HEALTH PRACTITIONER REGULATION NATIONAL LAW (ACT)
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objectives
- 3A Guiding principles
- 4 How functions to be exercised
- 5 Definitions
- 6 Interpretation generally
- 7 Single national entity
- 8 Extraterritorial operation of Law
- 9 Trans-Tasman mutual recognition principle
- 10 Law binds the State
PART 2--MINISTERIAL COUNCIL
- 11 Policy directions
- 12 Approval of registration standards
- 13 Approvals in relation to specialist registration
- 14 Approval of endorsement in relation to scheduled medicines
- 15 Approval of areas of practice for purposes of endorsement
- 16 How Ministerial Council exercises functions
- 17 Notification and publication of directions and approvals
PART 4--AUSTRALIAN HEALTH PRACTITIONER REGULATION AGENCY
Division 1--National Agency
- 23 National Agency
- 24 General powers of National Agency
- 25 Functions of National Agency
- 26 Health profession agreements
- 27 Co-operation with participating jurisdictions and Commonwealth
- 28 Office of National Agency
Division 2--Agency Board
PART 5--NATIONAL BOARDS
Division 1--National Boards
- 31 Regulations must provide for National Boards
- 31A Status of National Board
- 32 Powers of National Board
- 33 Membership of National Boards
- 34 Eligibility for appointment
Division 2--Functions of National Boards
- 35 Functions of National Boards
- 35A National Board consideration of criminal history
- 36 State and Territory Boards
- 37 Delegation of functions
Division 3--Registration standards and codes and guidelines
- 38 National board must develop registration standards
- 39 Codes and guidelines
- 40 Consultation about registration standards, codes and guidelines
- 41 Use of registration standards, codes or guidelines in
PART 6--ACCREDITATION
Division 1--Preliminary
- 42 Definition
Division 2--Accreditation authorities
- 43 Accreditation authority to be decided
- 44 National Agency may enter into contracts with external
- 45 Accreditation processes to be published
Division 3--Accreditation functions
- 46 Development of accreditation standards
- 47 Approval of accreditation standards
- 48 Accreditation of programs of study
- 49 Approval of accredited programs of study
- 50 Accreditation authority to monitor approved programs of study
- 51 Changes to approval of program of study
PART 7--REGISTRATION OF HEALTH PRACTITIONERS
Division 1--General registration
- 52 Eligibility for general registration
- 53 Qualifications for general registration
- 54 Examination or assessment for general registration
- 55 Unsuitability to hold general registration
- 56 Period of general registration
Division 2--Specialist registration
- 57 Eligibility for specialist registration
- 58 Qualifications for specialist registration
- 59 Examination or assessment for specialist registration
- 60 Unsuitability to hold specialist registration
- 61 Period of specialist registration
Division 3--Provisional registration
- 62 Eligibility for provisional registration
- 63 Unsuitability to hold provisional registration
- 64 Period of provisional registration
Division 4--Limited registration
- 65 Eligibility for limited registration
- 66 Limited registration for postgraduate training or supervised
- 67 Limited registration for area of need
- 68 Limited registration in public interest
- 69 Limited registration for teaching or research
- 70 Unsuitability to hold limited registration
- 71 Limited registration not to be held for more than one purpose
- 72 Period of limited registration
Division 5--Non-practising registration
- 73 Eligibility for non-practising registration
- 74 Unsuitability to hold non-practising registration
- 75 Registered health practitioner who holds non-practising registration must not practise
- 76 Period of non-practising registration
Division 6--Application for registration
- 77 Application for registration
- 78 Power to check applicant's proof of identity
- 79 Power to check applicant's criminal history
- 80 Boards' other powers before deciding application for registration
- 81 Applicant may make submissions about proposed refusal of application or imposition of
- 82 Decision about application
- 83 Conditions of registration
- 83A Undertakings at registration
- 84 Notice to be given to applicant
- 85 Failure to decide application
Division 6A--Withdrawal of registration
- 85A Power to withdraw registration
- 85B Registered health practitioner may make submissions about proposed withdrawal of
- 85C Decision about withdrawal of registration
- 85D Notice to be given to registered health practitioner
- 85E When decision takes effect
Division 7--Student registration
Subdivision 1--Persons undertaking approved programs of study- 86 Definitions
- 87 National Board must register persons undertaking approved
- 88 National Board may ask education provider for list of persons undertaking approved
- 89 Registration of students
- 90 Period of student registration Subdivision 2--Other persons to be registered as students
- 91 Education provider to provide lists of persons Subdivision 3--General provisions applicable to students
- 92 Notice to be given if student registration suspended or
- 93 Report to National Board of cessation of status as student
Division 8--Endorsement of registration
Subdivision 1--Endorsement in relation to scheduled medicines- 94 Endorsement for scheduled medicines Subdivision 2--Endorsement in relation to nurse practitioners
- 95 Endorsement as nurse practitioner Subdivision 4--Endorsement in relation to acupuncture
- 97 Endorsement for acupuncture Subdivision 5--Endorsements in relation to approved areas of practice
- 98 Endorsement for approved area of practice Subdivision 6--Application for endorsement
- 99 Application for endorsement
- 100 Boards' other powers before deciding application for endorsement
- 101 Applicant may make submissions about proposed refusal of
- 102 Decision about application
- 103 Conditions of endorsement
- 103A Undertakings at endorsement
- 104 Notice of decision to be given to applicant
- 105 Period of endorsement
- 106 Failure to decide application for endorsement
Division 9--Renewal of registration
- 107 Application for renewal of registration or endorsement
- 108 Registration taken to continue in force
- 109 Annual statement
- 110 National Board's powers before making decision
- 111 Applicant may make submissions about proposed refusal of application for renewal or
- 112 Decision about application for renewal
Division 10--Title and practice protections
Subdivision 1--Title protections- 113 Restriction on use of protected titles
- 114 Use of title “acupuncturist”
- 115 Restriction on use of specialist titles
- 115A Claims by persons as to membership of surgical class
- 116 Claims by persons as to registration as health practitioner
- 117 Claims by persons as to registration in particular profession or
- 118 Claims by persons as to specialist registration
- 119 Claims about type of registration or registration in recognised
- 120 Registered health practitioner registered on conditions Subdivision 2--Practice protections
- 121 Restricted dental acts
- 122 Restriction on prescription of optical appliances
- 123 Restriction on spinal manipulation
Division 11--Miscellaneous
Subdivision 1--Certificates of registration- 124 Issue of certificate of registration Subdivision 2--Review of conditions and undertakings
- 125 Changing or removing conditions or undertaking on application by registered
- 126 Changing conditions on Board's initiative
- 127 Removal of condition or revocation of undertaking
- 127A When matters under this subdivision may be decided by review body of a co-regulatory Subdivision 3--Obligations of registered health practitioners and students
- 128 Continuing professional development
- 129 Professional indemnity insurance arrangements
- 130 Registered health practitioner or student to give National Board
- 131 Change in principal place of practice, address or name
- 132 National Board may ask registered health practitioner for practice Subdivision 4--Advertising
- 133 Advertising Subdivision 5--Board's powers to check identity and criminal history
- 134 Evidence of identity
- 135 Criminal history check Subdivision 6--General
- 136 Directing or inciting unprofessional conduct or professional
- 137 Surrender of registration
PART 8--HEALTH, PERFORMANCE AND CONDUCT
Division 1--Preliminary
- 138 Application of Part to persons who are registered health practitioners
- 139 Proceedings in relation to practitioner's behaviour while temporarily
- 139A Application of Part to persons who were registered health practitioners
- 139B Application of Part to persons who were registered under corresponding prior
Division 2--Mandatory notifications
- 140 Definition of notifiable conduct
- 141 Mandatory notifications by health practitioners other than treating
- 141A Mandatory notifications by treating practitioners of sexual
- 141B Mandatory notifications by treating practitioners of substantial risk of harm to
- 141C When practitioner does not form reasonable belief in course of providing health
- 142 Mandatory notifications by employers
- 143 Mandatory notifications by education providers
Division 3--Voluntary notifications
Division 4--Making a notification
Division 5--Preliminary assessment
- 148 Referral of notification to National Board or co-regulatory
- 149 Preliminary assessment
- 149A Power to require information
- 149B Inspection of documents
- 150 Relationship with health complaints entity
- 150A Referral to other entities
- 151 When National Board may decide to take no further action
- 152 National Board to give notice of receipt of notification
Division 6--Other matters
- 153 National Board may deal with notifications about same person
- 154 National Boards may deal with notifications collaboratively
Division 7--Immediate action
- 155 Definition
- 156 Power to take immediate action
- 157 Show cause process
- 158 Notice to be given to registered health practitioner or student about immediate
- 159 Period of immediate action
- 159A Board may give information to notifier about immediate action
Division 7B--Public statements
- 159P Definition
- 159Q Making of public statement
- 159R Show cause process for public statement
- 159S Revision of public statement by regulatory body
- 159T Revocation of public statement
Division 8--Investigations
Subdivision 1--Preliminary- 160 When investigation may be conducted
- 161 Registered health practitioner or student to be given notice of
- 162 Investigation to be conducted in timely way Subdivision 2--Investigators
- 163 Appointment of investigators
- 164 Identity card
- 165 Display of identity card Subdivision 3--Procedure after investigation
- 166 Investigator's report about investigation
- 167 Joint decision by National Board and health complaints entity
- 167A Board may give information to notifier about result of
Division 9--Health and performance assessments
- 168 Definition
- 169 Requirement for health assessment
- 170 Requirement for performance assessment
- 171 Appointment of assessor to carry out assessment
- 172 Notice to be given to registered health practitioner or student
- 173 Assessor may require information or attendance
- 174 Inspection of documents
- 175 Report from assessor
- 176 Copy of report to be given to health practitioner or student
- 177 Joint decision by National Board and health complaints entity
- 177A Board may give information to notifier about decision following assessor's
Division 10--Action by National Board
- 178 National Board may take action
- 179 Show cause process
- 180 Notice to be given to health practitioner or student and notifier
Division 11--Panels
- 181 Establishment of health panel
- 182 Establishment of performance and professional standards panel
- 183 List of approved persons for appointment to panels
- 184 Notice to be given to registered health practitioner or student
- 185 Procedure of panel
- 186 Legal representation
- 186A Role of health complaints entity
- 187 Submission by notifier
- 188 Panel may proceed in absence of registered health practitioner
- 189 Hearing not open to the public
- 190 Referral to responsible tribunal or National Board
- 191 Decision of panel
- 191A Decision of panel after reconsideration of suspension
- 191B Change of reconsideration date for suspension of registration
- 192 Notice to be given about panel's decision
Division 12--Referring matter to responsible tribunals
- 193 Matters to be referred to responsible tribunal
- 193A National Boards may decide not to refer certain matters
- 194 Parties to the proceedings
- 195 Costs
- 196 Decision by responsible tribunal about registered health
- 196A Offences relating to prohibition orders
- 197 Decision by responsible tribunal about student
- 198 Relationship with Act establishing responsible tribunal
Division 13--Appeals
- 199 Appellable decisions
- 200 Parties to the proceedings
- 201 Costs
- 202 Decision
- 203 Relationship with Act establishing responsible tribunal
Division 14--Miscellaneous
- 204 Notice from adjudication body
- 205 Implementation of decisions
- 206 National Board to give notice to registered health practitioner's employer and
- 207 Effect of suspension
PART 9--FINANCE
- 208 Australian Health Practitioner Regulation Agency Fund
- 209 Payments into Agency Fund
- 210 Payments out of Agency Fund
- 211 Investment of money in Agency Fund
- 212 Financial management duties of National Agency and National Boards
PART 10--INFORMATION AND PRIVACY
Division 1A--Australian Information Commissioner
- 212A Application of Commonwealth AIC Act
Division 1--Privacy
- 213 Application of Commonwealth Privacy Act
Division 2--Disclosure of information and confidentiality
- 214 Definition
- 215 Application of Commonwealth FOI Act
- 216 Duty of confidentiality
- 217 Disclosure of information for workforce planning
- 218 Disclosure of information for information management and communication
- 219 Disclosure of information to other Commonwealth, State and
- 220 Disclosure to protect health or safety of patients or other persons
- 220A Disclosure of information about registered health practitioners to protect health or safety
- 220B Disclosure of information about unregistered persons to protect health or safety of
- 221 Disclosure to registration authorities
Division 3--Registers in relation to registered health practitioner
- 222 Public national registers
- 223 Specialists Registers
- 224 Way registers are to be kept
- 225 Information to be recorded in National Register
- 226 National Board may decide not to include or to remove certain information in
- 227 Register about former registered health practitioners
- 228 Inspection of registers
Division 4--Student registers
Division 5--Other records
- 231 Other records to be kept by National Boards
- 232 Record of adjudication decisions to be kept and made publicly
Division 6--Unique identifier
- 233 Unique identifier to be given to each registered health
PART 11--MISCELLANEOUS
Division 1--Provisions relating to persons exercising functions under Law
- 234 General duties of persons exercising functions under this Law
- 235 Application of Commonwealth Ombudsman Act
- 236 Protection from personal liability for persons exercising functions
- 237 Protection from liability for persons making notification or otherwise providing
Division 2--Inspectors
- 238 Functions and powers of inspectors
- 239 Appointment of inspectors
- 240 Identity card
- 241 Display of identity card
Division 3--Legal proceedings
- 241A Proceedings for indictable offences
- 242 Proceedings for other offences
- 243 Conduct may constitute offence and be subject of disciplinary
- 244 Evidentiary certificates
Division 4--Regulations
- 245 National regulations
- 246 Parliamentary scrutiny of national regulations
- 247 Effect of disallowance of national regulation
Division 5--Miscellaneous
PART 12--TRANSITIONAL PROVISIONS
Division 1--Preliminary
Division 2--Ministerial Council
- 252 Directions given by Ministerial council
- 253 Accreditation functions exercised by existing accreditation entities
- 254 Health profession standards approved by Ministerial Council
- 255 Accreditation standards approved by National Board
Division 3--Advisory Council
- 256 Members of Advisory Council
Division 4--National Agency
Division 5--Agency Management Committee
- 259 Members of Agency Management Committee
Division 6--Staff, consultants and contractors of National Agency
Division 7--Reports
- 263 Annual report
Division 8--National Boards
Division 9--Agency Fund
- 267 Agency Fund
Division 10--Offences
- 268 Offences
Division 11--Registration
- 269 General registration
- 270 Specialist registration
- 271 Provisional registration
- 272 Limited registration
- 273 Limited registration (public interest-occasional practice)
- 274 Non-practising registration
- 275 Registration for existing registered students
- 276 Registration for new students
- 277 Other registrations
- 278 Endorsements
- 279 Conditions imposed on registration or endorsement
- 280 Expiry of registration and endorsement
- 281 Protected titles for certain specialist health practitioners
- 282 First renewal of registration or endorsement
- 283 Programs of study
- 284 Exemption from requirement for professional indemnity insurance arrangements for
Division 12--Applications for registration and endorsement
- 285 Applications for registration
- 286 Applications for endorsement
- 287 Disqualifications and conditions relevant to applications for registration
Division 13--Complaints, notifications and disciplinary proceedings
- 288 Complaints and notifications made but not being dealt with on participation
- 289 Complaints and notifications being dealt with on participation day
- 290 Effect of suspension
- 291 Undertakings and other agreements
- 292 Orders
- 293 List of approved persons
Division 14--Local registration authority
- 294 Definition
- 295 Assets and liabilities
- 296 Records relating to registration and accreditation
- 297 Financial and administrative records
- 298 Pharmacy businesses and premises
- 299 Members of local registration authority
Division 15--Staged commencement for certain health professions
- 300 Application of Law to relevant health profession between commencement and 1 July
- 301 Ministerial Council may appoint external accreditation entity
- 302 Application of Law to appointment of first National Board for
- 303 Qualifications for general registration in relevant profession
- 304 Relationship with other provisions of Law
PART 13--TRANSITIONAL AND OTHER PROVISIONS FOR HEALTH PRACTITIONER REGULATION NATIONAL LAW AND OTHER LEGISLATION AMENDMENT BILL 2017
Division 1--Paramedicine Board and registration of paramedics
- 306 Definitions
- 307 Establishment of Paramedicine Board
- 308 Powers and functions of Paramedicine Board
- 309 Paramedicine Board taken to be a National Board for stated matters
- 310 CAA accredited programs of study
- 311 Qualifications for general registration in paramedicine for a limited
- 312 Accepted qualification for general registration in paramedicine
- 313 Provisions that apply to student registration for Diploma of Paramedical Science
- 314 Applications for registration in paramedicine and period of registration
- 315 Applications for registration in paramedicine made but not decided before participation
- 316 Period after participation day during which an individual does not commit an offence
- 317 Application of ss 113 and 116 to individual temporarily practising paramedicine in another
Division 2--Other transitional provisions
- 318 Deciding review period for decision on application made under section 125 before
- 319 Deciding review period for decision after notice given under section 126 before
- 320 Membership of continued National Boards
- 321 Offences relating to prohibition orders made before commencement
- 322 Register to include prohibition orders made before commencement
- 323 Public national registers
PART 14--TRANSITIONAL PROVISIONS FOR HEALTH PRACTITIONER REGULATION NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2022
PART 15--TRANSITIONAL PROVISION FOR HEALTH PRACTITIONER REGULATION NATIONAL LAW (SURGEONS) AMENDMENT ACT 2023
- 326 Application of ss 196A, 222, 223 and 227 to particular prohibition