Australian Capital Territory Consolidated Acts

HEALTH PROFESSIONALS ACT 2004

TABLE OF PROVISIONS

           Long Title

   PART 1--INTRODUCTORY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  

   PART 2--WHAT DOES THIS ACT DO?

   6.      Outlines  
   7.      Regulation of health professionals  
   8.      How does a health professional's behaviour come to a health profession  
   9.      Reports  
   10.     Personal assessment panel  
   11.     Professional standards panel  
   12.     Interaction with Human Rights Commission Act  

   PART 3--MAIN OBJECT AND IMPORTANT CONCEPTS

   13.     Main object  
   14.     Who is a health professional?  
   15.     What is a health service?  
   16.     What is a regulated health service?  
   17.     When is someone a registered health professional?  
   18.     What is the required standard of practice?  
   19.     What is the relevant health profession board?  

   PART 4--REGULATION OF HEALTH PROFESSIONS

   20.     Decision to regulate health profession  
   21.     Deciding whether regulation necessary or desirable  
   22.     How may the regulations regulate health professions?  
   23.     Suitability to practise requirements  

   PART 5--HEALTH PROFESSION BOARDS

           Division 5.1--Establishment and functions of boards

   24.     Establishment of health profession boards  
   25.     Number of health profession boards  
   26.     What do health profession boards do?  
   27.     Obligation to exercise functions diligently  
   28.     Reporting on exercise of functions  
   29.     Failure by health profession board to exercise functions diligently  
   30.     Discharging health profession board  
   31.     Effect of discharge—interim board  

           Division 5.2--Status and powers of health profession board

   32.     Legal status of health profession board  
   33.     Banking and investment of money of board  
   34.     Prohibition on business  
   35.     Borrowing powers  
   36.     Community representative list  

   PART 6--REGULATION OF HEALTH PROFESSIONALS

           Division 6.1--Registration of health professionals

   37.     Who may be registered as a health professional?  

           Division 6.2--Performance reviews

   38.     Review of health professional's professional practice  
   39.     Initial and final review reports  

   PART 7--HEALTH PROFESSIONS TRIBUNAL

           Division 7.1--Health professions tribunal

   39A.    Definitions—pt 7  
   40.     Establishment and functions of health professions tribunal  
   40A.    Members of health professions tribunal  
   41.     Appointment of presidential members  
   41A.    Terms of appointment of presidential members generally  
   41B.    Matters to be included in instrument of appointment of presidential  
   41C.    Role of president of tribunal  
   41D.    Presiding member  
   41E.    Ending of appointment of presidential members  
   42.     Health professions tribunal panel  
   43.     Health professions representative list  
   43A.    Health professions tribunal panel may hear multiple applications  
   44.     When may presidential member alone constitute health professions  
   44A.    What happens if presidential member unavailable after tribunal panel hearing  
   44B.    What happens if non-presidential member unavailable after tribunal panel hearing  
   45.     Registrar and deputy registrars  

           Division 7.2--Applications to health professions tribunal

   46.     Application to health professions tribunal for review  
   46A.    Application to health professions tribunal by health profession board  
   47.     How to make an application  
   48.     Parties to proceeding  
   49.     Referral to panel by tribunal  

           Division 7.3--Tribunal proceedings

   49A.    Application to suspend or cancel health professional's  
   50.     Time and place of proceedings  
   51.     Notice of hearing  
   52.     Hearings usually in public  
   53.     Closed hearings in special circumstances  
   54.     Evidence  
   55.     Procedures  
   56.     Natural justice  
   57.     Representation before tribunal  
   58.     Preliminary hearing  
   59.     Powers in relation to witnesses etc  
   60.     Adjournment  
   61.     Interim and emergency orders  
   62.     Decision without inquiry  
   62A.    Deciding applications for review of decision by board or panel  
   63.     Deciding questions  
   64.     Orders tribunal may make  
   65.     Notice of decision  
   66.     Referral of questions of law to Supreme Court  
   67.     Appeals from health professions tribunal to Supreme Court  
   68.     Contempt of health professions tribunal  
   68A.    Application of Criminal Code, ch 7  
   69.     Approved forms  

   PART 8--OFFENCES

   70.     Meaning of registered for pt 8  
   71.     Offence to pretend registration  
   72.     Provision of regulated health services by unregistered people  
   72A.    False representation of person as health professional  
   73.     Conditions on practice  
   73A.    Direction to engage in unprofessional conduct  
   74.     Change of registered details  
   75.     No insurance  
   75A.    Sale of optical lenses  
   75B.    Standard of drugs  

   PART 9--REPORTING

           Division 9.1--Object of part 9

   76.     Object of pt 9  

           Division 9.2--Reporting

   77.     Meaning of registered health professional for div 9.2  
   78.     Who may report?  
   79.     Who may be given a report?  
   80.     False or misleading report  
   81.     How must report be made?  
   82.     Help in making report  
   83.     Further information about report etc  
   84.     Notice to health professional reported  

   PART 10--JOINT CONSIDERATION WITH COMMISSION

   85.     What does pt 10 apply to?  
   86.     Consultation with commission etc  
   87.     Indication that offence committed  

   PART 11--PERSONAL ASSESSMENT PANELS

           Division 11.1--Establishment and purpose

   88.     Establishment of personal assessment panel  
   89.     Referral of application by health professions tribunal  
   90.     What does a personal assessment panel do?  
   91.     Who must be on a personal assessment panel?  

           Division 11.2--Assessments by personal assessment panels

   92.     Natural justice  
   93.     Assessment by personal assessment panel  
   94.     Powers of personal assessment panel on inquiry  
   94A.    Lawyer assisting personal assessment panel  
   95.     Legal representation before personal assessment panel  
   96.     How does personal assessment panel reach a decision?  
   97.     Action of personal assessment panel after inquiry  
   98.     Inappropriate referral to personal assessment panel  
   99.     Referral to board  

           Division 11.3--Action by board after inquiry by personal assessment panel

   100.    Board consideration of referral by personal assessment panel  
   101.    Acceptance of condition  
   102.    Decision on referred health professional  
   103.    Applications for condition review  
   104.    Review of application  
   105.    Action by board on recommendations by personal assessment panel  

   PART 12--PROFESSIONAL STANDARDS PANELS

           Division 12.1--Establishment of professional standards panel

   106.    Establishment of professional standards panel  
   107.    What does a professional standards panel do?  
   108.    Who must be on a professional standards panel?  
   109.    Referral of application by health professions tribunal  

           Division 12.2--Inquiries by professional standards panels

   110.    When may professional standards panel choose not to inquire?  
   111.    How does professional standards panel reach a decision?  
   112.    Inappropriate referral to professional standards panel  

           Division 12.3--Procedural requirements for inquiry hearings

   113.    Setting inquiry hearing times  
   114.    Conduct of inquiry hearing  
   115.    Inquiry by professional standards panel  
   116.    Role of commission  
   117.    Inquiry hearings usually closed  
   118.    Interim actions  
   119.    Adjournment  
   119A.   Lawyer assisting professional standards panel  
   120.    Representation at inquiry hearing  
   121.    Record of standards inquiry  
   122.    Action of professional standards panel after inquiry  
   123.    Inquiry report  
   124.    Publication of standards inquiry report  

   PART 13--PROTECTION AND INFORMATION

   125.    Meaning of informed person for pt 13  
   126.    Protection of participants and people reporting  
   127.    Protection of informed people  
   128.    Nondisclosure of reports  
   129.    Secrecy  

   PART 13A--OPTOMETRISTS--AUTHORISATION FOR POSSESSION AND USE OF POISONS AND RESTRICTED SUBSTANCES

   129A.   Definitions—pt 13A  
   129B.   ACT requirements for drug authorities  
   129C.   Optometrist drug authorities  
   129D.   Term of drug authorities  
   129E.   Possession, use, supply and prescription of certain substances  
   129F.   ACT Optometrists Board—reviewable decisions  
   129G.   ACT Optometrists Board—review of decisions  
   129H.   ACT Optometrists Board—notification of decisions  

   PART 14--MISCELLANEOUS

   130.    Exemptions from Act  
   130A.   Pharmacists—record of prescriptions  
   130B.   Medical practitioner etc may dispense medicines  
   130C.   Restrictions on supply of certain medicines etc  
   131.    Costs of supervising protective action  
   132.    Determination of fees by board  
   133.    Determination of fees by Minister  
   134.    Regulation-making power  

   PART 15--TRANSITIONAL PROVISIONS

   135.    Definitions for pt 15  
   136.    Repeals  
   137.    Professions to be regulated  
   138.    What happens to registration under repealed Acts?  
   139.    Conditional registration  
   140.    What about unfinished board inquiry under repealed Acts?  
   141.    What about board orders under repealed Acts?  
   142.    What about suspensions under repealed Acts?  
   143.    Suspension or cancellation under repealed Acts  
   144.    What about current board fines under repealed Acts?  
   145.    What about past board fines under repealed Acts?  
   146.    What about appeals from board decisions?  
   147.    Vesting of assets and liabilities of Territory in health profession  
   148.    Registration of changes in title to certain assets  
   149.    Proceedings and evidence in relation to vested assets and liabilities  
   150.    Prerequisites for appointment to health profession board  
   150A.   People previously registered under repealed Act—s 77  
   150B.   People previously registered under Act or repealed Act  
   150C.   Existing inquiries  
   150D.   Appointment and election of health profession board members before Act fully  
   150K.   Complaints made before HRC commencement day  
   151.    Transitional regulations  
   152.     Modification of pt 15's operation  
   153.    Expiry—pt 15  
           DICTIONARY
           ENDNOTES