—

(i)an approved qualification;

(ii)another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and

(b)complies with an approved registration standard relevant to the endorsement.

(2)An endorsement under subsection (1) must state—

(a)that the registered health practitioner is entitled to use the title “acupuncturist”; and

(b)any conditions applicable to the practice of acupuncture by the registered health practitioner.

sch s 97 amd 2017 No. 32s 87(1) sch 1pt 1

98Endorsement for approved area of practice

(1)A National Board established for a health profession may, in accordance with an approval given by the Ministerial Council under section 15, endorse the registration of a registered health practitioner registered in a health profession for which the Board is established as being qualified to practise in an approved area of practice for the health profession if the practitioner—

(a)holds either of the following qualifications relevant to the endorsement—

(i)an approved qualification;

(ii)another qualification that, in the Board’s opinion, is substantially equivalent to, or based on similar competencies to, an approved qualification; and

(b)complies with an approved registration standard relevant to the endorsement.

(2)An endorsement under subsection (1) must state—

(a)the approved area of practice to which the endorsement relates; and

(b)any conditions applicable to the practice by the registered health practitioner in the approved area of practice.

sch s 98 amd 2017 No. 32s 87(1) sch 1pt 1

99Application for endorsement

(1)An individual may apply to a National Board for endorsement of the individual’s registration.

(2)The application must—

(a)be in the form approved by the National Board; and

(b)be accompanied by the relevant fee; and

(c)be accompanied by any other information reasonably required by the Board.

(3)For the purposes of subsection (2)(c), the information a National Board may require an applicant to provide includes—

(a)evidence of the qualifications in the health profession the applicant believes qualifies the applicant for endorsement; and

(b)evidence of successful completion of any period of supervised practice required by an approved registration standard; and

(c)if the applicant is required to complete an examination or assessment set by or on behalf of the Board, evidence of the successful completion of the examination or assessment.

100Boards’ other powers before deciding application for endorsement

(1)Before deciding an application for endorsement, a National Board may—

(a)investigate the applicant, including, for example, by asking an entity—

(i)to give the Board information about the applicant; or

(ii)to verify information or a document that relates to the applicant; or

(b)by written notice to the applicant, require the applicant to give the Board, within a reasonable time stated in the notice, further information or a document the Board reasonably requires to decide the application; or

(c)by written notice to the applicant, require the applicant to attend before the Board, within a reasonable time stated in the notice and at a reasonable place, to answer any questions of the Board relating to the application; or

(d)by written notice to the applicant, require the applicant to undergo a written, oral or practical examination, within a reasonable time stated in the notice and at a reasonable place.

(2)The purpose of an examination under subsection (1)(d) must be to assess the applicant’s ability to practise the health profession in accordance with the endorsement sought.

(3)The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1).

101Applicant may make submissions about proposed refusal of application or imposition of condition

(1)If, after considering an application for endorsement of a registration, a National Board is proposing to refuse to endorse the applicant’s registration or to endorse the applicant’s registration subject to a condition, the Board must give the applicant written notice of the proposal.

(2)The notice must—

(a)state the reasons for the proposal; and

(b)invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.

102Decision about application

(1)After considering an application for endorsement and any submissions made in accordance with a notice under section 101, a National Board must decide to endorse, or refuse to endorse, the applicant’s registration as sought.

(2)Without limiting subsection (1), a National Board may refuse to endorse an applicant’s registration if—

(a)the applicant is not qualified for the endorsement under a relevant section; or

(b)the Board considers the applicant is not competent to practise the health profession in accordance with the endorsement sought.

(3)In this section—

relevant section means section 94, 95, 97 or 98.

sch s 102 amd 2022 No. 22s 76

103Conditions of endorsement

(1)If a National Board decides to endorse the applicant’s registration under section 102, the Board may decide to impose on the endorsement the conditions the Board considers necessary or desirable in the circumstances.

Note.

A failure by a registered health practitioner to comply with a condition of the practitioner’s registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(2)If the National Board decides to impose a condition on the endorsement, the Board must also decide a review period for the condition.

103A Undertakings at endorsement

If a National Board decides to endorse the applicant’s registration under section 102, the Board may accept any undertaking from the applicant the Board considers necessary or desirable in the circumstances.

sch s 103A ins 2022 No. 22s 65

104Notice of decision to be given to applicant

(1)As soon as practicable after making the decision under section 102, the National Board must—

(a)give the applicant written notice of the Board’s decision; and

(b)if the Board decides to endorse the applicant’s registration, give the applicant a new certificate of registration.

(2)If the Board decides not to endorse the applicant’s registration or decides to endorse the applicant’s registration subject to a condition, the notice under subsection (1)(a) must state—

(a)the reasons for the decision; and

(b)that the applicant may appeal against the decision; and

(c)how an application for appeal may be made and the period within which the application must be made.

105Period of endorsement

If a National Board decides to endorse a registered health practitioner’s registration, the endorsement—

(a)starts when the Board makes the decision; and

(b)expires when the practitioner’s registration ends.

106Failure to decide application for endorsement

If a National Board fails to decide an application for endorsement within 90 days after its receipt, or the longer period agreed between the Board and the applicant, the failure by the Board to make a decision is taken to be a decision to refuse to endorse the applicant’s registration.

sch pt 7 div 9 sdiv1 hdg ins 2022 No. 22s 78

107Application for renewal of registration or endorsement

(1)A registered health practitioner may apply to the National Board established for the practitioner’s health profession for renewal of the health practitioner’s registration.

(2)An application for renewal of a registered health practitioner’s registration must be made not later than one month after the practitioner’s period of registration ends.

(3)If the registered health practitioner’s registration has been endorsed by the National Board, the application for renewal of the practitioner’s registration is taken to also be an application for a renewal of the endorsement.

(4)The application for renewal of registration must—

(a)be in the form approved by the National Board; and

(b)be accompanied by the relevant fee; and

(c)if the application for renewal is made after the registered health practitioner’s period of registration ends, be accompanied by the relevant fee for a late application; and

(d)be accompanied by the annual statement required under section 109; and

(e)be accompanied by any other information reasonably required by the Board.

sch s 107 amd 2017 No. 32s 87(1) sch 1pt 1

108Registration taken to continue in force

(1)If a registered health practitioner applies under section 107 to renew the practitioner’s registration, the applicant’s registration, including any endorsement of the registration, is taken to continue in force from the day it would, apart from this section, have ended until—

(a)if the National Board decides to renew the applicant’s registration, the day a new certificate of registration is issued to the applicant; or

(b)if the National Board decides to refuse to renew the applicant’s registration, the day the applicant is given notice of the decision.

(2)If a health practitioner does not apply to renew the practitioner’s registration before the practitioner’s period of registration ends, the registration, including any endorsement of the registration, is taken to continue in force until—

(a)the end of the day that is one month after the day the period of registration would, apart from this subsection, have ended; or

(b)if the health practitioner applies for renewal of the registration not later than one month after the practitioner’s period of registration ends, the day referred to in subsection (1)(a) or (b).

(3)Subsection (1) or (2) does not apply if the registration is earlier cancelled under this Law.

109Annual statement

(1)An application for renewal of registration must include or be accompanied by a statement that includes the following—

(a)a declaration by the applicant that—

(i)the applicant does not have an impairment; and

(ii)the applicant has met any recency of practice requirements stated in an approved registration standard for the health profession; and

(iii)the applicant has completed the continuing professional development the applicant was required by an approved registration standard to undertake during the applicant’s preceding period of registration; and

(iv)the applicant has not practised the health profession during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place in relation to the applicant; and

(v)if the applicant’s registration is renewed the applicant will not practise the health profession unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant;

(b)details of any change in the applicant’s criminal history that occurred during the applicant’s preceding period of registration;

Note.

See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.

(c)if the applicant’s right to practise at a hospital or another facility at which health services are provided was withdrawn or restricted during the applicant’s preceding period of registration because of the applicant’s conduct, professional performance or health, details of the withdrawal or restriction of the right to practise;

(d)if, during the applicant’s preceding period of registration and because of the applicant’s conduct, professional performance or health, the applicant was—

(i)disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth; or

(ii)subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contained a direction under section 106U(1)(g) or (h) of that Act that the applicant be disqualified;

(e)details of any complaint made about the applicant to a registration authority or another entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners;

(f)any other information required by an approved registration standard.

(1A)To avoid doubt, subsection (1)(d) applies only to the extent the applicant is not prohibited from disclosing information about the disqualification or final determination by the Health Insurance Act 1973 of the Commonwealth.

(2)Subsection (1)(a)(ii), (iii) and (iv), (c) and (d) does not apply to an applicant who is applying for the renewal of non-practising registration.

sch s 109 amd 2022 No. 22s 119

110National Board’s powers before making decision

Before deciding an application for renewal of registration, a National Board may exercise a power under section 80 as if the application were an application for registration made under section 77.

111Applicant may make submissions about proposed refusal of application for renewal or imposition of condition

(1)If, after considering an application for renewal of registration, a National Board is proposing to refuse to renew the applicant’s registration or to renew the applicant’s registration subject to a new condition, the Board must give the applicant written notice of the proposal.

(2)The notice must—

(a)state the reasons for the proposal; and

(b)invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.

112Decision about application for renewal

(1)After considering an application for renewal of registration and any submissions made in accordance with a notice under section 111, a National Board may decide to renew, or refuse to renew, the applicant’s registration or the endorsement.

(2)The National Board may refuse to renew the applicant’s registration or any endorsement on the applicant’s registration—

(a)on any ground on which the Board could refuse to grant the registration or endorsement under section 82 or 102 if the application were for a grant of registration or endorsement; or

(b)if the applicant contravened any condition to which the applicant’s previous registration or endorsement was subject; or

(ba)if the applicant failed to comply with any undertaking given by the applicant to the Board that was in effect during the applicant’s previous period of registration or endorsement; or

(c)if, during the applicant’s previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements or failed to complete the continuing professional development required by an approved registration standard for the profession; or

(d)if a statement made by the applicant in the applicant’s annual statement was false or misleading in a material particular; or

(e)if the application is for the renewal of provisional registration and the applicant’s provisional registration has previously been renewed twice; or

(f)if the application is for the renewal of limited application and the applicant’s limited registration has previously been renewed 3 times.

(3)If the National Board renews a registration, including any endorsement on the registration, the registration or endorsement is subject to—

(a)any condition to which the registration was subject immediately before the renewal; and

(b)any condition the Board considers necessary or desirable in the circumstances; and

(c)any undertaking given by the applicant to the Board that was in effect immediately before the renewal; and

(d)any undertaking given by the applicant to the Board that the Board considers necessary or desirable in the circumstances.

Note.

A failure by a registered health practitioner to comply with a condition of the practitioner’s registration, or an undertaking given by the practitioner to the Board, does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(4)If the National Board decides to renew a registered health practitioner’s registration or an endorsement of the registration subject to a condition under subsection (3)(b), the Board must decide a review period for the condition.

(5)If a National Board decides to refuse to renew an applicant’s registration or the endorsement of the applicant’s registration, or to renew the registration or the endorsement subject to a condition under subsection (3)(b), the Board must give the applicant a notice that states—

(a)the decision made by the Board; and

(b)the reasons for the decision; and

(c)that the applicant may appeal against the decision; and

(d)how an application for appeal may be made and the period within which the application must be made.

(6)A registration, including any endorsement of the registration, renewed under this Subdivision—

(a)starts on the day immediately after the applicant’s previous period of registration ends or ended; and

(b)expires at the end of the day that is 12 months after the day it starts.

sch s 112 amd 2022 No. 22ss 66, 79

sch pt 7 div 9 sdiv 2 hdg ins 2022 No. 22s 80

112A Application of Subdivision

(1)This Subdivision applies if, during a period (the suspension period) in which a person’s registration in a health profession is suspended under this Law, the person’s registration would have ended if the person were not suspended.

(2)Section 108(2) does not apply to a registration to which this Subdivision applies.

sch s 112A ins 2022 No. 22s 80

112B Application for renewal of registration

(1)The person’s registration as a registered health practitioner is reinstated on the day the suspension period ends.

(2)If the registered health practitioner intends to renew the practitioner’s registration in the profession, the practitioner must apply to the National Board established for the practitioner’s health profession within one month after the suspension period ends.

(3)If the practitioner’s registration has been endorsed by the National Board, the application for renewal of the practitioner’s registration is taken to also be an application for a renewal of the endorsement.

(4)The application for renewal of registration must be—

(a)in the form approved by the National Board; and

(b)accompanied by the relevant fee; and

(c)accompanied by the annual statement required under section 109, as applied by section 112D; and

(d)accompanied by any other information reasonably required by the Board.

sch s 112B ins 2022 No. 22s 80

112C End of registration

(1)If a registered health practitioner applies to renew the practitioner’s registration under section 112B, the applicant’s registration, including any endorsement of the registration, continues in force from the day the suspension period ends until—

(a)if the National Board decides to renew the applicant’s registration—the day a new certificate of registration is issued to the applicant; or

(b)if the National Board decides to refuse to renew the applicant’s registration—the day the applicant is given notice of the decision.

(2)If a registered health practitioner does not apply to renew the practitioner’s registration under section 112B, the practitioner’s registration, including any endorsement of the registration, continues in force from the day the suspension period ends until the end of the day that is one month after the day on which the suspension period ends.

sch s 112C ins 2022 No. 22s 80

112D Sections 109 to 112 apply to application for renewal under this Subdivision

(1)Sections 109 to 112 apply to an application for renewal of registration made under this Subdivision as if the application had been made under section 107 for renewal of registration under Subdivision 1.

(2)For the purposes of subsection (1)—

(a)section 109 applies as if a reference in that section to the applicant’s preceding period of registration were a reference to both the applicant’s period of registration preceding the suspension period and the suspension period; and

(b)section 112(2)(c) applies as if a reference in that paragraph to the applicant’s previous period of registration were a reference to both the applicant’s period of registration preceding the suspension period and the suspension period; and

(c)section 112(3)(a) applies as if a reference in that paragraph to immediately before the renewal were a reference to immediately before the start of the suspension period; and

(d)section 112(6) applies as if a reference in that subsection to this Subdivision were a reference to Subdivision 2.

sch s 112D ins 2022 No. 22s 80

113Restriction on use of protected titles

(1)A person must not knowingly or recklessly—

(a)take or use a title in the Table to this section, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the health profession listed beside the title in the Table, unless the person is registered in the profession, or

(b)take or use a prescribed title for a health profession, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the profession, unless the person is registered in the profession.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

(2)A person must not knowingly or recklessly—

(a)take or use a title in the Table in relation to another person (the second person), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or

(b)take or use a prescribed title for a health profession in relation to another person (the second person), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

(3)Subsections (1) and (2) apply whether or not the title is taken or used with or without any other words and whether in English or any other language.

Table— Protected Titles

Profession	Title
Aboriginal and Torres Strait Islander Health Practice	Aboriginal and Torres Strait Islander health practitioner, Aboriginal health practitioner, Torres Strait Islander health practitioner
Chinese Medicine	Chinese medicine practitioner, Chinese herbal dispenser, Chinese herbal medicine practitioner, Oriental medicine practitioner, acupuncturist
Chiropractic	chiropractor
Dental	dentist, dental therapist, dental hygienist, dental prosthetist, oral health therapist
Medical	medical practitioner
Medical Radiation Practice	medical radiation practitioner, diagnostic radiographer, medical imaging technologist, radiographer, nuclear medicine scientist, nuclear medicine technologist, radiation therapist
Midwifery	midwife, midwife practitioner
Nursing	nurse, registered nurse, nurse practitioner, enrolled nurse
Occupational Therapy	occupational therapist
Optometry	optometrist, optician
Osteopathy	osteopath
Paramedicine	paramedic
Pharmacy	pharmacist, pharmaceutical chemist
Physiotherapy	physiotherapist, physical therapist
Podiatry	podiatrist, chiropodist
Psychology	psychologist

sch s 113 amd 2017 No. 32s 15; 2019 No. 3s 8

114Use of title “acupuncturist”

(1)A registered health practitioner whose registration is endorsed under section 97 by a National Board as being qualified to practise as an acupuncturist does not commit an offence against section 113(1)(a) merely because the individual takes or uses the title “acupuncturist”.

(2)A person does not commit an offence against section 113(2)(a) merely because the person takes or uses the title “acupuncturist” in relation to another person who is a registered health practitioner whose registration is endorsed under section 97 by a National Board as being qualified to practise as an acupuncturist.

115Restriction on use of specialist titles

(1)A person must not knowingly or recklessly take or use—

(a)the title “dental specialist” unless the person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or

(b)the title “medical specialist” unless the person is registered in a recognised specialty in the medical profession; or

(c)a specialist title for a recognised specialty unless the person is registered under this Law in the specialty.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

(2)A person must not knowingly or recklessly take or use—

(a)the title “dental specialist” in relation to another person unless the other person is registered under this Law in a recognised specialty in the dentists division of the dental profession; or

(b)the title “medical specialist” in relation to another person unless the person is registered in a recognised specialty in the medical profession; or

(c)a specialist title for a recognised specialty in relation to another person unless the person is registered under this Law in the specialty.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

(3)Subsection (1) applies whether or not the title is taken or used with or without any other words and whether in English or any other language.

sch s 115 amd 2019 No. 3s 9

115A Claims by persons as to membership of surgical class

(1)A medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following—

(a)take or use the title “surgeon”;

(b)take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class;

(c)claim to be, or hold out as being, a member of a surgical class.

Maximum penalty—$60,000 or 3 years imprisonment or both.

(2)A person must not knowingly or recklessly do any of the following in relation to a medical practitioner who is not a member of a surgical class—

(a)take or use the title “surgeon” in relation to the practitioner;

(b)take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class;

(c)claim the practitioner is, or hold the practitioner out as being, a member of a surgical class.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

(3)Subsections (1)(a) and (2)(a)—

(a)apply whether or not the title “surgeon” is taken or used with or without any other words and whether in English or any other language; but

(b)do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner—

(i)holds registration in the dentists division of the dental profession; or

(ii)is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession.

(4)Before making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to—

(a)any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and

(b)the surgical training required to be undertaken by members of the proposed class.

(5)In this section—

surgical class means the following classes of medical practitioners—

(a)a medical practitioner holding specialist registration in the recognised specialty of surgery;

(b)a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology;

(c)a medical practitioner holding specialist registration in the recognised specialty of ophthalmology;

(d)a medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word “surgeon” in a specialist title for the specialty;

(e)another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council.

sch s 115A ins 2023 No. 22s 4

116Claims by persons as to registration as health practitioner

(1)A person who is not a registered health practitioner must not knowingly or recklessly—

(a)take or use the title of “registered health practitioner”, whether with or without any other words; or

(b)take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—

(i)the person is a health practitioner; or

(ii)the person is authorised or qualified to practise in a health profession; or

(c)claim to be registered under this Law or hold himself or herself out as being registered under this Law; or

(d)claim to be qualified to practise as a health practitioner.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

(2)A person must not knowingly or recklessly—

(a)take or use the title of “registered health practitioner”, whether with or without any other words, in relation to another person who is not a registered health practitioner; or

(b)take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—

(i)another person is a health practitioner if the other person is not a health practitioner; or

(ii)another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or

(c)claim another person is registered under this Law, or hold the other person out as being registered under this Law, if the other person is not registered under this Law; or

(d)claim another person is qualified to practise as a health practitioner if the other person is not a registered health practitioner.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

sch s 116 amd 2019 No. 3s 10

117Claims by persons as to registration in particular profession or division

(1)A registered health practitioner must not knowingly or recklessly—

(a)claim to be registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered, or hold himself or herself out as being registered in a health profession or a division of a health profession if the person is not registered in that health profession or division; or

(b)claim to be qualified to practise as a practitioner in a health profession or a division of a health profession in which the practitioner is not registered; or

(c)take or use any title that could be reasonably understood to induce a belief the practitioner is registered under this Law in a health profession or a division of a health profession in which the practitioner is not registered.

(2)A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(3)A person must not knowingly or recklessly—

(a)claim another person is registered under this Law in a health profession or a division of a health profession in which the other person is not registered, or hold the other person out as being registered in a health profession or a division of a health profession if the other person is not registered in that health profession or division; or

(b)claim another person is qualified to practise as a health practitioner in a health profession or division of a health profession in which the other person is not registered; or

(c)take or use any title in relation to another person that could be reasonably understood to induce a belief the other person is registered under this Law in a health profession or a division of a health profession in which the person is not registered.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

Note.

A contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.

sch s 117 amd 2019 No. 3s 11; 2022 No. 22s 87

118Claims by persons as to specialist registration

(1)A person who is not a specialist health practitioner must not knowingly or recklessly—

(a)take or use the title of “specialist health practitioner”, whether with or without any other words; or

(b)take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—

(i)the person is a specialist health practitioner; or

(ii)the person is authorised or qualified to practise in a recognised specialty; or

(c)claim to be registered under this Law in a recognised specialty or hold himself or herself out as being registered under this Law in a recognised specialty; or

(d)claim to be qualified to practise as a specialist health practitioner.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

(2)A person must not knowingly or recklessly—

(a)take or use the title of “specialist health practitioner”, whether with or without any other words, in relation to another person who is not a specialist health practitioner; or

(b)take or use a title, name, initial, symbol, word or description in relation to another person who is not a specialist health practitioner that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—

(i)the other person is a specialist health practitioner; or

(ii)the other person is authorised or qualified to practise in a recognised specialty; or

(c)claim another person is registered under this Law in a recognised specialty or hold the other person out as being registered under this Law in a recognised specialty if the other person is not registered in that recognised specialty; or

(d)claim another person is qualified to practise as a specialist health practitioner if the person is not a specialist health practitioner.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

Note.

A contravention of this section by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.

sch s 118 amd 2017 No. 32s 16; 2019 No. 3s 12; 2022 No. 22s 88

119Claims about type of registration or registration in recognised specialty

(1)A registered health practitioner must not knowingly or recklessly—

(a)claim to hold a type of registration or endorsement under this Law that the practitioner does not hold or hold himself or herself out as holding a type of registration or endorsement if the practitioner does not hold that type of registration; or

(b)claim to be qualified to hold a type of registration or endorsement the practitioner does not hold; or

(c)claim to hold specialist registration under this Law in a recognised specialty in which the practitioner does not hold specialist registration or hold himself or herself out as holding specialist registration in a recognised specialty if the person does not hold specialist registration in that specialty; or

(d)claim to be qualified to practise as a specialist health practitioner in a recognised specialty in which the practitioner is not registered.

(2)A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(3)A person must not knowingly or recklessly—

(a)claim another person holds a type of registration or endorsement under this Law that the other person does not hold or hold the other person out as holding a type of registration or endorsement if the practitioner does not hold that type of registration or endorsement; or

(b)claim another person is qualified to hold a type of registration or endorsement that the other person does not hold; or

(c)claim another person holds specialist registration under this Law in a recognised specialty which the other person does not hold or hold the other person out as holding specialist registration in a recognised specialty if the other person does not hold specialist registration in that specialty; or

(d)claim another person is qualified to practise in a recognised specialty in which the other person is not registered.

Maximum penalty—

(a)in the case of an individual—$60,000 or 3 years imprisonment or both; or

(b)in the case of a body corporate—$120,000.

Note.

A contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.

sch s 119 amd 2019 No. 3s 13; 2022 No. 22s 89

120Registered health practitioner registered on conditions

(1)A registered health practitioner who is registered on conditions must not knowingly or recklessly claim, or hold himself or herself out, to be registered without the conditions or any conditions.

(2)A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

121Restricted dental acts

(1)A person must not carry out a restricted dental act unless the person—

(a)is registered in the dental profession or medical profession and carries out the restricted dental act in accordance with any requirements specified in an approved registration standard; or

(b)is a student who carries out the restricted dental act in the course of activities undertaken as part of—

(i)an approved program of study for the dental profession or medical profession; or

(ii)clinical training in the dental profession or medical profession; or

(c)carries out the restricted dental act in the course of carrying out technical work on the written order of a person registered in the dentists or dental prosthetists division of the dental profession; or

(d)is a person, or a member of a class of persons, prescribed under a regulation as being authorised to carry out the restricted dental act or restricted dental acts generally.

Maximum penalty—$60,000 or 3 years imprisonment or both.

(2)In this section—

restricted dental act means any of the following acts—

(a)performing any irreversible procedure on the human teeth or jaw or associated structures;

(b)correcting malpositions of the human teeth or jaw or associated structures;

(c)fitting or intra-orally adjusting artificial teeth or corrective or restorative dental appliances for a person;

(d)performing any irreversible procedure on, or the giving of any treatment or advice to, a person that is preparatory to or for the purpose of fitting, inserting, adjusting, fixing, constructing, repairing or renewing artificial dentures or a restorative dental appliance.

technical work means the mechanical construction or the renewal or repair of artificial dentures or restorative dental appliances.

sch s 121 amd 2019 No. 3s 14

122Restriction on prescription of optical appliances

(1)A person must not prescribe an optical appliance unless—

(a)the person is an optometrist or medical practitioner; or

(b)the appliance is spectacles and the person is an orthoptist who—

(i)prescribes the spectacles in the course of carrying out duties at a public health facility; or

(ii)prescribes the spectacles under the supervision of an optometrist or medical practitioner; or

(iii)prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or

(c)the person is a person, or a member of a class of persons, prescribed under a regulation as being authorised to prescribe an optical appliance of that type or to prescribe optical appliances generally.

Maximum penalty—$60,000 or 3 years imprisonment or both.

(2)In this section—

optical appliance means—

(a)any appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or

(b)contact lenses, whether or not designed to correct, remedy or relieve any refractive abnormality or defect of sight.

optometrist means a person registered in the optometry profession.

orthoptist means a person whose name is recorded in the Register of Orthoptists kept by the Australian Orthoptists Registration Body Pty Ltd (ACN 095 11 7 678).

sch s 122 amd 2019 No. 3s 15

123Restriction on spinal manipulation

(1)A person must not perform manipulation of the cervical spine unless the person—

(a)is registered in an appropriate health profession; or

(b)is a student who performs manipulation of the cervical spine in the course of activities undertaken as part of—

(i)an approved program of study in an appropriate health profession; or

(ii)clinical training in an appropriate health profession; or

(c)is a person, or a member of a class of persons, prescribed under a regulation as being authorised to perform manipulation of the cervical spine.

Maximum penalty—$60,000 or 3 years imprisonment or both.

(2)In this section—

appropriate health profession means any of the following health professions—

(a)chiropractic;

(b)osteopathy;

(c)medical;

(d)physiotherapy.

manipulation of the cervical spine means moving the joints of the cervical spine beyond a person’s usual physiological range of motion using a high velocity, low amplitude thrust.

sch s 123 amd 2019 No. 3s 16

124Issue of certificate of registration

(1)This section applies if—

(a)a National Board decides to register an individual in a health profession for which the Board is established; or

(b)a National Board decides to renew an individual’s registration in a health profession for which the Board is established; or

(c)a National Board or an adjudication body decides to impose, change or remove a condition on a registered health practitioner’s registration or otherwise change the practitioner’s registration in a material way; or

(d)a National Board or an adjudication body decides to accept an undertaking from a registered health practitioner or to change or revoke an undertaking given by the practitioner; or

(e)a National Board decides to endorse a health practitioner’s registration.

(2)The National Board must, as soon as practicable after the decision is made, give the registered health practitioner a certificate of registration in the form decided by the Board.

(3)A certificate of registration must include the following—

(a)the name of the registered health practitioner;

(aa)any alternative name for the practitioner that has been notified to the National Board under section 131A, unless—

(i)the alternative name is a prohibited name; and

(ii)the National Board has decided under section 131A(2)(b) to refuse to include the name on the registered health practitioner’s certificate of registration;

(b)the type of registration granted and, if the registration is endorsed, the type of endorsement granted;

(c)the date the registration or endorsement was granted;

(d)the division of the register, if any, in which the practitioner is registered;

(e)any condition to which the registration or endorsement is subject;

(f)any undertaking given by the practitioner to the National Board;

(g)the date the registration expires;

(h)any other information the Board considers appropriate.

sch s 124 amd 2017 No. 32s 87(1) sch 1pt 1; 2022 No. 22s 112

125Changing or removing conditions or undertaking on application by registered health practitioner or student

(1)A registered health practitioner or student may apply to a National Board established for the practitioner’s or student’s health profession—

(a)for a registered health practitioner—

(i)to change or remove a condition imposed on the practitioner’s registration or endorsement; or

(ii)to change or revoke an undertaking given by the practitioner; or

(b)for a student—

(i)to change or remove a condition imposed on the student’s registration; or

(ii)to change or revoke an undertaking given by the student to the Board.

(2)However, the registered health practitioner or student may not make an application—

(a)during a review period applying to the condition or undertaking, unless the practitioner or student reasonably believes there has been a material change in the practitioner’s or student’s circumstances; or

(b)for a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.

(3)An application under subsection (1) must—

(a)be in the form approved by the National Board; and

(b)be accompanied by any other information reasonably required by the Board.

(4)For the purposes of deciding the application, the National Board may exercise a power under section 80 as if the application were an application for registration as a registered health practitioner.

(5)The National Board must decide to grant the application or refuse to grant the application.

(6)If the National Board’s decision results in the registration or endorsement being subject to a condition, or an undertaking is still in place, the Board may decide a review period for the condition or undertaking.

(6A)As soon as practicable after making the decision under subsection (5), the National Board must give written notice to the registered health practitioner or student of—

(a)the decision; and

(b)if the Board has decided a review period for a condition or undertaking—details of the review period.

(7)If the National Board decides to refuse to grant the application, the notice must state—

(a)the decision made by the Board; and

(b)that the registered health practitioner or student may appeal against the decision; and

(c)how an application for appeal may be made and the period within which the application must be made.

sch s 125 amd 2017 No. 32 ss 17, 87(1) sch 1pt 1

126Changing conditions on Board’s initiative

(1)This section applies if a National Board established for a health profession reasonably believes it is necessary to change a condition imposed on—

(a)for a registered health practitioner registered in the health profession—the practitioner’s registration or endorsement; or

(b)for a student registered in the health profession—the student’s registration.

(2)The National Board must give the registered health practitioner or student a written notice stating—

(a)that the Board proposes to change the condition; and

(b)how the Board proposes to change the condition; and

(c)the reason for the proposed change; and

(d)that the practitioner or student may, within 30 days after receipt of the notice, make written or verbal submissions to the Board about why the condition should not be changed.

(3)However, the condition may not be changed—

(a)during a review period applying to the condition, unless the National Board reasonably believes there has been a material change in the registered health practitioner’s or student’s circumstances; or

(b)if the condition was imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.

(4)The registered health practitioner or student may make written or verbal submissions about the proposed change to the condition as stated in the notice.

(5)The National Board must consider any submissions made under subsection (4) and decide whether or not to change the condition.

(6)If the National Board’s decision results in the registration or endorsement being subject to a condition, the Board may decide a review period for the condition.

(6A)As soon as practicable after making the decision under subsection (5), the National Board must give written notice to the registered health practitioner or student of—

(a)the decision; and

(b)if the Board has decided a review period for a condition—details of the review period.

(7)If the National Board decides to change the condition, the notice must state—

(a)the decision made by the Board; and

(b)that the registered health practitioner or student may appeal against the decision; and

(c)how an application for appeal may be made and the period within which the application must be made.

sch s 126 amd 2017 No. 32 ss 18, 87(1) sch 1pt 1; 2022 No. 22s 67

127Removal of condition or revocation of undertaking

(1)This section applies if a National Board established for a health profession reasonably believes the following is no longer necessary—

(a)for a registered health practitioner registered in the health profession—

(i)a condition imposed on the practitioner’s registration or endorsement; or

(ii)an undertaking given to the Board by the practitioner;

(b)for a student registered in the health profession—

(i)a condition imposed on the student’s registration; or

(ii)an undertaking given to the Board by the student.

(2)The National Board may decide to remove the condition or revoke the undertaking.

(3)However, the condition or undertaking may not be removed or revoked—

(a)during a review period applying to the condition or undertaking, unless the National Board reasonably believes there has been a material change in the registered health practitioner’s or student’s circumstances; or

(b)for a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition, that this Subdivision applied to the condition.

(4)As soon as practicable after making the decision the National Board must give notice of the decision to the registered health practitioner or student.

(5)The decision takes effect on the date stated in the notice.

sch s 127 amd 2017 No. 32s 87(1) sch 1pt 1; 2022 No. 22s 68

127AWhen matters under this subdivision may be decided by review body of a co-regulatory jurisdiction

(1)This section applies if—

(a)a condition has been imposed on a registered health practitioner’s or student’s registration or endorsement, or an undertaking has been given by the practitioner or student; and

(b)a change or removal of the condition, or change or revocation of the undertaking, would usually be decided under this Subdivision; and

(c)the National Board that imposed the condition, or to which the undertaking was given, considers the change or removal, or change or revocation, should be decided by a review body of a co-regulatory jurisdiction.

(2)The National Board may—

(a)decide that any change or removal, or change or revocation, may be decided by the review body of a co-regulatory jurisdiction; and

(b)give any relevant documents or information held by the Board to the review body.

(3) If a review body of a co-regulatory jurisdiction agrees to decide a matter instead of the Board, the review body must decide the matter under the laws of that jurisdiction.

(4)In this section—

review body means an entity declared by an Act or regulation of a co-regulatory jurisdiction to be a review body for this section.

sch s 127A ins 2017 No. 32s 19

amd 2022 No. 22s 120

128Continuing professional development

(1)A registered health practitioner must undertake the continuing professional development required by an approved registration standard for the health profession in which the practitioner is registered.

(2)A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(3)In this section—

registered health practitioner does not include a registered health practitioner who holds non-practising registration in the profession.

129Professional indemnity insurance arrangements

(1)A registered health practitioner must not practise the health profession in which the practitioner is registered unless appropriate professional indemnity insurance arrangements are in force in relation to the practitioner’s practice of the profession.

(2)A National Board may, at any time by written notice, require a registered health practitioner registered in a health profession for which the Board is established to give the Board evidence of the appropriate professional indemnity insurance arrangements that are in force in relation to the practitioner’s practice of the profession.

(3)A registered health practitioner must not, without reasonable excuse, fail to comply with a written notice given to the practitioner under subsection (2).

(4)A contravention of subsection (1) or (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(5)In this section—

registered health practitioner does not include a registered health practitioner who holds non-practising registration in the profession.

sch s 129 amd 2017 No. 32s 87(1) sch 1pt 1

130Registered health practitioner or student to give National Board notice of certain events

(1)A registered health practitioner or student must, within 7 days after becoming aware that a relevant event has occurred in relation to the practitioner or student, give the National Board established for the practitioner’s or student’s health profession written notice of the event.

(2)A contravention of subsection (1) by a registered health practitioner or student does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(2A)To avoid doubt, a registered health practitioner is not required to give the National Board written notice of an event within the meaning of paragraphs (e) or (f) of the definition of relevant event if the notification is prohibited by the Health Insurance Act 1973 of the Commonwealth.

(3)In this section—

relevant event, in relation to a registered health practitioner, means—

(a)the practitioner is charged with—

(i)a scheduled medicine offence; or

(ii)an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or

(b)the practitioner is convicted of or is the subject of a finding of guilt for—

(i)a scheduled medicine offence; or

(ii)an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or

(c)appropriate professional indemnity insurance arrangements are no longer in place in relation to the practitioner’s practice of the profession; or

(d)the practitioner’s right to practise at a hospital or another facility at which health services are provided is withdrawn or restricted because of the practitioner’s conduct, professional performance or health; or

(e)the practitioner is disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth because of the practitioner’s conduct, professional performance or health; or

(f)the practitioner is subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contains a direction under section 106U(1)(g) or (h) of that Act that the practitioner be disqualified because of the practitioner’s conduct, professional performance or health; or

(g)the practitioner’s authority under a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or

(h)a complaint is made about the practitioner to an entity referred to in section 219(1)(a) to (e); or

(i)the practitioner’s registration under the law of another country that provides for the registration of health practitioners is suspended or cancelled or made subject to a condition or another restriction.

relevant event, in relation to a student, means—

(a)the student is charged with—

(i)a scheduled medicine offence; or

(ii)an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or

(b)the student is convicted of or is the subject of a finding of guilt for—

(i)a scheduled medicine offence; or

(ii)an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or

(c)the student’s registration under the law of another country that provides for the registration of students has been suspended or cancelled.

scheduled medicine offence means an offence against a law of a participating jurisdiction—

(a)if—

(i)the law regulates the authority of registered health practitioners or students to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines; and

(ii)the offence relates to registered health practitioners or students administering, obtaining, possessing, prescribing, selling, supplying or using scheduled medicines; but

(b)does not include an offence declared or prescribed by a law of the jurisdiction not to be a scheduled medicine offence for the purposes of this Law.

sch s 130 amd 2017 No. 32s 87(1) sch 1pt 1; 2022 No. 22s 81

131Change in principal place of practice, address or name

(1)A registered health practitioner must, within 30 days of any of the following changes happening, give the National Board established for the practitioner’s health profession written notice of the change and any evidence providing proof of the change required by the Board—

(a)a change in the practitioner’s principal place of practice;

(b)a change in the address provided by the registered health practitioner as the address the Board should use in corresponding with the practitioner;

(c)a change in—

(i)the practitioner’s name; or

(ii)an alternative name for the practitioner notified to the Board under section 131A.

(2)A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

sch s 131 amd 2017 No. 32s 87(1) sch 1pt 1; 2022 No. 22s 113

131A Nomination of an alternative name

(1)A registered health practitioner registered in a health profession, or an applicant for registration in a health profession, may, by written notice given to the National Board for the health profession, nominate an alternative name.

(2)If the alternative name nominated by a registered health practitioner is a prohibited name, the National Board may decide to—

(a)refuse to record the name in a National Register or Specialists Register; and

(b)refuse to include the name on the registered health practitioner’s certificate of registration.

(3)If the National Board makes a decision under subsection (2), it must give written notice of the decision, including the reasons for the decision, to the registered health practitioner.

(4)In this section—

prohibited name means a name that—

(a)is obscene or offensive; or

(b)could not practicably be established by repute or usage—

(i)because it is too long; or

(ii)because it consists of or includes symbols without phonetic significance; or

(iii)because it is or includes a statement or phrase; or

(iv)for another reason; or

(c)includes or resembles—

(i)an official title or rank; or

(ii)a protected title specified in the Table to section 113; or

(iii)a specialist title; or

(iv)the title ‘dental specialist’; or

(v)the title ‘medical specialist’; or

(d)is contrary to the public interest for another reason.

sch s 131A ins 2022 No. 22s 114

131B Use of names

(1)A registered health practitioner must not use a name in connection with the practitioner’s provision of a health service, including advertising the provision of a health service, other than—

(a)either or both of the following names recorded in a National Register or Specialists Register under section 225—

(i)the practitioner’s name;

(ii)an alternative name for the practitioner notified to the Board under section 131A; or

(b)a business name.

(2)A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

sch s 131B ins 2022 No. 22s 114

132 National Board may ask registered health practitioner for practice information

(1)A National Board may, at any time by written notice given to a health practitioner registered in a health profession for which the Board is established, ask the practitioner to give the Board a written notice containing practice information for the practitioner.

(2)The registered health practitioner must not, without reasonable excuse, fail to comply with the notice from the Board.

(3)A contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(4)In this section—

practice information, for a registered health practitioner practising in the health profession for which the practitioner is registered, means each of the following, as it applies to the current practice, and all previous practices, of the profession by the practitioner—

(a)if the practitioner is, or was, self-employed—

(i)that the practitioner is, or was, self-employed; and

(ii)the address of each of the premises at which the practitioner practises, or practised; and

(iii)if the practitioner practises, or practised, under a business name or names—each business name; and

(iv)if the practitioner shares, or shared, premises and the cost of the premises with other registered health practitioners—the names of the other registered health practitioners;

(b)if the practitioner has, or had, a practice arrangement with one or more entities—the name, address and contact details of each entity;

Example of practice arrangement—

A physiotherapist practises, or practised, physiotherapy as a volunteer at a sporting club or charity under an arrangement with that entity.

(c)if the practitioner practises, or practised, under a name or names that are not the same as the name under which the practitioner is registered under this Law—the other name or names.

premises at which the practitioner practises does not include the residential premises of a patient of the practitioner.

sch s 132 sub 2017 No. 32s 20

amd 2022 No. 22s 83

133Advertising

(1)A person must not advertise a regulated health service, or a business that provides a regulated health service, in a way that—

(a)is false, misleading or deceptive or is likely to be misleading or deceptive; or

(b)offers a gift, discount or other inducement to attract a person to use the service or the business, unless the advertisement also states the terms and conditions of the offer; or

(c)uses testimonials or purported testimonials about the service or business; or

(d)creates an unreasonable expectation of beneficial treatment; or

(e)directly or indirectly encourages the indiscriminate or unnecessary use of regulated health services.

Maximum penalty—

(a)in the case of an individual—$60,000; or

(b)in the case of a body corporate—$120,000.

(2)A person does not commit an offence against subsection (1) merely because the person, as part of the person’s business, prints or publishes an advertisement for another person.

(3)In proceedings for an offence against this section, a court may have regard to a guideline approved by a National Board about the advertising of regulated health services.

(4)In this section—

regulated health service means a service provided by, or usually provided by, a health practitioner.

sch s 133 amd 2022 No. 22s 85

134Evidence of identity

(1)A National Board may, at any time, require a registered health practitioner to provide evidence of the practitioner’s identity.

(2)A requirement under subsection (1) must be made by written notice given to the registered health practitioner.

(3)The registered health practitioner must not, without reasonable excuse, fail to comply with the notice.

(4)A contravention of subsection (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(5)If a registered health practitioner gives a National Board a document as evidence of the practitioner’s identity under this section, the Board may, by written notice, ask the entity that issued the document—

(a)to confirm the validity of the document; or

(b)to give the Board other information relevant to the practitioner’s identity.

(6)An entity given a notice under subsection (5) is authorised to provide the information requested.

135Criminal history check

(1)A National Board may, at any time, obtain a written report about a registered health practitioner’s criminal history from any of the following—

(a)ACC;

(b)a police commissioner;

(c)an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.

(2)Without limiting subsection (1), a report may be obtained under that subsection—

(a)to check a statement made by a registered health practitioner in the practitioner’s application for renewal of registration; or

(b)as part of an audit carried out by a National Board, to check statements made by registered health practitioners.

(3)A criminal history law does not apply to a report under subsection (1).

sch s 135 amd 2017 No. 32s 21

136Directing or inciting unprofessional conduct or professional misconduct

(1)A person must not direct or incite a registered health practitioner to do anything, in the course of the practitioner’s practice of the health profession, that amounts to unprofessional conduct or professional misconduct.

Maximum penalty—

(a)in the case of an individual—$60,000; or

(b)in the case of a body corporate—$120,000.

(2)Subsection (1) does not apply to a person who is the owner or operator of a public health facility.

sch s 136 amd 2022 No. 22s 86

137Surrender of registration

(1)A registered health practitioner may, by written notice given to the National Board established for the practitioner’s health profession, surrender the practitioner’s registration.

(2)The surrender of the registration takes effect on—

(a)the day the National Board receives the notice under subsection (1); or

(b)the later day stated in the notice.

sch s 137 amd 2017 No. 32s 87(1) sch 1pt 1

138Application of Part to persons who are registered health practitioners

(1)A notification may be made under this Part about, and proceedings may be taken under this Part against, a person who is a registered health practitioner in relation to behaviour that—

(a)occurs while the practitioner is registered in a health profession under this Law; or

(b)occurred before the practitioner was registered in a health profession under this Law; or

(c)occurred during any other period in which the practitioner was not registered in a health profession under this Law, including, for example, if the registration had ended or was cancelled, suspended or withdrawn.

(2)A registered health practitioner’s behaviour that occurred at a time specified in subsection (1)(b) or (c) may not constitute—

(a)unsatisfactory professional performance; or

(b)unprofessional conduct, except as provided by section 139.

sch s 138 sub 2022 No. 22s 90

139Proceedings in relation to practitioner’s behaviour while temporarily unregistered

(1)This section applies if—

(a)proceedings are taken under this Part against a person who is a registered health practitioner; and

(b)the panel or tribunal is satisfied the behaviour to which the proceedings relate occurred—

(i)after the practitioner’s registration ended under section 108(2)(a); and

(ii)while the practitioner continued to practise the health profession.

(2)The proceedings may be taken and findings may be made as if the practitioner were registered at the time the behaviour occurred.

(3)Subsection (2) does not prevent a finding of unprofessional conduct on the basis the person was contravening a provision of Division 10 of Part 7, whether or not the person has been prosecuted for, or convicted of, an offence in relation to the contravention.

(4)In this section—

behaviour includes—

(a)continuing to take or use a title protected under Subdivision 1 of Division 10 of Part 7 for a health profession; or

(b)continuing to undertake a practice protected under Subdivision 2 of Division 10 of Part 7 for a health profession.

sch s 139 sub 2022 No. 22s 90

139A Application of Part to persons who were registered health practitioners

(1)This section applies to a person who was, but is no longer, registered in a health profession under this Law.

(2)A notification may be made under this Part about, and proceedings may be taken under this Part against, the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered.

(3)For the purposes of subsection (2), this Part (other than Divisions 2 and 6) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person.

sch s 139A ins 2022 No. 22s 90

139B Application of Part to persons who were registered under corresponding prior Act

(1)This section applies to a person who—

(a)was registered in a health profession under a corresponding prior Act; and

(b)is not, and has not been, registered in a health profession under this Law.

(2)A notification may be made under this Part about, and proceedings may be taken under this Part against, the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act.

(3)However, subsection (2) applies only to the extent—

(a)a notification about the person’s behaviour could have been made under the corresponding prior Act; and

(b)proceedings could have been taken under the corresponding prior Act.

(4)For the purposes of subsection (2), this Part (other than Divisions 2 and 7) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person.

sch s 139B ins 2022 No. 22s 90

140Definition of notifiable conduct

In this Division—

notifiable conduct, in relation to a registered health practitioner, means—

(a)practising the practitioner’s profession while intoxicated by alcohol or drugs; or

(b)engaging in sexual misconduct in connection with the practice of the practitioner’s profession; or

(c)placing the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or

(d)placing the public at risk of harm by practising the profession in a way that constitutes a significant departure from accepted professional standards.

sch s 140 amd 2019 No. 3s 17

141Mandatory notifications by health practitioners other than treating practitioners

(1)This section applies to a registered health practitioner (the first health practitioner) who, in the course of practising the first health practitioner’s profession, forms a reasonable belief that—

(a)another registered health practitioner (the second health practitioner) has behaved in a way that constitutes notifiable conduct; or

(b)a student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.

(2)The first health practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner’s notifiable conduct or the student’s impairment.

Note.

See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237(3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.

(2A)However, subsection (2) does not apply if the first health practitioner forms the reasonable belief in the course of providing a health service to the second health practitioner or student.

(3)A contravention of subsection (2) by a registered health practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.

(4)For the purposes of subsection (1), the first health practitioner does not form the reasonable belief in the course of practising the profession if—

(a)the first health practitioner—

(i)is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and

(ii)forms the reasonable belief the second health practitioner has behaved in a way that constitutes notifiable conduct, or the student has an impairment, as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or

(b)the first health practitioner forms the reasonable belief in the course of providing advice in relation to the notifiable conduct or impairment for the purposes of a legal proceeding or the preparation of legal advice; or

(c)the first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the notifiable conduct or impairment is an issue; or

(d)the first health practitioner—

(i)forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and

(ii)is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or

(e)the first health practitioner knows, or reasonably believes, the National Agency has been notified of the notifiable conduct or impairment that forms the basis of the reasonable belief.

sch s 141 amd 2019 No. 3s 18

141A Mandatory notifications by treating practitioners of sexual misconduct

(1)This section applies to a registered health practitioner (the treating practitioner) who, in the course of providing a health service to another registered health practitioner (the second health practitioner), forms a reasonable belief that the second health practitioner has engaged, is engaging, or is at risk of engaging, in sexual misconduct in connection with the practice of the practitioner’s profession.

(2)The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner’s conduct that forms the basis of the reasonable belief.

Note—

See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.

(3)A contravention of subsection (2) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.

(4)This section applies subject to section 141C.

sch s 141A ins 2019 No. 3s 19

141B Mandatory notifications by treating practitioners of substantial risk of harm to public

(1)Subsection (2) applies to a registered health practitioner (the treating practitioner) who, in the course of providing a health service to another registered health practitioner (the second health practitioner), forms a reasonable belief that the second health practitioner is placing the public at substantial risk of harm by practising the profession—

(a)while the practitioner has an impairment; or

(b)while intoxicated by alcohol or drugs; or

(c)in a way that constitutes a significant departure from accepted professional standards.

(2)The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the second health practitioner’s conduct that forms the basis of the reasonable belief.

Note—

See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.

(3)Subsection (4) applies to a registered health practitioner (also the treating practitioner) who, in the course of providing a health service to a student, forms a reasonable belief that the student has an impairment that, in the course of the student undertaking clinical training, may place the public at substantial risk of harm.

(4)The treating practitioner must, as soon as practicable after forming the reasonable belief, notify the National Agency of the student’s impairment.

Note—

See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law.

(5)In considering whether the public is being, or may be, placed at substantial risk of harm, the treating practitioner may consider the following matters relating to an impairment of the second health practitioner or student—

(a)the nature, extent and severity of the impairment;

(b)the extent to which the second health practitioner or student is taking, or is willing to take, steps to manage the impairment;

(c)the extent to which the impairment can be managed with appropriate treatment;

(d)any other matter the treating practitioner considers is relevant to the risk of harm the impairment poses to the public.

(6)A contravention of subsection (2) or (4) by the treating practitioner does not constitute an offence but may constitute behaviour for which action may be taken under this Part.

(7)This section applies subject to section 141C.

sch s 141B ins 2019 No. 3s 19

141C When practitioner does not form reasonable belief in course of providing health service

(1)This section applies if a registered health practitioner (the first health practitioner) forms a reasonable belief about—

(a)a matter, relating to another registered health practitioner (the second health practitioner), mentioned in section 141A(1) or 141B(1); or

(b)a matter, relating to a student, mentioned in section 141B(3).

(2)For this Division, the first health practitioner is taken not to form the reasonable belief in the course of providing a health service to the second health practitioner or student if—

(a)the first health practitioner—

(i)is employed or otherwise engaged by an insurer that provides professional indemnity insurance that relates to the second health practitioner or student; and

(ii)forms the reasonable belief about the matter as a result of a disclosure made by a person to the first health practitioner in the course of a legal proceeding or the provision of legal advice arising from the insurance policy; or

(b)the first health practitioner forms the reasonable belief in the course of providing advice in relation to the matter for the purposes of a legal proceeding or the preparation of legal advice; or

(c)the first health practitioner is a legal practitioner and forms the reasonable belief in the course of providing legal services to the second health practitioner or student in relation to a legal proceeding or the preparation of legal advice in which the matter is an issue; or

(d)the first health practitioner—

(i)forms the reasonable belief in the course of exercising functions as a member of a quality assurance committee, council or other body approved or authorised under an Act of a participating jurisdiction; and

(ii)is unable to disclose the information that forms the basis of the reasonable belief because a provision of that Act prohibits the disclosure of the information; or

(e)the first health practitioner knows, or reasonably believes, the National Agency has been notified of the matter that forms the basis of the reasonable belief.

sch s 141C ins 2019 No. 3s 19

142Mandatory notifications by employers

(1)If an employer of a registered health practitioner reasonably believes the health practitioner has behaved in a way that constitutes notifiable conduct, the employer must notify the National Agency of the notifiable conduct.

Example—

An employer takes action against a registered health practitioner by withdrawing or restricting the practitioner’s clinical privileges at a hospital because the employer reasonably believes the public is at risk of harm by the practitioner practising the profession in a way that constitutes a significant departure from accepted professional standards—see paragraph (d) of the definition of notifiable conduct in section 140. The employer must notify the National Agency of the notifiable conduct.

Note.

See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237(3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred.

(2)If the National Agency becomes aware that an employer of a registered health practitioner has failed to notify the Agency of notifiable conduct as required by subsection (1), the Agency must give a written report about the failure to the responsible Minister for the participating jurisdiction in which the notifiable conduct occurred.

(3)As soon as practicable after receiving a report under subsection (2), the responsible Minister must report the employer’s failure to notify the Agency of the notifiable conduct to a health complaints entity, the employer’s licensing authority or another appropriate entity in that participating jurisdiction.

(4)In this section—

employer, of a registered health practitioner, means an entity that employs the health practitioner under a contract of employment or a contract for services.

licensing authority, of an employer, means an entity that under a law of a participating jurisdiction is responsible for licensing, registering or authorising the employer to conduct the employer’s business.

sch s 142 amd 2022 No. 22s 91