HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004)
HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004)
TABLE OF PROVISIONS
Long Title
PART 1--INTRODUCTORY
1. Name of Act
2. Commencement
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 Community and Health Services Complaints 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
40. Establishment and functions of health professions tribunal
41. Appointment of tribunal president
42. How is a health professions tribunal panel made up?
43. Nomination of panel members
44. When may president alone constitute health professions tribunal?
45. Registrar
Division 7.2--Applications to health professions tribunal
46. Application to health professions tribunal for review
47. How to make an application
48. Parties to proceeding
49. Referral to panel by tribunal
Division 7.3--Tribunal proceedings
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
63. Decisions of tribunal
64. Orders tribunal may make
65. Notice of decision
66. Referral of questions of law to Supreme Court
67. Appeals to Supreme Court
68. Disrupting etc health professions tribunal
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
73. Conditions on practice
74. Change of registered details
75. No insurance
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 report be given to?
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 COMMISSIONER
85. What does pt 10 apply to?
86. Consultation with commissioner 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
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 commissioner
117. Inquiry hearings usually closed
118. Interim actions
119. Adjournment
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 14--MISCELLANEOUS
130. Exemptions from Act
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
151. Transitional regulations
152. Modification of pt 15's operation
153. Expiry of pt 15
DICTIONARY
ENDNOTES
