HEALTH PRACTITIONER REGULATION BILL 2009

New South Wales Bills

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This is a Bill, not an Act. For current law, see the Acts databases.

HEALTH PRACTITIONER REGULATION BILL 2009

New South Wales Health Practitioner Regulation Bill 2009 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Definitions 2 Part 2 Adoption of Health Practitioner Regulation National Law 4 Adoption of Health Practitioner Regulation National Law 3 5 Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction 3 6 Health, performance and conduct 3 7 Exclusion of legislation of this jurisdiction 3 Part 3 Miscellaneous 8 Regulations 5 2009079-10.d16

Health Practitioner Regulation Bill 2009 Contents Page 9 Review of Act 5 Note Health Practitioner Regulation National Law 6 Contents page 2

New South Wales Health Practitioner Regulation Bill 2009 No , 2009 A Bill for An Act to apply as a law of this State a national law relating to health practitioner regulation.

Clause 1 Health Practitioner Regulation Bill 2009 Part 1 Preliminary The Legislature of New South Wales enacts: 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Health Practitioner Regulation Act 2009. 4 2 Commencement 5 (1) Subject to subsection (2), this Act commences on 1 July 2010. 6 (2) A proclamation made before 1 July 2010 may appoint a day that is later 7 than 1 July 2010 as the day on which this Act commences. 8 3 Definitions 9 (1) In this Act: 10 Health Practitioner Regulation National Law (NSW) means the 11 provisions applying in this jurisdiction because of section 4. 12 (2) Terms used in this Act and also in the Health Practitioner Regulation 13 National Law set out in the Schedule to the Health Practitioner 14 Regulation National Law Act 2009 of Queensland have the same 15 meanings in this Act as they have in that Law. 16 Page 2

Health Practitioner Regulation Bill 2009 Clause 4 Adoption of Health Practitioner Regulation National Law Part 2 Part 2 Adoption of Health Practitioner Regulation 1 National Law 2 4 Adoption of Health Practitioner Regulation National Law 3 The Health Practitioner Regulation National Law, as in force from time 4 to time, set out in the Schedule to the Health Practitioner Regulation 5 National Law Act 2009 of Queensland: 6 (a) applies as a law of this jurisdiction, and 7 (b) as so applying may be referred to as the Health Practitioner 8 Regulation National Law (NSW), and 9 (c) so applies as if it were a part of this Act. 10 5 Meaning of generic terms in Health Practitioner Regulation National Law 11 for purposes of this jurisdiction 12 In the Health Practitioner Regulation National Law (NSW): 13 Magistrate means a Magistrate appointed under the Local Court Act 14 2007. 15 this jurisdiction means New South Wales. 16 6 Health, performance and conduct 17 For the purposes of section 4 (a), the Health Practitioner Regulation 18 National Law applies as a law of this jurisdiction as if: 19 (a) the definitions of health assessment, performance assessment, 20 professional misconduct, unprofessional conduct and 21 unsatisfactory professional performance in section 5 of the Law 22 were omitted, and 23 (b) Divisions 3 to 12 of Part 8 of the Law were omitted, and 24 (c) section 199 (1) (h)(k) of the Law were omitted. 25 7 Exclusion of legislation of this jurisdiction 26 The following Acts of this jurisdiction do not apply to the Health 27 Practitioner Regulation National Law (NSW) or to the instruments 28 made under that Law: 29 (a) the Annual Reports (Statutory Bodies) Act 1984, 30 (b) the Government Information (Information Commissioner) Act 31 2009, 32 (c) the Government Information (Public Access) Act 2009, 33 (d) the Interpretation Act 1987, 34 (e) the Ombudsman Act 1974, 35 Page 3

Clause 7 Health Practitioner Regulation Bill 2009 Part 2 Adoption of Health Practitioner Regulation National Law (f) the Privacy and Personal Information Protection Act 1998, 1 (g) the Public Finance and Audit Act 1983, 2 (h) the Public Sector Employment and Management Act 2002, 3 (i) the Subordinate Legislation Act 1989. 4 Page 4

Health Practitioner Regulation Bill 2009 Clause 8 Miscellaneous Part 3 Part 3 Miscellaneous 1 8 Regulations 2 The Governor may make regulations, not inconsistent with this Act, for 3 or with respect to any matter that by this Act is required or permitted to 4 be prescribed or that is necessary or convenient to be prescribed for 5 carrying out or giving effect to this Act. 6 9 Review of Act 7 (1) The Minister is to review this Act to determine whether the policy 8 objectives of the Act remain valid and whether the terms of the Act 9 remain appropriate for securing those objectives. 10 (2) The review is to be undertaken as soon as possible after the period of 11 5 years from the date of assent to this Act. 12 (3) A report on the outcome of the review is to be tabled in each House of 13 Parliament within 12 months after the end of the period of 5 years. 14 Page 5

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law Note Health Practitioner Regulation National Law Note. The text of the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland (as at the date of its enactment) is set out below. The National Law (as in force from time to time) is applied as a law of New South Wales. Contents Part 1 Preliminary 1 Short title 2 Commencement 3 Objectives and 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 3 Australian Health Workforce Advisory Council 18 Establishment of Advisory Council 19 Function of Advisory Council 20 Publication of advice 21 Powers of Advisory Council 22 Membership of Advisory Council Part 4 Australian Health Practitioner Regulation Agency Division 1 National Agency 23 National Agency 24 General powers of National Agency Page 6

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 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 Management Committee 29 Agency Management Committee 30 Functions of Agency Management Committee Part 5 National Boards Division 1 National Boards 31 Establishment of National Boards 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 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 disciplinary proceedings 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 accreditation entities 45 Accreditation processes to be published Division 3 Accreditation functions 46 Development of accreditation standards 47 Approval of accreditation standards Page 7

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 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 practice 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 the profession 76 Period of non-practising registration Page 8

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 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 condition 82 Decision about application 83 Conditions of registration 84 Notice to be given to applicant 85 Failure to decide application Division 7 Student registration Subdivision 1 Persons undertaking approved programs of study 86 Definitions 87 National Board must register persons undertaking approved program of study 88 National Board may ask education provider for list of persons undertaking approved program of study 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 condition imposed 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 3 Endorsement in relation to midwife practitioners 96 Endorsement as midwife practitioner Page 9

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 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 application or imposition of condition 102 Decision about application 103 Conditions of 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 imposition of condition 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 116 Claims by persons as to registration as health practitioner 117 Claims by persons as to registration in particular profession or division 118 Claims by persons as to specialist registration 119 Claims about type of registration or registration in recognised specialty 120 Registered health practitioner registered on conditions Page 10

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 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 health practitioner or student 126 Changing conditions on Board's initiative 127 Removal of condition or revocation of undertaking 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 notice of certain events 131 Change in principal place of practice, address or name 132 National Board may ask registered health practitioner for employer's details 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 misconduct 137 Surrender of registration Part 8 Health, performance and conduct Division 1 Preliminary 138 Part applicable to persons formerly registered under this Law Page 11

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 139 Part applicable to persons formerly registered under corresponding prior Act in certain circumstances Division 2 Mandatory notifications 140 Definition of notifiable conduct 141 Mandatory notifications by health practitioners 142 Mandatory notifications by employers 143 Mandatory notifications by education providers Division 3 Voluntary notifications 144 Grounds for voluntary notification 145 Who may make voluntary notification Division 4 Making a notification 146 How notification is made 147 National Agency to provide reasonable assistance to notifier Division 5 Preliminary assessment 148 Referral of notification to National Board or co-regulatory authority 149 Preliminary assessment 150 Relationship with health complaints entity 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 together 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 action 159 Period of immediate action Division 8 Investigations Subdivision 1 Preliminary 160 When investigation may be conducted Page 12

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 161 Registered health practitioner or student to be given notice of investigation 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 Decision by National Board 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 about assessment 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 Decision by National Board 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 187 Submission by notifier 188 Panel may proceed in absence of registered health practitioner or student 189 Hearing not open to the public 190 Referral to responsible tribunal Page 13

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 191 Decision of panel 192 Notice to be given about panel's decision Division 12 Referring matter to responsible tribunals 193 Matters to be referred to responsible tribunal 194 Parties to the proceedings 195 Costs 196 Decision by responsible tribunal about registered health practitioner 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 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 1 Privacy 213 Application of Commonwealth Privacy Act Division 2 Disclosure of information and confidentiality 214 Definition 215 Application of Commonwealth FOI Act Page 14

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 216 Duty of confidentiality 217 Disclosure of information for workforce planning 218 Disclosure of information for information management and communication purposes 219 Disclosure of information to other Commonwealth, State and Territory entities 220 Disclosure to protect health or safety of patients or other persons 221 Disclosure to registration authorities Division 3 Registers in relation to registered health practitioner 222 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 register 227 Register about former registered health practitioners 228 Inspection of registers Division 4 Student registers 229 Student registers 230 Information to be recorded in student register Division 5 Other records 231 Other records to be kept by National Boards 232 Record of adjudication decisions to be kept and made publicly available Division 6 Unique identifier 233 Unique identifier to be given to each registered health practitioner 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 information Division 2 Inspectors 238 Functions and powers of inspectors Page 15

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 239 Appointment of inspectors 240 Identity card 241 Display of identity card Division 3 Legal proceedings 242 Proceedings for offences 243 Conduct may constitute offence and be subject of disciplinary proceedings 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 248 Combined notice may be given 249 Fees Part 12 Transitional provisions Division 1 Preliminary 250 Definitions 251 References to registered health practitioners 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 257 Health profession agreements 258 Service agreement Division 5 Agency Management Committee 259 Members of Agency Management Committee Page 16

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Division 6 Staff, consultants and contractors of National Agency 260 Chief executive officer 261 Staff 262 Consultants and contractors Division 7 Reports 263 Annual report Division 8 National Boards 264 Members of National Boards 265 Committees 266 Delegation 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 midwives practising private midwifery Division 12 Applications for registration and endorsement 285 Applications for registration 286 Applications for endorsement Page 17

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 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 day 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 2012 301 Ministerial Council may appoint external accreditation entity 302 Application of Law to appointment of first National Board for relevant professions 303 Qualifications for general registration in relevant profession 304 Relationship with other provisions of Law Division 16 Savings and transitional regulations 305 Savings and transitional regulations Schedule 1 Constitution and procedure of Advisory Council Schedule 2 Agency Management Committee Schedule 3 National Agency Schedule 4 National Boards Schedule 5 Investigators Schedule 6 Inspectors Schedule 7 Miscellaneous provisions relating to interpretation Page 18

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Part 1 Preliminary 1 1 Short title 2 This Law may be cited as the Health Practitioner Regulation National 3 Law. 4 2 Commencement 5 This Law commences in a participating jurisdiction as provided by the 6 Act of that jurisdiction that applies this Law as a law of that jurisdiction. 7 3 Objectives and guiding principles 8 (1) The object of this Law is to establish a national registration and 9 accreditation scheme for-- 10 (a) the regulation of health practitioners; and 11 (b) the registration of students undertaking-- 12 (i) programs of study that provide a qualification for 13 registration in a health profession; or 14 (ii) clinical training in a health profession. 15 (2) The objectives of the national registration and accreditation scheme 16 are-- 17 (a) to provide for the protection of the public by ensuring that only 18 health practitioners who are suitably trained and qualified to 19 practise in a competent and ethical manner are registered; and 20 (b) to facilitate workforce mobility across Australia by reducing the 21 administrative burden for health practitioners wishing to move 22 between participating jurisdictions or to practise in more than one 23 participating jurisdiction; and 24 (c) to facilitate the provision of high quality education and training 25 of health practitioners; and 26 (d) to facilitate the rigorous and responsive assessment of 27 overseas-trained health practitioners; and 28 (e) to facilitate access to services provided by health practitioners in 29 accordance with the public interest; and 30 (f) to enable the continuous development of a flexible, responsive 31 and sustainable Australian health workforce and to enable 32 innovation in the education of, and service delivery by, health 33 practitioners. 34 Page 19

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (3) The guiding principles of the national registration and accreditation 1 scheme are as follows-- 2 (a) the scheme is to operate in a transparent, accountable, efficient, 3 effective and fair way; 4 (b) fees required to be paid under the scheme are to be reasonable 5 having regard to the efficient and effective operation of the 6 scheme; 7 (c) restrictions on the practice of a health profession are to be 8 imposed under the scheme only if it is necessary to ensure health 9 services are provided safely and are of an appropriate quality. 10 4 How functions to be exercised 11 An entity that has functions under this Law is to exercise its functions 12 having regard to the objectives and guiding principles of the national 13 registration and accreditation scheme set out in section 3. 14 5 Definitions 15 In this Law-- 16 accreditation authority means-- 17 (a) an external accreditation entity; or 18 (b) an accreditation committee. 19 accreditation committee means a committee established by a National 20 Board to exercise an accreditation function for the health profession for 21 which the Board is established. 22 accreditation standard, for a health profession, means a standard used 23 to assess whether a program of study, and the education provider that 24 provides the program of study, provide persons who complete the 25 program with the knowledge, skills and professional attributes 26 necessary to practise the profession in Australia. 27 accredited program of study means a program of study accredited 28 under section 48 by an accreditation authority. 29 adjudication body means-- 30 (a) a panel; or 31 (b) a responsible tribunal; or 32 (c) a Court; or 33 (d) an entity of a co-regulatory jurisdiction that is declared in the Act 34 applying this Law to be an adjudication body for the purposes of 35 this Law. 36 Advisory Council means the Australian Health Workforce Advisory 37 Council established by section 18. 38 Page 20

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Agency Fund means the Australian Health Practitioner Regulation 1 Agency Fund established by section 208. 2 Agency Management Committee means the Australian Health 3 Practitioner Regulation Agency Management Committee established 4 by section 29. 5 appropriate professional indemnity insurance arrangements, in 6 relation to a registered health practitioner, means professional 7 indemnity insurance arrangements that comply with an approved 8 registration standard for the health profession in which the practitioner 9 is registered. 10 approved accreditation standard means an accreditation standard-- 11 (a) approved by a National Board under section 47(3); and 12 (b) published on the Board's website under section 47(6). 13 approved area of practice, for a health profession, means an area of 14 practice approved under section 15 for the profession. 15 approved program of study, for a health profession or for endorsement 16 of registration in a health profession, means an accredited program of 17 study-- 18 (a) approved under section 49(1) by the National Board established 19 for the health profession; and 20 (b) included in the list published by the National Agency under 21 section 49(5). 22 approved qualification-- 23 (a) for a health profession, means a qualification obtained by 24 completing an approved program of study for the profession; and 25 (b) for endorsement of registration in a health profession, means a 26 qualification obtained by completing an approved program of 27 study relevant to the endorsement. 28 approved registration standard means a registration standard-- 29 (a) approved by the Ministerial Council under section 12; and 30 (b) published on the website of the National Board that developed 31 the standard. 32 Australian legal practitioner means a person who-- 33 (a) is admitted to the legal profession under the law of a State or 34 Territory; and 35 (b) holds a current practising certificate under a law of a State or 36 Territory authorising the person to practise the legal profession. 37 Page 21

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law COAG Agreement means the agreement for a national registration and 1 accreditation scheme for health professions, made on 26 March 2008 2 between the Commonwealth, the States, the Australian Capital 3 Territory and the Northern Territory. 4 Note. A copy of the COAG Agreement is available on the Council of Australian 5 Governments' website. 6 co-regulatory authority, for a co-regulatory jurisdiction, means an 7 entity that is declared by the Act applying this Law in the co-regulatory 8 jurisdiction to be a co-regulatory authority for the purposes of this Law. 9 co-regulatory jurisdiction means a participating jurisdiction in which 10 the Act applying this Law declares that the jurisdiction is not 11 participating in the health, performance and conduct process provided 12 by Divisions 3 to 12 of Part 8. 13 corresponding prior Act means a law of a participating jurisdiction 14 that-- 15 (a) was in force before the day on which the jurisdiction became a 16 participating jurisdiction; and 17 (b) established an entity having functions that included-- 18 (i) the registration of persons as health practitioners; or 19 (ii) health, conduct or performance action. 20 criminal history, of a person, means the following-- 21 (a) every conviction of the person for an offence, in a participating 22 jurisdiction or elsewhere, and whether before or after the 23 commencement of this Law; 24 (b) every plea of guilty or finding of guilt by a court of the person for 25 an offence, in a participating jurisdiction or elsewhere, and 26 whether before or after the commencement of this Law and 27 whether or not a conviction is recorded for the offence; 28 (c) every charge made against the person for an offence, in a 29 participating jurisdiction or elsewhere, and whether before or 30 after the commencement of this Law. 31 criminal history law means a law of a participating jurisdiction that 32 provides that spent or other convictions do not form part of a person's 33 criminal history and prevents or does not require the disclosure of those 34 convictions. 35 CrimTrac means the CrimTrac agency established under section 65 of 36 the Public Service Act 1999 of the Commonwealth. 37 division, of a health profession, means a part of a health profession for 38 which a Division is included in the National Register kept for the 39 profession. 40 Page 22

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note education provider means-- 1 (a) a university; or 2 (b) a tertiary education institution, or another institution or 3 organisation, that provides vocational training; or 4 (c) a specialist medical college or other health profession college. 5 entity includes a person and an unincorporated body. 6 exercise a function includes perform a duty. 7 external accreditation entity means an entity, other than a committee 8 established by a National Board, that exercises an accreditation 9 function. 10 health assessment means an assessment of a person to determine 11 whether the person has an impairment and includes a medical, physical, 12 psychiatric or psychological examination or test of the person. 13 health complaints entity means an entity-- 14 (a) that is established by or under an Act of a participating 15 jurisdiction; and 16 (b) whose functions include conciliating, investigating and resolving 17 complaints made against health service providers and 18 investigating failures in the health system. 19 health, conduct or performance action means action that-- 20 (a) a National Board or an adjudication body may take in relation to 21 a registered health practitioner or student at the end of a 22 proceeding under Part 8; or 23 (b) a co-regulatory authority or an adjudication body may take in 24 relation to a registered health practitioner or student at the end of 25 a proceeding that, under the law of a co-regulatory jurisdiction, 26 substantially corresponds to a proceeding under Part 8. 27 health panel means a panel established under section 181. 28 health practitioner means an individual who practises a health 29 profession. 30 health profession means the following professions, and includes a 31 recognised specialty in any of the following professions-- 32 (a) Aboriginal and Torres Strait Islander health practice; 33 (b) Chinese medicine; 34 (c) chiropractic; 35 (d) dental (including the profession of a dentist, dental therapist, 36 dental hygienist, dental prosthetist and oral health therapist); 37 (e) medical; 38 Page 23

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (f) medical radiation practice; 1 (g) nursing and midwifery; 2 (h) occupational therapy; 3 (i) optometry; 4 (j) osteopathy; 5 (k) pharmacy; 6 (l) physiotherapy; 7 (m) podiatry; 8 (n) psychology. 9 Note. See Division 15 of Part 12 which provides for a staged commencement 10 of the application of this Law to the Aboriginal and Torres Strait Islander health 11 practice, Chinese medicine, medical radiation practice and occupational 12 therapy professions. 13 health profession agreement has the meaning given by section 26. 14 health program means a program providing education, prevention, 15 early intervention, treatment or rehabilitation services relating to 16 physical or mental impairments, disabilities, conditions or disorders, 17 including substance abuse or dependence. 18 health service includes the following services, whether provided as 19 public or private services-- 20 (a) services provided by registered health practitioners; 21 (b) hospital services; 22 (c) mental health services; 23 (d) pharmaceutical services; 24 (e) ambulance services; 25 (f) community health services; 26 (g) health education services; 27 (h) welfare services necessary to implement any services referred to 28 in paragraphs (a) to (g); 29 (i) services provided by dietitians, masseurs, naturopaths, social 30 workers, speech pathologists, audiologists or audiometrists; 31 (j) pathology services. 32 health service provider means a person who provides a health service. 33 Page 24

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note impairment, in relation to a person, means the person has a physical or 1 mental impairment, disability, condition or disorder (including 2 substance abuse or dependence) that detrimentally affects or is likely to 3 detrimentally affect-- 4 (a) for a registered health practitioner or an applicant for registration 5 in a health profession, the person's capacity to practise the 6 profession; or 7 (b) for a student, the student's capacity to undertake clinical 8 training-- 9 (i) as part of the approved program of study in which the 10 student is enrolled; or 11 (ii) arranged by an education provider. 12 local registration authority means an entity having functions under a 13 law of a State or Territory that include the registration of persons as 14 health practitioners. 15 mandatory notification means a notification an entity is required to 16 make to the National Agency under Division 2 of Part 8. 17 medical practitioner means a person who is registered under this Law 18 in the medical profession. 19 Ministerial Council means the Australian Health Workforce 20 Ministerial Council comprising Ministers of the governments of the 21 participating jurisdictions and the Commonwealth with portfolio 22 responsibility for health. 23 National Agency means the Australian Health Practitioner Regulation 24 Agency established by section 23. 25 National Board means a National Health Practitioner Board established 26 by section 31. 27 National Register means the Register kept by a National Board under 28 section 222. 29 national registration and accreditation scheme means the scheme-- 30 (a) referred to in the COAG Agreement; and 31 (b) established by this Law. 32 notification means-- 33 (a) a mandatory notification; or 34 (b) a voluntary notification. 35 notifier means a person who makes a notification. 36 panel means-- 37 (a) a health panel; or 38 (b) a performance and professional standards panel. 39 Page 25

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law participating jurisdiction means a State or Territory-- 1 (a) that is a party to the COAG Agreement; and 2 (b) in which-- 3 (i) this Law applies as a law of the State or Territory; or 4 (ii) a law that substantially corresponds to the provisions of 5 this Law has been enacted. 6 performance and professional standards panel means a panel 7 established under section 182. 8 performance assessment means an assessment of the knowledge, skill 9 or judgment possessed, or care exercised by, a registered health 10 practitioner in the practice of the health profession in which the 11 practitioner is registered. 12 police commissioner means the commissioner of the police force or 13 police service of a participating jurisdiction or the Commonwealth. 14 principal place of practice, for a registered health practitioner, means 15 the address declared by the practitioner to be the address-- 16 (a) at which the practitioner is predominantly practising the 17 profession; or 18 (b) if the practitioner is not practising the profession or is not 19 practising the profession predominantly at one address, that is the 20 practitioner's principal place of residence. 21 professional misconduct, of a registered health practitioner, includes-- 22 (a) unprofessional conduct by the practitioner that amounts to 23 conduct that is substantially below the standard reasonably 24 expected of a registered health practitioner of an equivalent level 25 of training or experience; and 26 (b) more than one instance of unprofessional conduct that, when 27 considered together, amounts to conduct that is substantially 28 below the standard reasonably expected of a registered health 29 practitioner of an equivalent level of training or experience; and 30 (c) conduct of the practitioner, whether occurring in connection with 31 the practice of the health practitioner's profession or not, that is 32 inconsistent with the practitioner being a fit and proper person to 33 hold registration in the profession. 34 program of study means a program of study provided by an education 35 provider. 36 psychologist means a person registered under this Law in the 37 psychology profession. 38 Page 26

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note public health facility includes-- 1 (a) a public hospital; and 2 (b) a public health, teaching or research facility. 3 recognised specialty means a specialty in a health profession that has 4 been approved by the Ministerial Council under section 13(2). 5 registered health practitioner means an individual who-- 6 (a) is registered under this Law to practise a health profession, other 7 than as a student; or 8 (b) holds non-practising registration under this Law in a health 9 profession. 10 registration authority means-- 11 (a) a local registration authority; or 12 (b) an entity of a jurisdiction outside Australia that has responsibility 13 for registering health practitioners in that jurisdiction. 14 registration standard means a registration standard developed by a 15 National Board under section 38. 16 registration status, in relation to an applicant for registration, 17 includes-- 18 (a) any undertakings given by the applicant to a registration 19 authority, whether before or after the commencement of this 20 Law; and 21 (b) any conditions previously imposed on the applicant's registration 22 by a registration authority, whether before or after the 23 commencement of this Law; and 24 (c) any decisions made by a registration authority, a tribunal, a court 25 or another entity having functions relating to the regulation of 26 health practitioners about the applicant's practice of the 27 profession, whether before or after the commencement of this 28 Law; and 29 (d) any investigation commenced by a registration authority or a 30 health complaints entity into the applicant's conduct, 31 performance or possible impairment but not finalised at the time 32 of the application. 33 relevant action, for Division 10 of Part 8, see section 178. 34 relevant fee, for a service provided by a National Board, means the 35 fee-- 36 (a) set under a health profession agreement between the Board and 37 the National Agency for the service; and 38 (b) published on the Board's website under section 26(3). 39 Page 27

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law responsible Minister means a Minister responsible for the 1 administration of this Law in a participating jurisdiction. 2 responsible tribunal means a tribunal or court that-- 3 (a) is declared, by the Act applying this Law in a participating 4 jurisdiction, to be the responsible tribunal for that jurisdiction for 5 the purposes of this Law as applied in that jurisdiction, or 6 (b) is declared, by a law that substantially corresponds to this Law 7 enacted in a participating jurisdiction, to be the responsible 8 tribunal for that jurisdiction for the purposes of the law of that 9 jurisdiction. 10 review period, for a condition or undertaking, means the period during 11 which the condition may not be changed or removed, or the undertaking 12 may not be changed or revoked, under section 125, 126 or 127. 13 scheduled medicine means a substance included in a Schedule to the 14 current Poisons Standard within the meaning of the Therapeutic Goods 15 Act 1989 of the Commonwealth. 16 specialist health practitioner means a person registered under this Law 17 in a recognised specialty. 18 Specialists Register means a register kept by a National Board under 19 section 223. 20 specialist title, in relation to a recognised specialty, means a title that is 21 approved by the Ministerial Council under section 13 as being a 22 specialist title for that recognised specialty. 23 State or Territory Board has the meaning given by section 36. 24 student means a person whose name is entered in a student register as 25 being currently registered under this Law. 26 student register, for a health profession, means a register kept under 27 section 229 by the National Board established for the profession. 28 unprofessional conduct, of a registered health practitioner, means 29 professional conduct that is of a lesser standard than that which might 30 reasonably be expected of the health practitioner by the public or the 31 practitioner's professional peers, and includes-- 32 (a) a contravention by the practitioner of this Law, whether or not the 33 practitioner has been prosecuted for, or convicted of, an offence 34 in relation to the contravention; and 35 (b) a contravention by the practitioner of-- 36 (i) a condition to which the practitioner's registration was 37 subject; or 38 (ii) an undertaking given by the practitioner to the National 39 Board that registers the practitioner; and 40 Page 28

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (c) the conviction of the practitioner for an offence under another 1 Act, the nature of which may affect the practitioner's suitability 2 to continue to practise the profession; and 3 (d) providing a person with health services of a kind that are 4 excessive, unnecessary or otherwise not reasonably required for 5 the person's well-being; and 6 (e) influencing, or attempting to influence, the conduct of another 7 registered health practitioner in a way that may compromise 8 patient care; and 9 (f) accepting a benefit as inducement, consideration or reward for 10 referring another person to a health service provider or 11 recommending another person use or consult with a health 12 service provider; and 13 (g) offering or giving a person a benefit, consideration or reward in 14 return for the person referring another person to the practitioner 15 or recommending to another person that the person use a health 16 service provided by the practitioner; and 17 (h) referring a person to, or recommending that a person use or 18 consult, another health service provider, health service or health 19 product if the practitioner has a pecuniary interest in giving that 20 referral or recommendation, unless the practitioner discloses the 21 nature of that interest to the person before or at the time of giving 22 the referral or recommendation. 23 unsatisfactory professional performance, of a registered health 24 practitioner, means the knowledge, skill or judgment possessed, or care 25 exercised by, the practitioner in the practice of the health profession in 26 which the practitioner is registered is below the standard reasonably 27 expected of a health practitioner of an equivalent level of training or 28 experience. 29 voluntary notification means a notification made under Division 3 of 30 Part 8. 31 6 Interpretation generally 32 Schedule 7 applies in relation to this Law. 33 7 Single national entity 34 (1) It is the intention of the Parliament of this jurisdiction that this Law as 35 applied by an Act of this jurisdiction, together with this Law as applied 36 by Acts of the other participating jurisdictions, has the effect that an 37 entity established by this Law is one single national entity, with 38 functions conferred by this Law as so applied. 39 Page 29

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (2) An entity established by this Law has power to do acts in or in relation 1 to this jurisdiction in the exercise of a function expressed to be 2 conferred on it by this Law as applied by Acts of each participating 3 jurisdiction. 4 (3) An entity established by this Law may exercise its functions in relation 5 to-- 6 (a) one participating jurisdiction; or 7 (b) 2 or more or all participating jurisdictions collectively. 8 (4) In this section, a reference to this Law as applied by an Act of a 9 jurisdiction includes a reference to a law that substantially corresponds 10 to this Law enacted in a jurisdiction. 11 8 Extraterritorial operation of Law 12 It is the intention of the Parliament of this jurisdiction that the operation 13 of this Law is to, as far as possible, include operation in relation to the 14 following-- 15 (a) things situated in or outside the territorial limits of this 16 jurisdiction; 17 (b) acts, transactions and matters done, entered into or occurring in 18 or outside the territorial limits of this jurisdiction; 19 (c) things, acts, transactions and matters (wherever situated, done, 20 entered into or occurring) that would, apart from this Law, be 21 governed or otherwise affected by the law of another jurisdiction. 22 9 Trans-Tasman mutual recognition principle 23 This Law does not affect the operation of an Act of a participating 24 jurisdiction providing for the application of the Trans-Tasman mutual 25 recognition principle to occupations. 26 10 Law binds the State 27 (1) This Law binds the State. 28 (2) In this section-- 29 State means the Crown in right of this jurisdiction, and includes-- 30 (a) the Government of this jurisdiction; and 31 (b) a Minister of the Crown in right of this jurisdiction; and 32 (c) a statutory corporation, or other entity, representing the Crown in 33 right of this jurisdiction. 34 Page 30

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Part 2 Ministerial Council 1 11 Policy directions 2 (1) The Ministerial Council may give directions to the National Agency 3 about the policies to be applied by the National Agency in exercising its 4 functions under this Law. 5 (2) The Ministerial Council may give directions to a National Board about 6 the policies to be applied by the National Board in exercising its 7 functions under this Law. 8 (3) Without limiting subsections (1) and (2), a direction under this section 9 may relate to-- 10 (a) a matter relevant to the policies of the National Agency or a 11 National Board; or 12 (b) an administrative process of the National Agency or a National 13 Board; or 14 (c) a procedure of the National Agency or a National Board; or 15 (d) a particular proposed accreditation standard, or a particular 16 proposed amendment of an accreditation standard, for a health 17 profession. 18 (4) However, the Ministerial Council may give a National Board a direction 19 under subsection (3)(d) only if-- 20 (a) in the Council's opinion, the proposed accreditation standard or 21 amendment will have a substantive and negative impact on the 22 recruitment or supply of health practitioners; and 23 (b) the Council has first given consideration to the potential impact 24 of the Council's direction on the quality and safety of health care. 25 (5) A direction under this section cannot be about-- 26 (a) a particular person; or 27 (b) a particular qualification; or 28 (c) a particular application, notification or proceeding. 29 (6) The National Agency or a National Board must comply with a direction 30 given to it by the Ministerial Council under this section. 31 12 Approval of registration standards 32 (1) The Ministerial Council may approve a registration standard about-- 33 (a) the registration, or renewal of registration, of persons in a health 34 profession; or 35 Page 31

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (b) the endorsement, or renewal of the endorsement, of the 1 registration of registered health practitioners. 2 (2) The Ministerial Council may approve a registration standard for a health 3 profession only if-- 4 (a) its approval is recommended by the National Board established 5 for the health profession; and 6 (b) it does not provide for a matter about which an accreditation 7 standard may provide. 8 Note. An accreditation standard for a health profession is a standard used to 9 assess whether a program of study, and the education provider that provides 10 the program, provide persons who complete the program with the knowledge, 11 skills and professional attributes to practise the profession in Australia. 12 Accreditation standards are developed and approved under Division 3 of Part 6. 13 (3) The Ministerial Council may, at any time, ask a National Board to 14 review an approved or proposed registration standard for the health 15 profession for which the National Board is established. 16 13 Approvals in relation to specialist registration 17 (1) The following health professions, or divisions of health professions, are 18 health professions for which specialist recognition operates under this 19 Law-- 20 (a) the medical profession; 21 (b) the dentists division of the dental profession; 22 (c) any other health profession approved by the Ministerial Council, 23 on the recommendation of the National Board established for the 24 profession. 25 (2) If a health profession is a profession for which specialist recognition 26 operates, the Ministerial Council may, on the recommendation of the 27 National Board established for the profession-- 28 (a) approve a list of specialties for the profession; and 29 (b) approve one or more specialist titles for each specialty in the list. 30 (3) In making a recommendation to the Ministerial Council for the purposes 31 of subsection (1)(c) or (2), a National Board established for a health 32 profession may have regard to any relevant advice provided by-- 33 (a) an accreditation authority for the profession; or 34 (b) a specialist college for the profession. 35 (4) The Ministerial Council may provide guidance to a National Board 36 established for a health profession for which specialist recognition will 37 operate in relation to the criteria for the approval of specialties for the 38 profession by the Council. 39 Page 32

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 14 Approval of endorsement in relation to scheduled medicines 1 (1) The Ministerial Council may, on the recommendation of a National 2 Board, decide that the Board may endorse the registration of health 3 practitioners practising the profession for which the Board is 4 established as being qualified to administer, obtain, possess, prescribe, 5 sell, supply or use a scheduled medicine or class of scheduled 6 medicines. 7 Note. See section 94 which provides for the endorsement of health 8 practitioners' registration in relation to scheduled medicines. 9 (2) An approval under subsection (1) is to specify-- 10 (a) the class of health practitioners registered by the Board to which 11 the approval relates; and 12 (b) whether the National Board may endorse the registration of the 13 class of health practitioners as being qualified in relation to a 14 particular scheduled medicine or a class of scheduled medicines; 15 and 16 (c) whether the National Board may endorse the registration of the 17 class of health practitioners in relation to administering, 18 obtaining, possessing, prescribing, selling, supplying or using the 19 scheduled medicine or class of scheduled medicines. 20 15 Approval of areas of practice for purposes of endorsement 21 The Ministerial Council may, on the recommendation of a National 22 Board, approve an area of practice in the health profession for which the 23 Board is established as being an area of practice for which the 24 registration of a health practitioner registered in the profession may be 25 endorsed. 26 Note. See section 98 which provides for the endorsement of health 27 practitioners' registration in relation to approved areas of practice. 28 16 How Ministerial Council exercises functions 29 (1) The Ministerial Council is to give a direction or approval, or make a 30 recommendation, request or appointment, for the purposes of a 31 provision of this Law by resolution of the Council passed in accordance 32 with procedures determined by the Council. 33 (2) An act or thing done by the Ministerial Council (whether by resolution, 34 instrument or otherwise) does not cease to have effect merely because 35 of a change in the Council's membership. 36 Page 33

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 17 Notification and publication of directions and approvals 1 (1) A copy of any direction given by the Ministerial Council to the National 2 Agency-- 3 (a) is to be given to the Chairperson of the Agency Management 4 Committee; and 5 (b) must be published by the National Agency on its website as soon 6 as practicable after being received by the Chairperson. 7 (2) A copy of a direction or approval given by the Ministerial Council to a 8 National Board-- 9 (a) is to be given to the Chairperson of the National Board; and 10 (b) if the direction is given under section 11(3)(d), is to include 11 reasons for the direction; and 12 (c) must be published by the National Board on its website as soon 13 as practicable after being received by the Chairperson. 14 (3) A copy of a direction or approval given by the Ministerial Council to the 15 National Agency or to a National Board is to be published in the annual 16 report of the National Agency. 17 Part 3 Australian Health Workforce Advisory Council 18 18 Establishment of Advisory Council 19 The Australian Health Workforce Advisory Council is established. 20 19 Function of Advisory Council 21 (1) The function of the Advisory Council is to provide independent advice 22 to the Ministerial Council about the following-- 23 (a) any matter relating to the national registration and accreditation 24 scheme that is referred to it by the Ministerial Council; 25 (b) if asked by the Ministerial Council, any matter relating to the 26 national registration and accreditation scheme on which the 27 Ministerial Council has been unable to reach a decision; 28 (c) any other matter relating to the national registration and 29 accreditation scheme that it considers appropriate. 30 (2) Advice under this section cannot be about-- 31 (a) a particular person; or 32 (b) a particular qualification; or 33 (c) a particular application, notification or proceeding. 34 Page 34

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 20 Publication of advice 1 (1) The Ministerial Council is to make arrangements for the publication of 2 advice given to it by the Advisory Council as soon as practicable after 3 the Ministerial Council has had the opportunity to consider the advice, 4 in accordance with the COAG Agreement. 5 (2) However, the Ministerial Council may decide not to publish an advice 6 or part of an advice if the Advisory Council recommends that the 7 Council not publish it in the interests of protecting the privacy of any 8 person. 9 21 Powers of Advisory Council 10 The Advisory Council has the powers necessary to enable it to exercise 11 its function. 12 22 Membership of Advisory Council 13 (1) The Advisory Council is to consist of 7 members. 14 (2) Members of the Advisory Council are to be appointed by the Ministerial 15 Council. 16 (3) One of the members of the Advisory Council is to be appointed as 17 Chairperson, being a person who-- 18 (a) is not a registered health practitioner; and 19 (b) has not been registered as a health practitioner under this Law or 20 a corresponding prior Act within the last 5 years. 21 (4) At least 3 of the other members of the Advisory Council are to be 22 persons who have expertise in health, or education and training, or both. 23 (5) Schedule 1 sets out provisions relating to the Advisory Council. 24 Part 4 Australian Health Practitioner Regulation 25 Agency 26 Division 1 National Agency 27 23 National Agency 28 (1) The Australian Health Practitioner Regulation Agency is established. 29 (2) The National Agency-- 30 (a) is a body corporate with perpetual succession; and 31 (b) has a common seal; and 32 (c) may sue and be sued in its corporate name. 33 Page 35

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (3) The National Agency represents the State. 1 (4) Schedule 3 sets out provisions relating to the National Agency. 2 24 General powers of National Agency 3 The National Agency has all the powers of an individual and, in 4 particular, may-- 5 (a) enter into contracts; and 6 (b) acquire, hold, dispose of, and deal with, real and personal 7 property; and 8 (c) do anything necessary or convenient to be done in the exercise of 9 its functions. 10 25 Functions of National Agency 11 The functions of the National Agency are as follows-- 12 (a) to provide administrative assistance and support to the National 13 Boards, and the Boards' committees, in exercising their 14 functions; 15 (b) in consultation with the National Boards, to develop and 16 administer procedures for the purpose of ensuring the efficient 17 and effective operation of the National Boards; 18 (c) to establish procedures for the development of accreditation 19 standards, registration standards and codes and guidelines 20 approved by National Boards, for the purpose of ensuring the 21 national registration and accreditation scheme operates in 22 accordance with good regulatory practice; 23 (d) to negotiate in good faith with, and attempt to come to an 24 agreement with, each National Board on the terms of a health 25 profession agreement; 26 (e) to establish and administer an efficient procedure for receiving 27 and dealing with applications for registration as a health 28 practitioner and other matters relating to the registration of 29 registered health practitioners; 30 (f) in conjunction with the National Boards, to keep up-to-date and 31 publicly accessible national registers of registered health 32 practitioners for each health profession; 33 (g) in conjunction with the National Boards, to keep up-to-date 34 national registers of students for each health profession; 35 (h) to keep an up-to-date and publicly accessible list of approved 36 programs of study for each health profession; 37 Page 36

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (i) to establish an efficient procedure for receiving and dealing with 1 notifications against persons who are or were registered health 2 practitioners and persons who are students, including by 3 establishing a national process for receiving notifications about 4 registered health practitioners in all professions; 5 (j) to provide advice to the Ministerial Council in connection with 6 the administration of the national registration and accreditation 7 scheme; 8 (k) if asked by the Ministerial Council, to give to the Ministerial 9 Council the assistance or information reasonably required by the 10 Ministerial Council in connection with the administration of the 11 national registration and accreditation scheme; 12 (l) any other function given to the National Agency by or under this 13 Law. 14 26 Health profession agreements 15 (1) The National Agency must enter into an agreement (a health profession 16 agreement) with a National Board that makes provision for the 17 following-- 18 (a) the fees that will be payable under this Law by health 19 practitioners and others in respect of the health profession for 20 which the Board is established (including arrangements relating 21 to refunds of fees, waivers of fees and additional fees for late 22 payment); 23 (b) the annual budget of the National Board (including the funding 24 arrangements for its committees and accreditation authorities); 25 (c) the services to be provided to the National Board by the National 26 Agency to enable the National Board to carry out its functions 27 under this Law. 28 (2) If the National Agency and a National Board are unable to agree on a 29 matter relating to a health profession agreement or a proposed health 30 profession agreement, the Ministerial Council may give directions to 31 the National Agency and National Board about how the dispute is to be 32 resolved. 33 (3) Each National Board must publish on its website the fees for which 34 provision has been made in a health profession agreement between the 35 Board and the National Agency. 36 Page 37

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 27 Co-operation with participating jurisdictions and Commonwealth 1 (1) The National Agency may exercise any of its functions in co-operation 2 with or with the assistance of a participating jurisdiction or the 3 Commonwealth, including in co-operation with or with the assistance of 4 any of the following-- 5 (a) a government agency of a participating jurisdiction or of the 6 Commonwealth; 7 (b) a local registration authority; 8 (c) a co-regulatory authority; 9 (d) a health complaints entity; 10 (e) an educational body or other body established by or under a law 11 of a participating jurisdiction or the Commonwealth. 12 (2) In particular, the National Agency may-- 13 (a) ask an entity referred to in subsection (1) for information that the 14 Agency requires to exercise its functions under this Law; and 15 (b) use the information to exercise its functions under this Law. 16 (3) An entity referred to in subsection (1) that receives a request for 17 information from the National Agency is authorised to give the 18 information to the National Agency. 19 28 Office of National Agency 20 (1) The National Agency is to establish a national office. 21 (2) The National Agency is also to establish at least one local office in each 22 participating jurisdiction. 23 Division 2 Agency Management Committee 24 29 Agency Management Committee 25 (1) The Australian Health Practitioner Regulation Agency Management 26 Committee is established. 27 (2) The Agency Management Committee is to consist of at least 5 members 28 appointed by the Ministerial Council. 29 (3) Of the members-- 30 (a) one is to be a person appointed by the Ministerial Council as 31 Chairperson, being a person who-- 32 (i) is not a registered health practitioner; and 33 Page 38

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (ii) has not been registered as a health practitioner under this 1 Law or a corresponding prior Act within the last 5 years; 2 and 3 (b) at least 2 others are to be persons who have expertise in health, or 4 education and training, or both; and 5 (c) at least 2 others are to be persons who are not current or former 6 registered health practitioners and who have business or 7 administrative expertise. 8 (4) Schedule 2 sets out provisions relating to the Agency Management 9 Committee. 10 30 Functions of Agency Management Committee 11 (1) The functions of the Agency Management Committee are as follows-- 12 (a) subject to any directions of the Ministerial Council, to decide the 13 policies of the National Agency; 14 (b) to ensure that the National Agency performs its functions in a 15 proper, effective and efficient way; 16 (c) any other function given to the Committee by or under this Law. 17 (2) The affairs of the National Agency are to be controlled by the Agency 18 Management Committee and all acts and things done in the name of, or 19 on behalf of, the National Agency by or with the authority of the 20 Agency Management Committee are taken to have been done by the 21 National Agency. 22 Part 5 National Boards 23 Division 1 National Boards 24 31 Establishment of National Boards 25 (1) Each of the following National Health Practitioner Boards is established 26 for the health profession listed beside that Board in the following 27 Table-- 28 Table-- National Boards 29 Name of Board Health profession Aboriginal and Torres Strait Islander Aboriginal and Torres Strait Islander Health Practice Board of Australia health practice Chinese Medicine Board of Australia Chinese medicine Chiropractic Board of Australia chiropractic Page 39

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law Name of Board Health profession Dental Board of Australia dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist or oral health therapist) Medical Board of Australia medical Medical Radiation Practice Board of medical radiation practice Australia Nursing and Midwifery Board of nursing and midwifery Australia Occupational Therapy Board of occupational therapy Australia Optometry Board of Australia optometry Osteopathy Board of Australia osteopathy Pharmacy Board of Australia pharmacy Physiotherapy Board of Australia physiotherapy Podiatry Board of Australia podiatry Psychology Board of Australia psychology (2) A National Board-- 1 (a) is a body corporate with perpetual succession; and 2 (b) has a common seal; and 3 (c) may sue and be sued in its corporate name. 4 (3) A National Board represents the State. 5 32 Powers of National Board 6 (1) Subject to subsection (2), a National Board has the powers necessary to 7 enable it to exercise its functions. 8 (2) A National Board does not have power to-- 9 (a) enter into contracts; or 10 (b) employ staff; or 11 (c) acquire, hold, dispose of, and deal with, real property. 12 (3) The National Board may exercise any of its functions in co-operation 13 with or with the assistance of a participating jurisdiction or the 14 Page 40

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Commonwealth, including in co-operation with or with the assistance of 1 any of the following-- 2 (a) a government agency of a participating jurisdiction or of the 3 Commonwealth; 4 (b) a local registration authority; 5 (c) a co-regulatory authority; 6 (d) a health complaints entity; 7 (e) an educational body or other body established by or under a law 8 of a participating jurisdiction or the Commonwealth. 9 (4) In particular, the National Board may-- 10 (a) ask an entity referred to in subsection (3) for information that the 11 Board requires to exercise its functions under this Law; and 12 (b) use the information to exercise its functions under this Law. 13 (5) An entity referred to in subsection (3) that receives a request for 14 information from the National Board is authorised to give the 15 information to the National Board. 16 33 Membership of National Boards 17 (1) A National Board is to consist of members appointed in writing by the 18 Ministerial Council. 19 (2) Members of a National Board are to be appointed as practitioner 20 members or community members. 21 (3) Subject to this section, the Ministerial Council may decide the size and 22 composition of a National Board. 23 (4) At least half, but not more than two-thirds, of the members of a National 24 Board must be persons appointed as practitioner members. 25 (5) The practitioner members of a National Board must consist of-- 26 (a) at least one member from each large participating jurisdiction; 27 and 28 (b) at least one member from a small participating jurisdiction. 29 (6) At least 2 of the members of a National Board must be persons 30 appointed as community members. 31 (7) At least one of the members of a National Board must live in a regional 32 or rural area. 33 (8) A person cannot be appointed as a member of a National Board if the 34 person is a member of the Agency Management Committee. 35 Page 41

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (9) One of the practitioner members of the National Board is to be 1 appointed as Chairperson of the Board by the Ministerial Council. 2 (10) Schedule 4 sets out provisions relating to a National Board. 3 (11) In this section-- 4 large participating jurisdiction means any of the following States that 5 is a participating jurisdiction-- 6 (a) New South Wales; 7 (b) Queensland; 8 (c) South Australia; 9 (d) Victoria; 10 (e) Western Australia. 11 small participating jurisdiction means any of the following States or 12 Territories that is a participating jurisdiction-- 13 (a) the Australian Capital Territory; 14 (b) the Northern Territory; 15 (c) Tasmania. 16 34 Eligibility for appointment 17 (1) In deciding whether to appoint a person as a member of a National 18 Board, the Ministerial Council is to have regard to the skills and 19 experience of the person that are relevant to the Board's functions. 20 (2) A person is eligible to be appointed as a practitioner member only if the 21 person is a registered health practitioner in the health profession for 22 which the Board is established. 23 (3) A person is eligible to be appointed as a community member of a 24 National Board only if the person-- 25 (a) is not a registered health practitioner in the health profession for 26 which the Board is established; and 27 (b) has not at any time been registered as a health practitioner in the 28 health profession under this Law or a corresponding prior Act. 29 (4) A person is not eligible to be appointed as a member of a National Board 30 if-- 31 (a) in the case of appointment as a practitioner member, the person 32 has ceased to be registered as a health practitioner in the health 33 profession for which the Board is established, whether before or 34 after the commencement of this Law, as a result of the person's 35 misconduct, impairment or incompetence; or 36 Page 42

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (b) in any case, the person has, at any time, been found guilty of an 1 offence (whether in a participating jurisdiction or elsewhere) that, 2 in the opinion of the Ministerial Council, renders the person unfit 3 to hold the office of member. 4 Division 2 Functions of National Boards 5 35 Functions of National Boards 6 (1) The functions of a National Board established for a health profession 7 are as follows-- 8 (a) to register suitably qualified and competent persons in the health 9 profession and, if necessary, to impose conditions on the 10 registration of persons in the profession; 11 (b) to decide the requirements for registration or endorsement of 12 registration in the health profession, including the arrangements 13 for supervised practice in the profession; 14 (c) to develop or approve standards, codes and guidelines for the 15 health profession, including-- 16 (i) the approval of accreditation standards developed and 17 submitted to it by an accreditation authority; and 18 (ii) the development of registration standards for approval by 19 the Ministerial Council; and 20 (iii) the development and approval of codes and guidelines that 21 provide guidance to health practitioners registered in the 22 profession; 23 (d) to approve accredited programs of study as providing 24 qualifications for registration or endorsement in the health 25 profession; 26 (e) to oversee the assessment of the knowledge and clinical skills of 27 overseas trained applicants for registration in the health 28 profession whose qualifications are not approved qualifications 29 for the profession, and to determine the suitability of the 30 applicants for registration in Australia; 31 (f) to negotiate in good faith with, and attempt to come to an 32 agreement with, the National Agency on the terms of a health 33 profession agreement; 34 (g) to oversee the receipt, assessment and investigation of 35 notifications about persons who-- 36 (i) are or were registered as health practitioners in the health 37 profession under this Law or a corresponding prior Act; or 38 (ii) are students in the health profession; 39 Page 43

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (h) to establish panels to conduct hearings about-- 1 (i) health and performance and professional standards 2 matters in relation to persons who are or were registered in 3 the health profession under this Law or a corresponding 4 prior Act; and 5 (ii) health matters in relation to students registered by the 6 Board; 7 (i) to refer matters about health practitioners who are or were 8 registered under this Law or a corresponding prior Act to 9 responsible tribunals for participating jurisdictions; 10 (j) to oversee the management of health practitioners and students 11 registered in the health profession, including monitoring 12 conditions, undertaking and suspensions imposed on the 13 registration of the practitioners or students; 14 (k) to make recommendations to the Ministerial Council about the 15 operation of specialist recognition in the health profession and 16 the approval of specialties for the profession; 17 (l) in conjunction with the National Agency, to keep up-to-date and 18 publicly accessible national registers of registered health 19 practitioners for the health profession; 20 (m) in conjunction with the National Agency, to keep an up-to-date 21 national register of students for the health profession; 22 (n) at the Board's discretion, to provide financial or other support for 23 health programs for registered health practitioners and students; 24 (o) to give advice to the Ministerial Council on issues relating to the 25 national registration and accreditation scheme for the health 26 profession; 27 (p) if asked by the Ministerial Council, to give to the Ministerial 28 Council the assistance or information reasonably required by the 29 Ministerial Council in connection with the national registration 30 and accreditation scheme; 31 (q) to do anything else necessary or convenient for the effective and 32 efficient operation of the national registration and accreditation 33 scheme; 34 (r) any other function given to the Board by or under this Law. 35 (2) For the purposes of subsection (1)(g)(j), the Board's functions do not 36 include receiving notifications and taking action referred to in those 37 paragraphs in relation to behaviour by a registered health practitioner or 38 student that occurred, or is reasonably believed to have occurred, in a 39 co-regulatory jurisdiction. 40 Page 44

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 36 State and Territory Boards 1 (1) A National Board may establish a committee (a State or Territory 2 Board) for a participating jurisdiction to enable the Board to exercise its 3 functions in the jurisdiction in a way that provides an effective and 4 timely local response to health practitioners and other persons in the 5 jurisdiction. 6 (2) A State or Territory Board is to be known as the "[Name of participating 7 jurisdiction for which it is established] Board" of the National Board. 8 (3) The members of a State or Territory Board are to be appointed by the 9 responsible Minister for the participating jurisdiction. 10 Example. (a) The Pharmacy Board of Australia decides to establish a State or 11 Territory Board for New South Wales. The State or Territory Board will 12 be known as the New South Wales Board of the Pharmacy Board of 13 Australia. The members of the State or Territory Board will be appointed 14 by the responsible Minister for New South Wales. 15 (b) The Podiatry Board of Australia decides to establish a State or Territory 16 Board for Queensland and the Northern Territory. The State or Territory 17 Board will be known as the Queensland and Northern Territory Board of 18 the Podiatry Board of Australia. The members of the State or Territory 19 Board will be appointed jointly by the responsible Ministers for 20 Queensland and the Northern Territory. 21 (4) In deciding whether to appoint a person as a member of a State or 22 Territory Board, the responsible Minister is to have regard to the skills 23 and experience of the person that are relevant to the Board's functions. 24 (5) At least half, but not more than two-thirds, of the members of a State or 25 Territory Board must be persons appointed as practitioner members. 26 (6) At least 2 of the members of a State or Territory Board must be persons 27 appointed as community members. 28 Note. See section 299 which provides that subsections (5) and (6) do not apply 29 to a State or Territory Board for a jurisdiction for the first 12 months after the 30 jurisdiction becomes a participating jurisdiction. 31 (7) Before a responsible Minister appoints a member of a State or Territory 32 Board the vacancy to be filled is to be publicly advertised. 33 (8) The National Agency may assist a responsible Minister in the process 34 of appointing members of a State or Territory Board, including in the 35 advertising of vacancies. 36 (9) It is not necessary to advertise a vacancy in the membership of a State 37 or Territory Board before appointing a person to act in the office of a 38 member. 39 Note. The general interpretation provisions applicable to this Law under section 40 6 confer power to appoint acting members of a State or Territory Board. 41 Page 45

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (10) This section does not limit clause 11 of Schedule 4. 1 Note. Clause 11 of Schedule 4 confers power for the establishment of other 2 committees. 3 37 Delegation of functions 4 (1) A National Board may delegate any of its functions, other than this 5 power of delegation, to-- 6 (a) a committee; or 7 (b) the National Agency; or 8 (c) a member of the staff of the National Agency; or 9 (d) a person engaged as a contractor by the National Agency. 10 (2) The National Agency may subdelegate any function delegated to the 11 National Agency by a National Board to a member of the staff of the 12 National Agency. 13 Division 3 Registration standards and codes and guidelines 14 38 National board must develop registration standards 15 (1) A National Board must develop and recommend to the Ministerial 16 Council one or more registration standards about the following matters 17 for the health profession for which the Board is established-- 18 (a) requirements for professional indemnity insurance arrangements 19 for registered health practitioners registered in the profession; 20 (b) matters about the criminal history of applicants for registration in 21 the profession, and registered health practitioners and students 22 registered by the Board, including, the matters to be considered 23 in deciding whether an individual's criminal history is relevant to 24 the practice of the profession; 25 (c) requirements for continuing professional development for 26 registered health practitioners registered in the profession; 27 (d) requirements about the English language skills necessary for an 28 applicant for registration in the profession to be suitable for 29 registration in the profession; 30 (e) requirements in relation to the nature, extent, period and recency 31 of any previous practice of the profession by applicants for 32 registration in the profession. 33 Page 46

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) Subject to subsection (3), a National Board may also develop, and 1 recommend to the Ministerial Council, one or more registration 2 standards about the following-- 3 (a) the physical and mental health of-- 4 (i) applicants for registration in the profession; and 5 (ii) registered health practitioners and students; 6 (b) the scope of practice of health practitioners registered in the 7 profession; 8 (c) any other issue relevant to the eligibility of individuals for 9 registration in the profession or the suitability of individuals to 10 competently and safely practise the profession. 11 (3) A registration standard may not be about a matter for which an 12 accreditation standard may provide. 13 Note. An accreditation standard for a health profession is used to assess 14 whether a program of study, and the education provider that provides the 15 program of study, provide persons who complete the program with the 16 knowledge, skills and professional attributes to practise the profession. 17 Accreditation standards are developed and approved under Division 3 of Part 6. 18 39 Codes and guidelines 19 A National Board may develop and approve codes and guidelines-- 20 (a) to provide guidance to the health practitioners it registers; and 21 (b) about other matters relevant to the exercise of its functions. 22 Example. A National Board may develop guidelines about the advertising of 23 regulated health services by health practitioners registered by the Board or 24 other persons for the purposes of section 133. 25 40 Consultation about registration standards, codes and guidelines 26 (1) If a National Board develops a registration standard or a code or 27 guideline, it must ensure there is wide-ranging consultation about its 28 content. 29 (2) A contravention of subsection (1) does not invalidate a registration 30 standard, code or guideline. 31 (3) The following must be published on a National Board's website-- 32 (a) a registration standard developed by the Board and approved by 33 the Ministerial Council; 34 (b) a code or guideline approved by the National Board. 35 Page 47

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (4) An approved registration standard or a code or guideline takes effect-- 1 (a) on the day it is published on the National Board's website; or 2 (b) if a later day is stated in the registration standard, code or 3 guideline, on that day. 4 41 Use of registration standards, codes or guidelines in disciplinary 5 proceedings 6 An approved registration standard for a health profession, or a code or 7 guideline approved by a National Board, is admissible in proceedings 8 under this Law or a law of a co-regulatory jurisdiction against a health 9 practitioner registered by the Board as evidence of what constitutes 10 appropriate professional conduct or practice for the health profession. 11 Part 6 Accreditation 12 Division 1 Preliminary 13 42 Definition 14 In this Part-- 15 accreditation function means-- 16 (a) developing accreditation standards for approval by a National 17 Board; or 18 (b) assessing programs of study, and the education providers that 19 provide the programs of study, to determine whether the 20 programs meet approved accreditation standards; or 21 (c) assessing authorities in other countries who conduct 22 examinations for registration in a health profession, or accredit 23 programs of study relevant to registration in a health profession, 24 to decide whether persons who successfully complete the 25 examinations or programs of study conducted or accredited by 26 the authorities have the knowledge, clinical skills and 27 professional attributes necessary to practise the profession in 28 Australia; or 29 (d) overseeing the assessment of the knowledge, clinical skills and 30 professional attributes of overseas qualified health practitioners 31 who are seeking registration in a health profession under this Law 32 and whose qualifications are not approved qualifications for the 33 health profession; or 34 (e) making recommendations and giving advice to a National Board 35 about a matter referred to in paragraph (a), (b), (c) or (d). 36 Page 48

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Division 2 Accreditation authorities 1 43 Accreditation authority to be decided 2 (1) The National Board established for a health profession must decide 3 whether an accreditation function for the health profession for which the 4 Board is established is to be exercised by-- 5 (a) an external accreditation entity; or 6 (b) a committee established by the Board. 7 Note. See sections 253 and 301 which provide for the performance of 8 accreditation functions for a health profession by external accreditation 9 authorities appointed by the Ministerial Council for a period after the 10 commencement of this Law. 11 (2) The National Agency may charge an entity the relevant fee for the 12 exercise of an accreditation function by an accreditation committee. 13 44 National Agency may enter into contracts with external accreditation 14 entities 15 The National Agency may enter into a contract with an external 16 accreditation entity for the performance by the entity of an accreditation 17 function for a health profession only if the terms of the contract are in 18 accordance with the health profession agreement between the National 19 Agency and the National Board established for that profession. 20 45 Accreditation processes to be published 21 Each accreditation authority must publish on its website or, if the 22 authority is an accreditation committee, the website of the National 23 Board that established the committee, how it will exercise its 24 accreditation function. 25 Division 3 Accreditation functions 26 46 Development of accreditation standards 27 (1) An accreditation standard for a health profession may be developed 28 by-- 29 (a) an external accreditation entity for the health profession; or 30 (b) an accreditation committee established by the National Board 31 established for the health profession. 32 (2) In developing an accreditation standard for a health profession, an 33 accreditation authority must undertake wide-ranging consultation about 34 the content of the standard. 35 Page 49

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 47 Approval of accreditation standards 1 (1) An accreditation authority must, as soon as practicable after developing 2 an accreditation standard for a health profession, submit it to the 3 National Board established for the health profession. 4 (2) As soon as practicable after a National Board receives an accreditation 5 standard under subsection (1), the Board must decide to-- 6 (a) approve the accreditation standard; or 7 (b) refuse to approve the accreditation standard; or 8 (c) ask the accreditation authority to review the standard. 9 (3) If the National Board decides to approve the accreditation standard it 10 must give written notice of the approval to-- 11 (a) the National Agency; and 12 (b) the accreditation authority that submitted the standard to the 13 Board. 14 (4) If the National Board decides to refuse to approve the accreditation 15 standard-- 16 (a) it must give written notice of the refusal, including the reasons for 17 the refusal, to the accreditation authority that submitted the 18 standard; and 19 (b) the accreditation authority is entitled to publish any information 20 or advice it gave the Board about the standard. 21 (5) If the National Board decides to ask the accreditation authority to 22 review the standard it must give the authority a written notice that-- 23 (a) states that the authority is being asked to review the standard; and 24 (b) identifies the matters the authority is to address before again 25 submitting the standard to the Board. 26 (6) An accreditation standard approved by a National Board must be 27 published on its website. 28 (7) An accreditation standard takes effect-- 29 (a) on the day it is published on the National Board's website; or 30 (b) if a later day is stated in the standard, on that day. 31 Page 50

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 48 Accreditation of programs of study 1 (1) An accreditation authority for a health profession may accredit a 2 program of study if, after assessing the program, the authority is 3 reasonably satisfied-- 4 (a) the program of study, and the education provider that provides 5 the program of study, meet an approved accreditation standard 6 for the profession; or 7 (b) the program of study, and the education provider that provides 8 the program of study, substantially meet an approved 9 accreditation standard for the profession and the imposition of 10 conditions on the approval will ensure the program meets the 11 standard within a reasonable time. 12 (2) If the accreditation authority decides to accredit a program of study, 13 with or without conditions, it must give to the National Board 14 established for the health profession a report about the authority's 15 accreditation of the program. 16 (3) If the accreditation authority decides to refuse to accredit a program of 17 study it must give written notice of the decision to the education 18 provider that provides the program of study. 19 (4) The notice must state-- 20 (a) the reasons for the decision; and 21 (b) that, within 30 days after receiving the notice, the education 22 provider may apply to the accreditation authority for an internal 23 review of the decision; and 24 (c) how the education provider may apply for the review. 25 (5) An education provider given a notice under subsection (3) may apply, 26 as stated in the notice, for an internal review of the accreditation 27 authority's decision to refuse to accredit the program of study. 28 (6) The internal review must not be carried out by a person who assessed 29 the program of study for the accreditation authority. 30 49 Approval of accredited programs of study 31 (1) If a National Board is given a report by an accreditation authority about 32 the authority's accreditation of a program of study, the Board may 33 approve, or refuse to approve, the accredited program of study as 34 providing a qualification for the purposes of registration in the health 35 profession for which the Board is established. 36 (2) An approval under subsection (1) may be granted subject to the 37 conditions the National Board considers necessary or desirable in the 38 circumstances. 39 Page 51

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (3) If the National Board decides to approve the accredited program of 1 study it must give written notice of the approval to-- 2 (a) the National Agency for inclusion of the program of study in the 3 list under subsection (5); and 4 (b) the accreditation authority that submitted the program to the 5 Board. 6 (4) If the National Board decides to refuse to approve the accredited 7 program of study-- 8 (a) it must give written notice of the refusal, including the reasons for 9 the refusal, to the accreditation authority that submitted the 10 program; and 11 (b) the accreditation authority is entitled to publish any information 12 or advice it gave the Board about the program. 13 (5) A list of the programs of study approved by a National Board as 14 providing a qualification for registration in the health profession for 15 which the Board is established must be published on the National 16 Agency's website. 17 (6) The list of approved programs of study published under subsection (5) 18 must include, for each program of study, the name of the university, 19 specialist medical or other college or other education provider that 20 provides the approved program of study. 21 (7) An approval under subsection (1) does not take effect until the program 22 of study is included in the list published under subsection (5). 23 50 Accreditation authority to monitor approved programs of study 24 (1) The accreditation authority that accredited an approved program of 25 study must monitor the program and the education provider that 26 provides the program to ensure the authority continues to be satisfied 27 the program and provider meet an approved accreditation standard for 28 the health profession. 29 (2) If the accreditation authority reasonably believes the program of study 30 and education provider no longer meet an approved accreditation 31 standard for the health profession, the accreditation authority must-- 32 (a) decide to-- 33 (i) impose the conditions on the accreditation that the 34 accreditation authority considers necessary to ensure the 35 program of study will meet the standard within a 36 reasonable time; or 37 (ii) revoke the accreditation of the program of study; and 38 Page 52

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (b) give the National Board that approved the accredited program of 1 study written notice of the accreditation authority's decision. 2 51 Changes to approval of program of study 3 (1) If a National Board is given notice under section 50(2)(b) that an 4 accreditation authority has revoked the accreditation of a program of 5 study approved by the Board, the Board's approval of the program is 6 taken to have been cancelled at the same time the accreditation was 7 revoked. 8 (2) If a National Board reasonably believes, because of a notice given to the 9 Board under section 50(2)(b) or for any other reason, that an accredited 10 program of study approved by the Board no longer provides a 11 qualification for the purposes of registration in the health profession for 12 which the Board is established, the Board may decide to-- 13 (a) impose the conditions the Board considers necessary or desirable 14 on the approval of the accredited program of study to ensure the 15 program provides a qualification for the purposes of registration; 16 or 17 (b) cancel its approval of the accredited program of study. 18 (3) If a National Board makes a decision under subsection (2), it must give 19 written notice of the decision, including the reasons for the decision, to 20 the accreditation authority that accredited the program. 21 Part 7 Registration of health practitioners 22 Division 1 General registration 23 52 Eligibility for general registration 24 (1) An individual is eligible for general registration in a health profession 25 if-- 26 (a) the individual is qualified for general registration in the health 27 profession; and 28 (b) the individual has successfully completed-- 29 (i) any period of supervised practice in the health profession 30 required by an approved registration standard for the 31 health profession; or 32 (ii) any examination or assessment required by an approved 33 registration standard for the health profession to assess the 34 individual's ability to competently and safely practise the 35 profession; and 36 Page 53

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (c) the individual is a suitable person to hold general registration in 1 the health profession; and 2 (d) the individual is not disqualified under this Law or a law of a 3 co-regulatory jurisdiction from applying for registration, or being 4 registered, in the health profession; and 5 (e) the individual meets any other requirements for registration 6 stated in an approved registration standard for the health 7 profession. 8 (2) Without limiting subsection (1), the National Board established for the 9 health profession may decide the individual is eligible for general 10 registration in the profession by imposing conditions on the registration 11 under section 83. 12 53 Qualifications for general registration 13 An individual is qualified for general registration in a health profession 14 if-- 15 (a) the individual holds an approved qualification for the health 16 profession; or 17 (b) the individual holds a qualification the National Board 18 established for the health profession considers to be substantially 19 equivalent, or based on similar competencies, to an approved 20 qualification; or 21 (c) the individual holds a qualification, not referred to in paragraph 22 (a) or (b), relevant to the health profession and has successfully 23 completed an examination or other assessment required by the 24 National Board for the purpose of general registration in the 25 health profession; or 26 (d) the individual-- 27 (i) holds a qualification, not referred to in paragraph (a) or (b), 28 that under this Law or a corresponding prior Act qualified 29 the individual for general registration (however described) 30 in the health profession; and 31 (ii) was previously registered under this Law or the 32 corresponding prior Act on the basis of holding that 33 qualification. 34 54 Examination or assessment for general registration 35 For the purposes of section 52(1)(b)(ii), if a National Board requires an 36 individual to undertake an examination or assessment, the examination 37 or assessment must be conducted by an accreditation authority for the 38 health profession, unless the Board decides otherwise. 39 Page 54

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 55 Unsuitability to hold general registration 1 (1) A National Board may decide an individual is not a suitable person to 2 hold general registration in a health profession if-- 3 (a) in the Board's opinion, the individual has an impairment that 4 would detrimentally affect the individual's capacity to practise 5 the profession to such an extent that it would or may place the 6 safety of the public at risk; or 7 (b) having regard to the individual's criminal history to the extent 8 that is relevant to the individual's practice of the profession, the 9 individual is not, in the Board's opinion, an appropriate person to 10 practise the profession or it is not in the public interest for the 11 individual to practise the profession; or 12 (c) the individual has previously been registered under a relevant law 13 and during the period of that registration proceedings under Part 14 8, or proceedings that substantially correspond to proceedings 15 under Part 8, were started against the individual but not finalised; 16 or 17 (d) in the Board's opinion, the individual's competency in speaking 18 or otherwise communicating in English is not sufficient for the 19 individual to practise the profession; or 20 (e) the individual's registration (however described) in the health 21 profession in a jurisdiction that is not a participating jurisdiction, 22 whether in Australia or elsewhere, is currently suspended or 23 cancelled on a ground for which an adjudication body could 24 suspend or cancel a health practitioner's registration in Australia; 25 or 26 (f) the nature, extent, period and recency of any previous practice of 27 the profession is not sufficient to meet the requirements specified 28 in an approved registration standard relevant to general 29 registration in the profession; or 30 (g) the individual fails to meet any other requirement in an approved 31 registration standard for the profession about the suitability of 32 individuals to be registered in the profession or to competently 33 and safely practise the profession; or 34 (h) in the Board's opinion, the individual is for any other reason-- 35 (i) not a fit and proper person for general registration in the 36 profession; or 37 (ii) unable to practise the profession competently and safely. 38 Page 55

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (2) In this section-- 1 relevant law means-- 2 (a) this Law or a corresponding prior Act; or 3 (b) the law of another jurisdiction, whether in Australia or elsewhere. 4 56 Period of general registration 5 (1) The period of registration that is to apply to a health practitioner granted 6 general registration in a health profession is the period (the registration 7 period), not more than 12 months, decided by the National Board 8 established for the profession and published on the Board's website. 9 (2) If the National Board decides to register a health practitioner in the 10 health profession during a registration period, the registration-- 11 (a) starts when the Board makes the decision; and 12 (b) expires at the end of the last day of the registration period. 13 Division 2 Specialist registration 14 57 Eligibility for specialist registration 15 (1) An individual is eligible for specialist registration in a recognised 16 specialty in a health profession if-- 17 (a) the individual is qualified for registration in the specialty; and 18 (b) the individual has successfully completed-- 19 (i) any period of supervised practice in the specialty required 20 by an approved registration standard for the health 21 profession; or 22 (ii) any examination or assessment required by an approved 23 registration standard for the health profession to assess the 24 individual's ability to competently and safely practise the 25 specialty; and 26 (c) the individual is a suitable person to hold registration in the health 27 profession; and 28 (d) the individual is not disqualified under this Law or a law of a 29 co-regulatory jurisdiction from applying for registration, or being 30 registered, in the specialty; and 31 (e) the individual meets any other requirements for registration 32 stated in an approved registration standard for the specialty. 33 (2) Without limiting subsection (1), the National Board may decide the 34 individual is eligible for registration in the recognised specialty by 35 imposing conditions on the registration under section 83. 36 Page 56

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 58 Qualifications for specialist registration 1 An individual is qualified for specialist registration in a recognised 2 specialty in a health profession if the individual-- 3 (a) holds an approved qualification for the specialty; or 4 (b) holds another qualification the National Board established for the 5 health profession considers to be substantially equivalent, or 6 based on similar competencies, to an approved qualification for 7 the specialty; or 8 (c) holds a qualification, not referred to in paragraph (a) or (b), 9 relevant to the specialty and has successfully completed an 10 examination or other assessment required by the National Board 11 for the purpose of registration in the specialty; or 12 (d) the individual-- 13 (i) holds a qualification, not referred to in paragraph (a) or (b), 14 that under this Law or a corresponding prior Act qualified 15 the individual for specialist registration (however 16 described) in the specialty; and 17 (ii) was previously registered under this Law or the 18 corresponding prior Act on the basis of holding that 19 qualification for the specialty. 20 59 Examination or assessment for specialist registration 21 For the purposes of section 57(1)(b)(ii), if the National Board requires 22 an individual to undertake an examination or assessment, the 23 examination or assessment must be conducted by an accreditation 24 authority for the health profession, unless the Board decides otherwise. 25 60 Unsuitability to hold specialist registration 26 (1) Section 55 applies to the making of a decision by a National Board that 27 an individual is not a suitable person to hold specialist registration in a 28 recognised specialty. 29 (2) For the purposes of subsection (1), a reference in section 55 to-- 30 (a) general registration in the health profession is taken to be a 31 reference to specialist registration in a recognised specialty; and 32 (b) the health profession is taken to be a reference to the recognised 33 specialty. 34 61 Period of specialist registration 35 (1) The period of registration that is to apply to a health practitioner granted 36 specialist registration in a recognised specialty in a health profession is 37 the period (the registration period), not more than 12 months, decided 38 Page 57

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law by the National Board established for the profession and published on 1 the Board's website. 2 (2) If the National Board decides to register a health practitioner in a 3 recognised specialty for the health profession during a registration 4 period, the specialist registration-- 5 (a) starts when the Board makes the decision; and 6 (b) expires at the end of the last day of the registration period. 7 Division 3 Provisional registration 8 62 Eligibility for provisional registration 9 (1) An individual is eligible for provisional registration in a health 10 profession, to enable the individual to complete a period of supervised 11 practice that the individual requires to be eligible for general 12 registration in the health profession, if-- 13 (a) the individual is qualified for general registration in the 14 profession; and 15 (b) the individual is a suitable person to hold provisional registration 16 in the profession; and 17 (c) the individual is not disqualified under this Law or a law of a 18 co-regulatory jurisdiction from applying for, or being registered 19 in, the profession; and 20 (d) the individual meets any other requirements for registration 21 stated in an approved registration standard for the health 22 profession. 23 (2) Without limiting subsection (1), the National Board established for the 24 health profession may decide the individual is eligible for provisional 25 registration in the health profession by imposing conditions on the 26 registration under section 83. 27 63 Unsuitability to hold provisional registration 28 (1) Section 55 applies to a decision by a National Board that an individual 29 is not a suitable person to hold provisional registration in a health 30 profession. 31 (2) For the purposes of subsection (1), a reference in section 55 to general 32 registration in the health profession is taken to be a reference to 33 provisional registration in the health profession. 34 Page 58

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 64 Period of provisional registration 1 (1) The period of registration (the registration period) that is to apply to a 2 health practitioner granted provisional registration in a health 3 profession is-- 4 (a) the period decided by the National Board established for the 5 profession, but not more than 12 months, and published on the 6 Board's website; or 7 (b) the longer period prescribed by a regulation. 8 (2) If the National Board decides to register a health practitioner in the 9 health profession during a registration period, the registration-- 10 (a) starts when the Board makes the decision; and 11 (b) expires at the end of the last day of the registration period. 12 (3) Provisional registration may not be renewed more than twice. 13 Note. If an individual were not able to complete the supervised practice the 14 individual requires for general registration in a health profession during the 15 period consisting of the individual's initial period of registration and 2 renewals 16 of that registration, the individual would need to make a new application for 17 provisional registration in the profession. 18 Division 4 Limited registration 19 65 Eligibility for limited registration 20 (1) An individual is eligible for limited registration in a health profession 21 if-- 22 (a) the individual is not qualified for general registration in the 23 profession or specialist registration in a recognised speciality in 24 the profession; and 25 (b) the individual is qualified under this Division for limited 26 registration; and 27 (c) the individual is a suitable person to hold limited registration in 28 the profession; and 29 (d) the individual is not disqualified under this Law or a law of a 30 co-regulatory jurisdiction from applying for registration, or being 31 registered, in the health profession; and 32 (e) the individual meets any other requirements for registration 33 stated in an approved registration standard for the health 34 profession. 35 (2) Without limiting subsection (1), the National Board established for the 36 health profession may decide the individual is eligible for registration in 37 the profession by imposing conditions on the registration under 38 section 83. 39 Page 59

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 66 Limited registration for postgraduate training or supervised practice 1 (1) An individual may apply for limited registration to enable the individual 2 to undertake a period of postgraduate training or supervised practice in 3 a health profession, or to undertake assessment or sit an examination, 4 approved by the National Board established for the profession. 5 (2) The individual is qualified for the limited registration applied for if the 6 National Board is satisfied the individual has completed a qualification 7 that is relevant to, and suitable for, the postgraduate training, supervised 8 practice, assessment or examination. 9 67 Limited registration for area of need 10 (1) An individual may apply for limited registration to enable the individual 11 to practise a health profession in an area of need decided by the 12 responsible Minister under subsection (5). 13 (2) The individual is qualified for the limited registration applied for if the 14 National Board is satisfied the individual's qualifications and 15 experience are relevant to, and suitable for, the practice of the 16 profession in the area of need. 17 (3) The National Board must consider the application but is not required to 18 register the individual merely because there is an area of need. 19 (4) If the National Board grants the individual limited registration to enable 20 the individual to practise the profession in the area of need, the 21 individual must not practise the profession other than in the area of need 22 specified in the individual's certificate of registration. 23 (5) A responsible Minister for a participating jurisdiction may decide there 24 is an area of need for health services in the jurisdiction, or part of the 25 jurisdiction, if the Minister considers there are insufficient health 26 practitioners practising in a particular health profession in the 27 jurisdiction or the part of the jurisdiction to provide services that meet 28 the needs of people living in the jurisdiction or the part of the 29 jurisdiction. 30 (6) If a responsible Minister decides there is an area of need under 31 subsection (5), the responsible Minister must give the National Board 32 established for the health profession written notice of the decision. 33 (7) A responsible Minister may delegate the Minister's power under this 34 section to an appropriately qualified person. 35 (8) In this section-- 36 appropriately qualified means having the qualifications, experience or 37 standing appropriate to the exercise of the power. 38 Page 60

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note health services means the provision of services by health practitioners 1 in a particular health profession. 2 68 Limited registration in public interest 3 (1) An individual may apply for limited registration to enable the individual 4 to practise a health profession for a limited time, or for a limited scope, 5 in the public interest. 6 (2) The individual is qualified for the limited registration applied for if the 7 National Board established for the health profession is satisfied it is in 8 the public interest for an individual with the individual's qualifications 9 and experience to practise the profession for that time or scope. 10 69 Limited registration for teaching or research 11 (1) An individual may apply for limited registration in a health profession 12 to enable the individual to fill a teaching or research position. 13 (2) The individual is qualified for the limited registration applied for if the 14 National Board established for the health profession is satisfied the 15 individual's qualifications are relevant to, and suitable for, the position. 16 70 Unsuitability to hold limited registration 17 (1) Section 55 applies to a decision by a National Board that an individual 18 is not a suitable person to hold limited registration in a health 19 profession. 20 (2) For the purposes of subsection (1), a reference in section 55 to general 21 registration in the health profession is taken to be a reference to limited 22 registration in the health profession. 23 71 Limited registration not to be held for more than one purpose 24 An individual may not hold limited registration in the same health 25 profession for more than one purpose under this Division at the same 26 time. 27 72 Period of limited registration 28 (1) The period of registration that is to apply to a health practitioner granted 29 limited registration in a health profession is the period (the registration 30 period), not more than 12 months, decided by the National Board 31 established for the profession and published on the Board's website. 32 (2) If the National Board decides to register a health practitioner in the 33 health profession during a registration period, the registration-- 34 (a) starts when the Board makes the decision; and 35 (b) expires at the end of the last day of the registration period. 36 Page 61

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (3) Limited registration may not be renewed more than 3 times. 1 Note. If an individual had been granted limited registration in a health 2 profession for a purpose under this Division, had subsequently renewed the 3 registration in the profession for that purpose 3 times and at the end of the 4 period wished to continue holding limited registration in the profession for that 5 purpose, the individual would need to make a new application for limited 6 registration in the profession for that purpose. 7 Division 5 Non-practising registration 8 73 Eligibility for non-practising registration 9 An individual is eligible for non-practising registration in a health 10 profession if-- 11 (a) the individual-- 12 (i) holds or has held general registration in the health 13 profession under this Law; or 14 (ii) holds or has held specialist registration in a recognised 15 speciality in the health profession under this Law; or 16 (iii) held registration in the health profession under a 17 corresponding prior Act that was equivalent to general 18 registration or specialist registration in the health 19 profession under this Law; 20 (b) the individual is a suitable person to hold non-practising 21 registration in the profession. 22 74 Unsuitability to hold non-practising registration 23 A National Board may decide an individual is not a suitable person to 24 hold non-practising registration in a health profession if-- 25 (a) having regard to the individual's criminal history to the extent 26 that is relevant to the individual's practise of the profession, the 27 individual is not, in the Board's opinion, an appropriate person to 28 hold registration in the profession or it is not in the public interest 29 for the individual to hold registration in the profession; or 30 (b) in the Board's opinion, the individual is for any other reason not 31 a fit and proper person to hold non-practising registration in the 32 profession. 33 75 Registered health practitioner who holds non-practising registration 34 must not practise the profession 35 (1) A registered health practitioner who holds non-practising registration in 36 a health profession must not practise the profession. 37 Page 62

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) A contravention of subsection (1) by a registered health practitioner 1 does not constitute an offence but may constitute behaviour for which 2 health, conduct or performance action may be taken. 3 76 Period of non-practising registration 4 (1) The period of registration that is to apply to a health practitioner granted 5 non-practising registration in a health profession is the period (the 6 registration period), not more than 12 months, decided by the National 7 Board established for the profession and published on the Board's 8 website. 9 (2) If the National Board decides to register a health practitioner in the 10 health profession during a registration period, the registration-- 11 (a) starts when the Board makes the decision; and 12 (b) expires at the end of the last day of the registration period. 13 Division 6 Application for registration 14 77 Application for registration 15 (1) An individual may apply to a National Board for registration in the 16 health profession for which the Board is established. 17 (2) An application must-- 18 (a) be in the form approved by the National Board; and 19 (b) be accompanied by the relevant fee; and 20 (c) be accompanied by proof of the applicant's identity; and 21 (d) be accompanied by any other information reasonably required by 22 the Board. 23 (3) Without limiting subsection (2)(a), a form approved by a National 24 Board for the purposes of that subsection must require an applicant-- 25 (a) to provide a declaration about-- 26 (i) the address at which the applicant will predominantly 27 practise the profession; or 28 (ii) if the applicant will not be practising the profession or will 29 not predominantly practise the profession at one address, 30 the address that is the applicant's principal place of 31 residence; and 32 (b) to provide an address to be used by the Board in corresponding 33 with the applicant; and 34 Page 63

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (c) to disclose the applicant's criminal history; and 1 (d) to authorise the Board to obtain the applicant's criminal history. 2 Note. See the definition of criminal history which applies to offences in 3 participating jurisdictions and elsewhere, including outside Australia. 4 (4) A criminal history law does not apply to the requirement under 5 subsection (3)(c) for the applicant to disclose the applicant's criminal 6 history. 7 (5) Information in the application must, if the approved form requires, be 8 verified by a statutory declaration. 9 78 Power to check applicant's proof of identity 10 (1) If an applicant for registration gives a National Board a document as 11 evidence of the applicant's identity under this section, the Board may, 12 by written notice, ask the entity that issued the document-- 13 (a) to confirm the validity of the document; or 14 (b) to give the Board other information relevant to the applicant's 15 identity. 16 (2) An entity given a notice under subsection (1) is authorised to give the 17 National Board the information requested in the notice. 18 79 Power to check applicant's criminal history 19 (1) Before deciding an application for registration, a National Board must 20 check the applicant's criminal history. 21 (2) For the purposes of checking an applicant's criminal history, a National 22 Board may obtain a written report about the criminal history of the 23 applicant from any of the following-- 24 (a) CrimTrac; 25 (b) a police commissioner; 26 (c) an entity in a jurisdiction outside Australia that has access to 27 records about the criminal history of persons in that jurisdiction. 28 (3) A criminal history law does not apply to a report about an applicant's 29 criminal history under subsection (2). 30 80 Boards' other powers before deciding application for registration 31 (1) Before deciding an application for registration, a National Board may-- 32 (a) investigate the applicant, including, for example, by asking an 33 entity-- 34 (i) to give the Board information about the applicant; or 35 Page 64

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (ii) to verify information or a document that relates to the 1 applicant; 2 Examples. If the applicant is or has been registered by another 3 registration authority, the National Board may ask the registration 4 authority for information about the applicant's registration status. 5 The National Board may ask an entity that issued qualifications that the 6 applicant believes qualifies the applicant for registration for confirmation 7 that the qualification was issued to the applicant. 8 (b) by written notice given to the applicant, require the applicant to 9 give the Board, within a reasonable time stated in the notice, 10 further information or a document the Board reasonably requires 11 to decide the application; and 12 (c) by written notice given to the applicant, require the applicant to 13 attend before the Board, within a reasonable time stated in the 14 notice and at a reasonable place, to answer any questions of the 15 Board relating to the application; and 16 (d) by written notice given to the applicant, require the applicant to 17 undergo an examination or assessment, within a reasonable time 18 stated in the notice and at a reasonable place, to assess the 19 applicant's ability to practise the health profession in which 20 registration is sought; and 21 (e) by written notice given to the applicant, require the applicant to 22 undergo a health assessment, within a reasonable time stated in 23 the notice and at a reasonable place. 24 (2) The National Board may require the information or document referred 25 to in subsection (1)(b) to be verified by a statutory declaration. 26 (3) If the National Board requires an applicant to undertake an examination 27 or assessment under subsection (1)(d) to assess the applicant's ability to 28 practise the health profession-- 29 (a) the examination or assessment must be conducted by an 30 accreditation authority for the health profession, unless the Board 31 decides otherwise; and 32 (b) the National Agency may require the applicant to pay the relevant 33 fee. 34 (4) A notice under subsection (1)(d) or (e) must state-- 35 (a) the reason for the examination or assessment; and 36 (b) the name and qualifications of the person appointed by the 37 National Board to conduct the examination or assessment; and 38 (c) the place where, and the day and time at which, the examination 39 or assessment is to be conducted. 40 Page 65

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (5) The applicant is taken to have withdrawn the application if, within the 1 stated time, the applicant does not comply with a requirement under 2 subsection (1). 3 81 Applicant may make submissions about proposed refusal of application 4 or imposition of condition 5 (1) If, after considering an application for registration, a National Board is 6 proposing to refuse to register the applicant or to register the applicant 7 subject to a condition, the Board must give the applicant written notice 8 of the proposal. 9 (2) The notice must-- 10 (a) state the reasons for the proposal; and 11 (b) invite the applicant to make a written or verbal submission to the 12 Board by the date stated in the notice, being not less than 30 days 13 after the day the notice is given to the applicant, about the 14 proposal. 15 82 Decision about application 16 (1) After considering an application for registration and any submissions 17 made in accordance with a notice under section 81, a National Board 18 established for a health profession must-- 19 (a) decide to grant the applicant the type of registration in the health 20 profession applied for if the applicant is eligible for that type of 21 registration under a relevant section; or 22 (b) decide to grant the applicant a type of registration in the health 23 profession, other than the type of registration applied for, for 24 which the applicant is eligible under a relevant section; or 25 (c) decide to refuse to grant the applicant registration in the health 26 profession if-- 27 (i) the applicant is ineligible for registration in the profession 28 under a relevant section because the applicant-- 29 (A) is not qualified for registration; or 30 (B) has not completed a period of supervised practice in 31 the health profession, or an examination or 32 assessment required by the Board to assess the 33 individual's ability to practise the profession; or 34 (C) is not a suitable person to hold registration; or 35 (D) is disqualified under this Law from applying for 36 registration, or being registered, in the health 37 profession; or 38 Page 66

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (E) does not meet a requirement for registration stated 1 in an approved registration standard for the 2 profession; or 3 (ii) it would be improper to register the applicant because the 4 applicant or someone else gave the National Board 5 information or a document in relation to the application 6 that was false or misleading in a material particular. 7 (2) In this section-- 8 relevant section means section 52, 57, 62, 65 or 73. 9 83 Conditions of registration 10 (1) If a National Board decides to register a person in the health profession 11 for which the Board is established, the registration is subject to any 12 condition the Board considers necessary or desirable in the 13 circumstances. 14 Note. A failure by a registered health practitioner to comply with a condition of 15 the practitioner's registration does not constitute an offence but may constitute 16 behaviour for which health, conduct or performance action may be taken. 17 (2) If the National Board decides to register the person subject to a 18 condition referred to in subsection (1), the Board must decide a review 19 period for the condition. 20 84 Notice to be given to applicant 21 (1) Within 30 days after making the decision under section 82, the National 22 Board must-- 23 (a) give the applicant written notice of the Board's decision; and 24 (b) if the Board decides to register the applicant, give the applicant a 25 certificate of registration. 26 (2) If the Board decides not to register the applicant, or decides to register 27 the applicant in a type of registration other than the registration applied 28 for or subject to a condition, the notice under subsection (1)(a) must 29 state-- 30 (a) the reasons for the decision; and 31 (b) that the applicant may appeal against the decision; and 32 (c) how an application for appeal may be made and the period within 33 which the application must be made. 34 85 Failure to decide application 35 If a National Board fails to decide an application for registration within 36 90 days after its receipt, or the longer period agreed between the Board 37 Page 67

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law and the applicant, the failure by the Board to make a decision is taken 1 to be a decision to refuse to register the applicant. 2 Division 7 Student registration 3 Subdivision 1 Persons undertaking approved programs of 4 study 5 86 Definitions 6 In this Subdivision-- 7 approved program of study, for a health profession, does not include an 8 approved program of study that provides a qualification for 9 endorsement of registration in the profession but does not qualify a 10 person for registration in the profession. 11 particulars means particulars required to be included in the student 12 register. 13 87 National Board must register persons undertaking approved program of 14 study 15 (1) The National Board established for a health profession must decide 16 whether persons who are undertaking an approved program of study for 17 the health profession must be registered-- 18 (a) for the entire period during which the persons are enrolled in the 19 approved program of study; or 20 (b) for the period starting when the persons begin a particular part of 21 the approved program of study and ending when the persons 22 complete, or otherwise cease to be enrolled in, the program. 23 (2) In deciding whether to register persons undertaking an approved 24 program of study for the entire period of the program of study or only 25 part of the period, the National Board must have regard to-- 26 (a) the likelihood that persons undertaking the approved program of 27 study will, in the course of undertaking the program, have contact 28 with members of the public; and 29 (b) if it is likely that the persons undertaking the approved program 30 of study will have contact with members of the public-- 31 (i) when in the approved program of study it is likely the 32 persons will have contact with members of the public; and 33 (ii) the potential risk that contact may pose to members of the 34 public. 35 Page 68

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 88 National Board may ask education provider for list of persons 1 undertaking approved program of study 2 (1) For the purposes of registering persons as required by section 87, a 3 National Board may, at any time by written notice given to an education 4 provider, ask the provider for the following-- 5 (a) the particulars of all persons who are undertaking an approved 6 program of study for the health profession for which the Board is 7 established; 8 (b) the particulars of all persons who will be undertaking the part of 9 the approved program of study specified in the notice. 10 (2) An education provider given a notice under subsection (1) must not fail, 11 without reasonable excuse, to comply with the notice. 12 (3) A contravention of subsection (2) does not constitute an offence. 13 (4) However, if an education provider does not comply with a notice under 14 subsection (1)-- 15 (a) the National Board that gave the education provider the notice 16 must publish details of the failure to comply with the notice on 17 the Board's website; and 18 (b) the National Agency may, on the recommendation of the 19 National Board, include a statement about the failure to comply 20 with the notice in the Agency's annual report. 21 89 Registration of students 22 (1) On receipt of the particulars of persons undertaking an approved 23 program of study, or part of an approved program of study, under 24 section 88-- 25 (a) the National Board may register the persons as students in the 26 health profession by entering the persons' particulars in the 27 student register kept by the Board; or 28 (b) the National Board may-- 29 (i) by written notice given to each person, require the person 30 to complete an application for registration as a student in 31 the form approved by the National Board; and 32 (ii) on receipt of the person's application form, register the 33 person as a student in the health profession by entering the 34 person's particulars in the student register kept by the 35 Board. 36 (2) The National Board must not register a person as a student if the person 37 is undertaking an approved program of study for a health profession in 38 which the person already holds registration under Division 6. 39 Page 69

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (3) The National Board must not require a person to pay a fee for 1 registration as a student. 2 (4) As soon as practicable after registering a person as a student, a National 3 Board must give written notice of the registration to-- 4 (a) the education provider that provided the student's particulars to 5 the Board; and 6 (b) if the Board required the person to complete an application form 7 for registration, the student. 8 (5) As soon as practicable after receiving notice that a student has been 9 registered under subsection (1)(a), the education provider must give 10 written notice of the registration to the student. 11 90 Period of student registration 12 The period of registration for a student-- 13 (a) starts when the student is registered under section 89; and 14 (b) expires at the end of the day on which the student completes, or 15 otherwise ceases to be enrolled in, the approved program of 16 study. 17 Subdivision 2 Other persons to be registered as students 18 91 Education provider to provide lists of persons 19 (1) If an education provider arranges clinical training in a health profession 20 for a person who is not enrolled in an approved program of study for the 21 profession, the education provider must give the National Board 22 established for the profession written notice about the arrangement. 23 (2) Subsection (1) does not apply if the person is a registered health 24 practitioner who is registered in the health profession in which the 25 clinical training is being undertaken. 26 (3) A notice under subsection (1) must include-- 27 (a) the particulars of the person undertaking the clinical training, and 28 (b) particulars of the arrangement for the person to undertake the 29 clinical training. 30 (4) On receipt of a notice under subsection (1)-- 31 (a) the National Board may register the persons as students in the 32 health profession by entering the persons' particulars in the 33 student register kept by the Board; or 34 Page 70

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (b) the National Board may-- 1 (i) by written notice given to each person, require the person 2 to complete an application for registration as a student in 3 the form approved by the National Board; and 4 (ii) on receipt of the person's application form, register the 5 person as a student in the health profession by entering the 6 person's particulars in the student register kept by the 7 Board. 8 (5) As soon as practicable after registering a person as a student under 9 subsection (4), a National Board must give written notice of the 10 registration to the education provider that provided the student's 11 particulars to the Board. 12 (6) The National Board must not require a person to pay a fee for 13 registration as a student. 14 (7) A student's period of registration under this section-- 15 (a) starts when the student is registered under subsection (4); and 16 (b) expires at the end of the day on which the person completes, or 17 otherwise ceases to undertake, the period of clinical training. 18 Subdivision 3 General provisions applicable to students 19 92 Notice to be given if student registration suspended or condition 20 imposed 21 (1) This section applies if, at any time, any of the following events occurs-- 22 (a) a person's registration as a student under this Law is suspended; 23 (b) a condition is imposed on a person's registration as a student 24 under this Law or a condition to which a person's registration is 25 subject is changed or removed; 26 (c) a National Board accepts an undertaking from a person who is a 27 student. 28 (2) The National Board that registered the person must, as soon as 29 practicable after the event occurs, give written notice of the event to the 30 education provider with which the person is undertaking the approved 31 program of study. 32 (3) If an education provider is given a notice under subsection (2) about a 33 person, the education provider must, as soon as practicable after 34 receiving the notice, give notice of the event to any entity with whom 35 the person is undertaking training as part of the approved program of 36 study. 37 Page 71

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 93 Report to National Board of cessation of status as student 1 (1) This section applies if-- 2 (a) a student completes, or otherwise ceases to be enrolled in, an 3 approved program of study for a health profession provided by an 4 education provider; or 5 (b) a student completes, or otherwise ceases to undertake, clinical 6 training in a health profession arranged by an education provider. 7 (2) The education provider must give written notice of the student ceasing 8 to be enrolled in the program of study, or to undertake the clinical 9 training, to the National Board established for the health profession 10 within 60 days of it occurring. 11 (3) A contravention of subsection (2) does not constitute an offence. 12 (4) However, if an education provider contravenes subsection (2)-- 13 (a) the National Board must publish details of the contravention on 14 the Board's website; and 15 (b) the National Agency may, on the recommendation of the 16 National Board, include a statement about the contravention in 17 the Agency's annual report. 18 Division 8 Endorsement of registration 19 Subdivision 1 Endorsement in relation to scheduled 20 medicines 21 94 Endorsement for scheduled medicines 22 (1) A National Board may, in accordance with an approval given by the 23 Ministerial Council under section 14, endorse the registration of a 24 registered health practitioner registered by the Board as being qualified 25 to administer, obtain, possess, prescribe, sell, supply or use a scheduled 26 medicine or class of scheduled medicines if the practitioner-- 27 (a) holds either of the following qualifications relevant to the 28 endorsement-- 29 (i) an approved qualification; 30 (ii) another qualification that, in the Board's opinion, is 31 substantially equivalent to, or based on similar 32 competencies to, an approved qualification; and 33 (b) complies with any approved registration standard relevant to the 34 endorsement. 35 Note. The endorsement of a health practitioner's registration under this section 36 indicates the practitioner is qualified to administer, obtain, possess, prescribe, 37 sell, supply or use the scheduled medicine or class of medicines specified in the 38 Page 72

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note endorsement but does not authorise the practitioner to do so. The authorisation 1 of a health practitioner to administer, obtain, possess, prescribe, sell, supply or 2 use scheduled medicines in a participating jurisdiction will be provided for by or 3 under another Act of that jurisdiction. 4 Health practitioners registered in certain health professions will be authorised to 5 administer, obtain, possess, prescribe, sell, supply or use scheduled medicines 6 by or under an Act of a participating jurisdiction without the need for the health 7 practitioners to hold an endorsement under this Law. 8 (2) An endorsement under subsection (1) must state-- 9 (a) the scheduled medicine or class of scheduled medicines to which 10 the endorsement relates; and 11 (b) whether the registered health practitioner is qualified to 12 administer, obtain, possess, prescribe, sell, supply or use the 13 scheduled medicine or class of scheduled medicines; and 14 (c) if the endorsement is for a limited period, the date the 15 endorsement expires. 16 Subdivision 2 Endorsement in relation to nurse practitioners 17 95 Endorsement as nurse practitioner 18 (1) The Nursing and Midwifery Board of Australia may endorse the 19 registration of a registered health practitioner whose name is included 20 in the Register of Nurses as being qualified to practise as a nurse 21 practitioner if the practitioner-- 22 (a) holds either of the following qualifications relevant to the 23 endorsement-- 24 (i) an approved qualification; 25 (ii) another qualification that, in the Board's opinion, is 26 substantially equivalent to, or based on similar 27 competencies to, an approved qualification; and 28 (b) complies with any approved registration standard relevant to the 29 endorsement. 30 (2) An endorsement under subsection (1) must state-- 31 (a) that the registered health practitioner is entitled to use the title 32 "nurse practitioner"; and 33 (b) any conditions applicable to the practice by the registered health 34 practitioner as a nurse practitioner. 35 Page 73

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law Subdivision 3 Endorsement in relation to midwife 1 practitioners 2 96 Endorsement as midwife practitioner 3 (1) The Nursing and Midwifery Board of Australia may endorse the 4 registration of a registered health practitioner whose name is included 5 in the Register of Midwives as being qualified to practise as a midwife 6 practitioner if the practitioner-- 7 (a) holds either of the following qualifications relevant to the 8 endorsement-- 9 (i) an approved qualification; 10 (ii) another qualification that, in the Board's opinion, is 11 substantially equivalent to, or based on similar 12 competencies to, an approved qualification; and 13 (b) complies with any approved registration standard relevant to the 14 endorsement. 15 (2) An endorsement under subsection (1) must state-- 16 (a) that the registered health practitioner is entitled to use the title 17 "midwife practitioner"; and 18 (b) any conditions applicable to the practice by the registered health 19 practitioner as a midwife practitioner. 20 Subdivision 4 Endorsement in relation to acupuncture 21 97 Endorsement for acupuncture 22 (1) A National Board may endorse the registration of a registered health 23 practitioner registered by the Board as being qualified to practise as an 24 acupuncturist if the practitioner-- 25 (a) holds either of the following qualifications relevant to the 26 endorsement-- 27 (i) an approved qualification; 28 (ii) another qualification that, in the Board's opinion, is 29 substantially equivalent to, or based on similar 30 competencies to, an approved qualification; and 31 (b) complies with an approved registration standard relevant to the 32 endorsement. 33 (2) An endorsement under subsection (1) must state-- 34 (a) that the registered health practitioner is entitled to use the title 35 "acupuncturist"; and 36 Page 74

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (b) any conditions applicable to the practice of acupuncture by the 1 registered health practitioner. 2 Subdivision 5 Endorsements in relation to approved areas of 3 practice 4 98 Endorsement for approved area of practice 5 (1) A National Board established for a health profession may, in 6 accordance with an approval given by the Ministerial Council under 7 section 15, endorse the registration of a registered health practitioner 8 registered by the Board as being qualified to practise in an approved 9 area of practice for the health profession if the practitioner-- 10 (a) holds either of the following qualifications relevant to the 11 endorsement-- 12 (i) an approved qualification; 13 (ii) another qualification that, in the Board's opinion, is 14 substantially equivalent to, or based on similar 15 competencies to, an approved qualification; and 16 (b) complies with an approved registration standard relevant to the 17 endorsement. 18 (2) An endorsement under subsection (1) must state-- 19 (a) the approved area of practice to which the endorsement relates; 20 and 21 (b) any conditions applicable to the practice by the registered health 22 practitioner in the approved area of practice. 23 Subdivision 6 Application for endorsement 24 99 Application for endorsement 25 (1) An individual may apply to a National Board for endorsement of the 26 individual's registration. 27 (2) The application must-- 28 (a) be in the form approved by the National Board; and 29 (b) be accompanied by the relevant fee; and 30 (c) be accompanied by any other information reasonably required by 31 the Board. 32 (3) For the purposes of subsection (2)(c), the information a National Board 33 may require an applicant to provide includes-- 34 (a) evidence of the qualifications in the health profession the 35 applicant believes qualifies the applicant for endorsement; and 36 Page 75

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (b) evidence of successful completion of any period of supervised 1 practice required by an approved registration standard; and 2 (c) if the applicant is required to complete an examination or 3 assessment set by or on behalf of the Board, evidence of the 4 successful completion of the examination or assessment. 5 100 Boards' other powers before deciding application for endorsement 6 (1) Before deciding an application for endorsement, a National Board 7 may-- 8 (a) investigate the applicant, including, for example, by asking an 9 entity-- 10 (i) to give the Board information about the applicant; or 11 (ii) to verify information or a document that relates to the 12 applicant; or 13 (b) by written notice to the applicant, require the applicant to give the 14 Board, within a reasonable time stated in the notice, further 15 information or a document the Board reasonably requires to 16 decide the application; or 17 (c) by written notice to the applicant, require the applicant to attend 18 before the Board, within a reasonable time stated in the notice 19 and at a reasonable place, to answer any questions of the Board 20 relating to the application; or 21 (d) by written notice to the applicant, require the applicant to 22 undergo a written, oral or practical examination, within a 23 reasonable time stated in the notice and at a reasonable place. 24 (2) The purpose of an examination under subsection (1)(d) must be to 25 assess the applicant's ability to practise the health profession in 26 accordance with the endorsement sought. 27 (3) The applicant is taken to have withdrawn the application if, within the 28 stated time, the applicant does not comply with a requirement under 29 subsection (1). 30 101 Applicant may make submissions about proposed refusal of application 31 or imposition of condition 32 (1) If, after considering an application for endorsement of a registration, a 33 National Board is proposing to refuse to endorse the applicant's 34 registration or to endorse the applicant's registration subject to a 35 condition, the Board must give the applicant written notice of the 36 proposal. 37 Page 76

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) The notice must-- 1 (a) state the reasons for the proposal; and 2 (b) invite the applicant to make a written or verbal submission to the 3 Board by the date stated in the notice, being not less than 30 days 4 after the day the notice is given to the applicant, about the 5 proposal. 6 102 Decision about application 7 (1) After considering an application for endorsement and any submissions 8 made in accordance with a notice under section 101, a National Board 9 must decide to endorse, or refuse to endorse, the applicant's registration 10 as sought. 11 (2) Without limiting subsection (1), a National Board may refuse to endorse 12 an applicant's registration if-- 13 (a) the applicant is not qualified for the endorsement under a relevant 14 section; or 15 (b) the Board considers the applicant is not competent to practise the 16 health profession in accordance with the endorsement sought. 17 (3) In this section-- 18 relevant section means section 94, 95, 96, 97 or 98. 19 103 Conditions of endorsement 20 (1) If a National Board decides to endorse the applicant's registration under 21 section 102, the Board may decide to impose on the endorsement the 22 conditions the Board considers necessary or desirable in the 23 circumstances. 24 Note. A failure by a registered health practitioner to comply with a condition of 25 the practitioner's registration does not constitute an offence but may constitute 26 behaviour for which health, conduct or performance action may be taken. 27 (2) If the National Board decides to impose a condition on the endorsement, 28 the Board must also decide a review period for the condition. 29 104 Notice of decision to be given to applicant 30 (1) As soon as practicable after making the decision under section 102, the 31 National Board must-- 32 (a) give the applicant written notice of the Board's decision; and 33 (b) if the Board decides to endorse the applicant's registration, give 34 the applicant a new certificate of registration. 35 Page 77

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (2) If the Board decides not to endorse the applicant's registration or 1 decides to endorse the applicant's registration subject to a condition, the 2 notice under subsection (1)(a) must state-- 3 (a) the reasons for the decision; and 4 (b) that the applicant may appeal against the decision; and 5 (c) how an application for appeal may be made and the period within 6 which the application must be made. 7 105 Period of endorsement 8 If a National Board decides to endorse a registered health practitioner's 9 registration, the endorsement-- 10 (a) starts when the Board makes the decision; and 11 (b) expires when the practitioner's registration ends. 12 106 Failure to decide application for endorsement 13 If a National Board fails to decide an application for endorsement 14 within 90 days after its receipt, or the longer period agreed between the 15 Board and the applicant, the failure by the Board to make a decision is 16 taken to be a decision to refuse to endorse the applicant's registration. 17 Division 9 Renewal of registration 18 107 Application for renewal of registration or endorsement 19 (1) A registered health practitioner may apply to the National Board that 20 registered the practitioner for renewal of the health practitioner's 21 registration. 22 (2) An application for renewal of a registered health practitioner's 23 registration must be made not later than one month after the 24 practitioner's period of registration ends. 25 (3) If the registered health practitioner's registration has been endorsed by 26 the National Board, the application for renewal of the practitioner's 27 registration is taken to also be an application for a renewal of the 28 endorsement. 29 (4) The application for renewal of registration must-- 30 (a) be in the form approved by the National Board; and 31 (b) be accompanied by the relevant fee; and 32 (c) if the application for renewal is made after the registered health 33 practitioner's period of registration ends, be accompanied by the 34 relevant fee for a late application; and 35 Page 78

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (d) be accompanied by the annual statement required under section 1 109; and 2 (e) be accompanied by any other information reasonably required by 3 the Board. 4 108 Registration taken to continue in force 5 (1) If a registered health practitioner applies under section 107 to renew the 6 practitioner's registration, the applicant's registration, including any 7 endorsement of the registration, is taken to continue in force from the 8 day it would, apart from this section, have ended until-- 9 (a) if the National Board decides to renew the applicant's 10 registration, the day a new certificate of registration is issued to 11 the applicant; or 12 (b) if the National Board decides to refuse to renew the applicant's 13 registration, the day the applicant is given notice of the decision. 14 (2) If a health practitioner does not apply to renew the practitioner's 15 registration before the practitioner's period of registration ends, the 16 registration, including any endorsement of the registration, is taken to 17 continue in force until-- 18 (a) the end of the day that is one month after the day the period of 19 registration would, apart from this subsection, have ended; or 20 (b) if the health practitioner applies for renewal of the registration 21 not later than one month after the practitioner's period of 22 registration ends, the day referred to in subsection (1)(a) or (b). 23 (3) Subsection (1) or (2) does not apply if the registration is earlier 24 cancelled under this Law. 25 109 Annual statement 26 (1) An application for renewal of registration must include or be 27 accompanied by a statement that includes the following-- 28 (a) a declaration by the applicant that-- 29 (i) the applicant does not have an impairment; and 30 (ii) the applicant has met any recency of practice requirements 31 stated in an approved registration standard for the health 32 profession; and 33 (iii) the applicant has completed the continuing professional 34 development the applicant was required by an approved 35 registration standard to undertake during the applicant's 36 preceding period of registration; and 37 (iv) the applicant has not practised the health profession during 38 the preceding period of registration without appropriate 39 Page 79

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law professional indemnity insurance arrangements being in 1 place in relation to the applicant; and 2 (v) if the applicant's registration is renewed the applicant will 3 not practise the health profession unless appropriate 4 professional indemnity insurance arrangements are in 5 place in relation to the applicant; 6 (b) details of any change in the applicant's criminal history that 7 occurred during the applicant's preceding period of registration; 8 Note. See the definition of criminal history which applies to offences in 9 participating jurisdictions and elsewhere, including outside Australia. 10 (c) if the applicant's right to practise at a hospital or another facility 11 at which health services are provided was withdrawn or restricted 12 during the applicant's preceding period of registration because of 13 the applicant's conduct, professional performance or health, 14 details of the withdrawal or restriction of the right to practise; 15 (d) if the applicant's billing privileges were withdrawn or restricted 16 under the Medicare Australia Act 1973 of the Commonwealth 17 during the applicant's preceding period of registration because of 18 the applicant's conduct, professional performance or health, 19 details of the withdrawal or restriction of the privileges; 20 (e) details of any complaint made about the applicant to a 21 registration authority or another entity having functions relating 22 to professional services provided by health practitioners or the 23 regulation of health practitioners; 24 (f) any other information required by an approved registration 25 standard. 26 (2) Subsection (1)(a)(ii), (iii) and (iv), (c) and (d) does not apply to an 27 applicant who is applying for the renewal of non-practising registration. 28 110 National Board's powers before making decision 29 Before deciding an application for renewal of registration, a National 30 Board may exercise a power under section 80 as if the application were 31 an application for registration made under section 77. 32 111 Applicant may make submissions about proposed refusal of application 33 for renewal or imposition of condition 34 (1) If, after considering an application for renewal of registration, a 35 National Board is proposing to refuse to renew the applicant's 36 registration or to renew the applicant's registration subject to a new 37 condition, the Board must give the applicant written notice of the 38 proposal. 39 Page 80

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) The notice must-- 1 (a) state the reasons for the proposal; and 2 (b) invite the applicant to make a written or verbal submission to the 3 Board by the date stated in the notice, being not less than 30 days 4 after the day the notice is given to the applicant, about the 5 proposal. 6 112 Decision about application for renewal 7 (1) After considering an application for renewal of registration and any 8 submissions made in accordance with a notice under section 111, a 9 National Board may decide to renew, or refuse to renew, the applicant's 10 registration or the endorsement. 11 (2) The National Board may refuse to renew the applicant's registration or 12 any endorsement on the applicant's registration-- 13 (a) on any ground on which the Board could refuse to grant the 14 registration or endorsement under section 82 or 102 if the 15 application were for a grant of registration or endorsement; or 16 (b) if the applicant contravened any condition to which the 17 applicant's previous registration or endorsement was subject; or 18 (c) if, during the applicant's previous period of registration, the 19 applicant failed to have appropriate professional indemnity 20 insurance arrangements or failed to complete the continuing 21 professional development required by an approved registration 22 standard for the profession; or 23 (d) if a statement made by the applicant in the applicant's annual 24 statement was false or misleading in a material particular; or 25 (e) if the application is for the renewal of provisional registration and 26 the applicant's provisional registration has previously been 27 renewed twice; or 28 (f) if the application is for the renewal of limited application and the 29 applicant's limited registration has previously been renewed 30 3 times. 31 (3) If the National Board renews a registration, including any endorsement 32 on the registration, the registration or endorsement is subject to-- 33 (a) any condition to which the registration was subject immediately 34 before the renewal; and 35 (b) any condition the Board considers necessary or desirable in the 36 circumstances 37 Note. A failure by a registered health practitioner to comply with a condition of 38 the practitioner's registration does not constitute an offence but may constitute 39 behaviour for which health, conduct or performance action may be taken. 40 Page 81

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (4) If the National Board decides to renew a registered health practitioner's 1 registration or an endorsement of the registration subject to a condition 2 under subsection (3)(b), the Board must decide a review period for the 3 condition. 4 (5) If a National Board decides to refuse to renew an applicant's 5 registration or the endorsement of the applicant's registration, or to 6 renew the registration or the endorsement subject to a condition under 7 subsection (3)(b), the Board must give the applicant a notice that 8 states-- 9 (a) the decision made by the Board; and 10 (b) the reasons for the decision; and 11 (c) that the applicant may appeal against the decision; and 12 (d) how an application for appeal may be made and the period within 13 which the application must be made. 14 (6) A registration, including any endorsement of the registration, renewed 15 under this Division-- 16 (a) starts on the day immediately after the applicant's previous 17 period of registration ends or ended; and 18 (b) expires at the end of the day that is 12 months after the day it 19 starts. 20 Division 10 Title and practice protections 21 Subdivision 1 Title protections 22 113 Restriction on use of protected titles 23 (1) A person must not knowingly or recklessly-- 24 (a) take or use a title in the Table to this section, in a way that could 25 be reasonably expected to induce a belief the person is registered 26 under this Law in the health profession listed beside the title in 27 the Table, unless the person is registered in the profession, or 28 (b) take or use a prescribed title for a health profession, in a way that 29 could be reasonably expected to induce a belief the person is 30 registered under this Law in the profession, unless the person is 31 registered in the profession. 32 Maximum penalty-- 33 (a) in the case of an individual--$30,000; or 34 (b) in the case of a body corporate--$60,000. 35 Page 82

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) A person must not knowingly or recklessly-- 1 (a) take or use a title in the Table in relation to another person (the 2 second person), in a way that could be reasonably expected to 3 induce a belief the second person is registered under this Law in 4 the health profession listed beside the title in the Table, unless the 5 second person is registered in the profession; or 6 (b) take or use a prescribed title for a health profession in relation to 7 another person (the second person), in a way that could be 8 reasonably expected to induce a belief the second person is 9 registered under this Law in the profession, unless the second 10 person is registered in the profession. 11 Maximum penalty-- 12 (a) in the case of an individual--$30,000; or 13 (b) in the case of a body corporate--$60,000. 14 (3) Subsections (1) and (2) apply whether or not the title is taken or used 15 with or without any other words and whether in English or any other 16 language. 17 Table-- Protected Titles 18 Profession Title Aboriginal and Torres Strait Islander Aboriginal and Torres Strait Islander Health Practice 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 Page 83

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law Profession Title Nursing and Midwifery nurse, registered nurse, nurse practitioner, enrolled nurse, midwife, midwife practitioner Occupational Therapy occupational therapist Optometry optometrist, optician Osteopathy osteopath Pharmacy pharmacist, pharmaceutical chemist Physiotherapy physiotherapist, physical therapist Podiatry podiatrist, chiropodist Psychology psychologist 114 Use of title "acupuncturist" 1 (1) A registered health practitioner whose registration is endorsed under 2 section 97 by a National Board as being qualified to practise as an 3 acupuncturist does not commit an offence against section 113(1)(a) 4 merely because the individual takes or uses the title "acupuncturist". 5 (2) A person does not commit an offence against section 113(2)(a) merely 6 because the person takes or uses the title "acupuncturist" in relation to 7 another person who is a registered health practitioner whose registration 8 is endorsed under section 97 by a National Board as being qualified to 9 practise as an acupuncturist. 10 115 Restriction on use of specialist titles 11 (1) A person must not knowingly or recklessly take or use-- 12 (a) the title "dental specialist" unless the person is registered under 13 this Law in a recognised specialty in the dentists division of the 14 dental profession; or 15 (b) the title "medical specialist" unless the person is registered in a 16 recognised specialty in the medical profession; or 17 (c) a specialist title for a recognised specialty unless the person is 18 registered under this Law in the specialty. 19 Maximum penalty-- 20 (a) in the case of an individual--$30,000; or 21 (b) in the case of a body corporate--$60,000. 22 Page 84

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) A person must not knowingly or recklessly take or use-- 1 (a) the title "dental specialist" in relation to another person unless the 2 other person is registered under this Law in a recognised 3 specialty in the dentists division of the dental profession; or 4 (b) the title "medical specialist" in relation to another person unless 5 the person is registered in a recognised specialty in the medical 6 profession; or 7 (c) a specialist title for a recognised specialty in relation to another 8 person unless the person is registered under this Law in the 9 specialty. 10 Maximum penalty-- 11 (a) in the case of an individual--$30,000; or 12 (b) in the case of a body corporate--$60,000. 13 (3) Subsection (1) applies whether or not the title is taken or used with or 14 without any other words and whether in English or any other language. 15 116 Claims by persons as to registration as health practitioner 16 (1) A person who is not a registered health practitioner must not knowingly 17 or recklessly-- 18 (a) take or use the title of "registered health practitioner", whether 19 with or without any other words; or 20 (b) take or use a title, name, initial, symbol, word or description that, 21 having regard to the circumstances in which it is taken or used, 22 indicates or could be reasonably understood to indicate-- 23 (i) the person is a health practitioner; or 24 (ii) the person is authorised or qualified to practise in a health 25 profession; or 26 (c) claim to be registered under this Law or hold himself or herself 27 out as being registered under this Law; or 28 (d) claim to be qualified to practise as a health practitioner. 29 Maximum penalty-- 30 (a) in the case of an individual--$30,000; or 31 (b) in the case of a body corporate--$60,000. 32 (2) A person must not knowingly or recklessly-- 33 (a) take or use the title of "registered health practitioner", whether 34 with or without any other words, in relation to another person 35 who is not a registered health practitioner; or 36 Page 85

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (b) take or use a title, name, initial, symbol, word or description that, 1 having regard to the circumstances in which it is taken or used, 2 indicates or could be reasonably understood to indicate-- 3 (i) another person is a health practitioner if the other person is 4 not a health practitioner; or 5 (ii) another person is authorised or qualified to practise in a 6 health profession if the other person is not a registered 7 health practitioner in that health profession; or 8 (c) claim another person is registered under this Law, or hold the 9 other person out as being registered under this Law, if the other 10 person is not registered under this Law; or 11 (d) claim another person is qualified to practise as a health 12 practitioner if the other person is not a registered health 13 practitioner. 14 Maximum penalty-- 15 (a) in the case of an individual--$30,000; or 16 (b) in the case of a body corporate--$60,000. 17 117 Claims by persons as to registration in particular profession or division 18 (1) A registered health practitioner must not knowingly or recklessly-- 19 (a) claim to be registered under this Law in a health profession or a 20 division of a health profession in which the practitioner is not 21 registered, or hold himself or herself out as being registered in a 22 health profession or a division of a health profession if the person 23 is not registered in that health profession or division; or 24 (b) claim to be qualified to practise as a practitioner in a health 25 profession or a division of a health profession in which the 26 practitioner is not registered; or 27 (c) take or use any title that could be reasonably understood to induce 28 a belief the practitioner is registered under this Law in a health 29 profession or a division of a health profession in which the 30 practitioner is not registered. 31 (2) A contravention of subsection (1) by a registered health practitioner 32 does not constitute an offence but may constitute behaviour for which 33 health, conduct or performance action may be taken. 34 (3) A person must not knowingly or recklessly-- 35 (a) claim another person is registered under this Law in a health 36 profession or a division of a health profession in which the other 37 person is not registered, or hold the other person out as being 38 registered in a health profession or a division of a health 39 Page 86

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note profession if the other person is not registered in that health 1 profession or division; or 2 (b) claim another person is qualified to practise as a health 3 practitioner in a health profession or division of a health 4 profession in which the other person is not registered; or 5 (c) take or use any title in relation to another person that could be 6 reasonably understood to induce a belief the other person is 7 registered under this Law in a health profession or a division of a 8 health profession in which the person is not registered. 9 Maximum penalty-- 10 (a) in the case of an individual--$30,000; or 11 (b) in the case of a body corporate--$60,000. 12 Note. A contravention of this subsection by a registered health practitioner may 13 also constitute unprofessional conduct for which health, conduct or 14 performance action may be taken. 15 118 Claims by persons as to specialist registration 16 (1) A person who is not a specialist health practitioner must not knowingly 17 or recklessly-- 18 (a) take or use the title of "specialist health practitioner", whether 19 with or without any other words; or 20 (b) take or use a title, name, initial, symbol, word or description that, 21 having regard to the circumstances in which it is taken or used, 22 indicates or could be reasonably understood to indicate-- 23 (i) the person is a specialist health practitioner; or 24 (ii) the person is authorised or qualified to practise in a 25 recognised specialty; or 26 (c) claim to be registered under this Law in a recognised specialty or 27 hold himself or herself out as being registered under this Law in 28 a recognised specialty; or 29 (d) claim to be qualified to practise as a specialist health practitioner. 30 Maximum penalty-- 31 (a) in the case of an individual--$30,000; or 32 (b) in the case of a body corporate--$60,000. 33 (2) A person must not knowingly or recklessly-- 34 (a) take or use the title of "specialist health practitioner", whether 35 with or without any other words, in relation to another person 36 who is not a specialist health practitioner; or 37 (b) take or use a title, name, initial, symbol, word or description in 38 relation to another person that, having regard to the 39 Page 87

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law circumstances in which it is taken or used, indicates or could be 1 reasonably understood to indicate-- 2 (i) the other person is a specialist health practitioner; or 3 (ii) the other person is authorised or qualified to practise in a 4 recognised specialty; or 5 (c) claim another person is registered under this Law in a recognised 6 specialty or hold the other person out as being registered under 7 this Law in a recognised specialty if the other person is not 8 registered in that recognised specialty; or 9 (d) claim another person is qualified to practise as a specialist health 10 practitioner if the person is not a specialist health practitioner. 11 Maximum penalty-- 12 (a) in the case of an individual--$30,000; or 13 (b) in the case of a body corporate--$60,000. 14 Note. A contravention of this section by a registered health practitioner may 15 also constitute unprofessional conduct for which health, conduct or 16 performance action may be taken. 17 119 Claims about type of registration or registration in recognised specialty 18 (1) A registered health practitioner must not knowingly or recklessly-- 19 (a) claim to hold a type of registration or endorsement under this 20 Law that the practitioner does not hold or hold himself or herself 21 out as holding a type of registration or endorsement if the 22 practitioner does not hold that type of registration; or 23 (b) claim to be qualified to hold a type of registration or endorsement 24 the practitioner does not hold; or 25 (c) claim to hold specialist registration under this Law in a 26 recognised specialty in which the practitioner does not hold 27 specialist registration or hold himself or herself out as holding 28 specialist registration in a recognised specialty if the person does 29 not hold specialist registration in that specialty; or 30 (d) claim to be qualified to practise as a specialist health practitioner 31 in a recognised specialty in which the practitioner is not 32 registered. 33 (2) A contravention of subsection (1) by a registered health practitioner 34 does not constitute an offence but may constitute behaviour for which 35 health, conduct or performance action may be taken. 36 (3) A person must not knowingly or recklessly-- 37 (a) claim another person holds a type of registration or endorsement 38 under this Law that the other person does not hold or hold the 39 other person out as holding a type of registration or endorsement 40 Page 88

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note if the practitioner does not hold that type of registration or 1 endorsement; or 2 (b) claim another person is qualified to hold a type of registration or 3 endorsement that the other person does not hold; or 4 (c) claim another person holds specialist registration under this Law 5 in a recognised specialty which the other person does not hold or 6 hold the other person out as holding specialist registration in a 7 recognised specialty if the other person does not hold specialist 8 registration in that specialty; or 9 (d) claim another person is qualified to practise in a recognised 10 specialty in which the other person is not registered. 11 Maximum penalty-- 12 (a) in the case of an individual--$30,000; or 13 (b) in the case of a body corporate--$60,000. 14 Note. A contravention of this subsection by a registered health practitioner may 15 also constitute unprofessional conduct for which health, conduct or 16 performance action may be taken. 17 120 Registered health practitioner registered on conditions 18 (1) A registered health practitioner who is registered on conditions must not 19 knowingly or recklessly claim, or hold himself or herself out, to be 20 registered without the conditions or any conditions. 21 (2) A contravention of subsection (1) by a registered health practitioner 22 does not constitute an offence but may constitute behaviour for which 23 health, conduct or performance action may be taken. 24 Subdivision 2 Practice protections 25 121 Restricted dental acts 26 (1) A person must not carry out a restricted dental act unless the person-- 27 (a) is registered in the dental profession or medical profession and 28 carries out the restricted dental act in accordance with any 29 requirements specified in an approved registration standard; or 30 (b) is a student who carries out the restricted dental act in the course 31 of activities undertaken as part of-- 32 (i) an approved program of study for the dental profession or 33 medical profession; or 34 (ii) clinical training in the dental profession or medical 35 profession; or 36 Page 89

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (c) carries out the restricted dental act in the course of carrying out 1 technical work on the written order of a person registered in the 2 dentists or dental prosthetists division of the dental profession; or 3 (d) is a person, or a member of a class of persons, prescribed under a 4 regulation as being authorised to carry out the restricted dental 5 act or restricted dental acts generally. 6 Maximum penalty-- $30,000. 7 (2) In this section-- 8 restricted dental act means any of the following acts-- 9 (a) performing any irreversible procedure on the human teeth or jaw 10 or associated structures; 11 (b) correcting malpositions of the human teeth or jaw or associated 12 structures; 13 (c) fitting or intra-orally adjusting artificial teeth or corrective or 14 restorative dental appliances for a person; 15 (d) performing any irreversible procedure on, or the giving of any 16 treatment or advice to, a person that is preparatory to or for the 17 purpose of fitting, inserting, adjusting, fixing, constructing, 18 repairing or renewing artificial dentures or a restorative dental 19 appliance. 20 technical work means the mechanical construction or the renewal or 21 repair of artificial dentures or restorative dental appliances. 22 122 Restriction on prescription of optical appliances 23 (1) A person must not prescribe an optical appliance unless-- 24 (a) the person is an optometrist or medical practitioner; or 25 (b) the appliance is spectacles and the person is an orthoptist who-- 26 (i) prescribes the spectacles in the course of carrying out 27 duties at a public health facility; or 28 (ii) prescribes the spectacles under the supervision of an 29 optometrist or medical practitioner; or 30 (iii) prescribes the spectacles, on the written referral of an 31 optometrist or medical practitioner, to a person who has 32 had, within the 12 months before the referral, an ocular 33 health examination conducted by an optometrist or 34 medical practitioner; or 35 Page 90

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (c) the person is a person, or a member of a class of persons, 1 prescribed under a regulation as being authorised to prescribe an 2 optical appliance of that type or to prescribe optical appliances 3 generally. 4 Maximum penalty-- $30,000. 5 (2) In this section-- 6 optical appliance means-- 7 (a) any appliance designed to correct, remedy or relieve any 8 refractive abnormality or defect of sight, including, for example, 9 spectacle lenses; or 10 (b) contact lenses, whether or not designed to correct, remedy or 11 relieve any refractive abnormality or defect of sight. 12 optometrist means a person registered in the optometry profession. 13 orthoptist means a person whose name is recorded in the Register of 14 Orthoptists kept by the Australian Orthoptists Registration Body Pty 15 Ltd (ACN 095 11 7 678). 16 123 Restriction on spinal manipulation 17 (1) A person must not perform manipulation of the cervical spine unless the 18 person-- 19 (a) is registered in an appropriate health profession; or 20 (b) is a student who performs manipulation of the cervical spine in 21 the course of activities undertaken as part of-- 22 (i) an approved program of study in an appropriate health 23 profession; or 24 (ii) clinical training in an appropriate health profession; or 25 (c) is a person, or a member of a class of persons, prescribed under a 26 regulation as being authorised to perform manipulation of the 27 cervical spine. 28 Maximum penalty-- $30,000. 29 (2) In this section-- 30 appropriate health profession means any of the following health 31 professions-- 32 (a) chiropractic; 33 (b) osteopathy; 34 (c) medical; 35 (d) physiotherapy. 36 Page 91

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law manipulation of the cervical spine means moving the joints of the 1 cervical spine beyond a person's usual physiological range of motion 2 using a high velocity, low amplitude thrust. 3 Division 11 Miscellaneous 4 Subdivision 1 Certificates of registration 5 124 Issue of certificate of registration 6 (1) This section applies if-- 7 (a) a National Board decides to register an individual in the health 8 profession for which the Board is established; or 9 (b) a National Board decides to renew an individual's registration in 10 the health profession for which the Board is established; or 11 (c) a National Board or an adjudication body decides to impose, 12 change or remove a condition on a registered health practitioner's 13 registration or otherwise change the practitioner's registration in 14 a material way; or 15 (d) a National Board or an adjudication body decides to accept an 16 undertaking from a registered health practitioner or to change or 17 revoke an undertaking given by the practitioner; or 18 (e) a National Board decides to endorse a health practitioner's 19 registration. 20 (2) The National Board must, as soon as practicable after the decision is 21 made, give the registered health practitioner a certificate of registration 22 in the form decided by the Board. 23 (3) A certificate of registration must include the following-- 24 (a) the name of the registered health practitioner; 25 (b) the type of registration granted and, if the registration is 26 endorsed, the type of endorsement granted; 27 (c) the date the registration or endorsement was granted; 28 (d) the division of the register, if any, in which the practitioner is 29 registered; 30 (e) any condition to which the registration or endorsement is subject; 31 (f) any undertaking given by the practitioner to the National Board; 32 (g) the date the registration expires; 33 (h) any other information the Board considers appropriate. 34 Page 92

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Subdivision 2 Review of conditions and undertakings 1 125 Changing or removing conditions or undertaking on application by 2 registered health practitioner or student 3 (1) A registered health practitioner or student may apply to a National 4 Board that registered the practitioner or student-- 5 (a) for a registered health practitioner-- 6 (i) to change or remove a condition imposed on the 7 practitioner's registration or endorsement; or 8 (ii) to change or revoke an undertaking given by the 9 practitioner; or 10 (b) for a student-- 11 (i) to change or remove a condition imposed on the student's 12 registration; or 13 (ii) to change or revoke an undertaking given by the student to 14 the Board. 15 (2) However, the registered health practitioner or student may not make an 16 application-- 17 (a) during a review period applying to the condition or undertaking, 18 unless the practitioner or student reasonably believes there has 19 been a material change in the practitioner's or student's 20 circumstances; or 21 (b) for a condition imposed by an adjudication body for a 22 co-regulatory jurisdiction, unless the adjudication body decided, 23 when imposing the condition, that this Subdivision applied to the 24 condition. 25 (3) An application under subsection (1) must-- 26 (a) be in the form approved by the National Board; and 27 (b) be accompanied by any other information reasonably required by 28 the Board. 29 (4) For the purposes of deciding the application, the National Board may 30 exercise a power under section 80 as if the application were an 31 application for registration as a registered health practitioner. 32 (5) The National Board must decide to grant the application or refuse to 33 grant the application. 34 (6) As soon as practicable after making the decision under subsection (5), 35 the National Board must give the registered health practitioner or 36 student written notice of the Board's decision. 37 Page 93

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (7) If the National Board decides to refuse to grant the application, the 1 notice must state-- 2 (a) the decision made by the Board; and 3 (b) that the registered health practitioner or student may appeal 4 against the decision; and 5 (c) how an application for appeal may be made and the period within 6 which the application must be made. 7 126 Changing conditions on Board's initiative 8 (1) This section applies if a National Board reasonably believes it is 9 necessary to change a condition imposed on the registration of a 10 registered health practitioner or student registered by the Board. 11 (2) The National Board must give the registered health practitioner or 12 student a written notice stating-- 13 (a) that the Board proposes to change the condition; and 14 (b) how the Board proposes to change the condition; and 15 (c) the reason for the proposed change; and 16 (d) that the practitioner or student may, within 30 days after receipt 17 of the notice, make written or verbal submissions to the Board 18 about why the condition should not be changed. 19 (3) However, the condition may not be changed-- 20 (a) during a review period applying to the condition, unless the 21 National Board reasonably believes there has been a material 22 change in the registered health practitioner's or student's 23 circumstances; or 24 (b) if the condition was imposed by an adjudication body for a 25 co-regulatory jurisdiction, unless the adjudication body decided, 26 when imposing the condition, that this Subdivision applied to the 27 condition. 28 (4) The registered health practitioner or student may make written or verbal 29 submissions about the proposed change to the condition as stated in the 30 notice. 31 (5) The National Board must consider any submissions made under 32 subsection (4) and decide whether or not to change the condition. 33 (6) As soon as practicable after making its decision the National Board 34 must give written notice of the decision to the registered health 35 practitioner or student. 36 Page 94

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (7) If the National Board decides to change the condition, the notice must 1 state-- 2 (a) the decision made by the Board; and 3 (b) that the registered health practitioner or student may appeal 4 against the decision; and 5 (c) how an application for appeal may be made and the period within 6 which the application must be made. 7 127 Removal of condition or revocation of undertaking 8 (1) This section applies if a National Board reasonably believes-- 9 (a) that a condition imposed on the registration of a registered health 10 practitioner or student registered by the Board is no longer 11 necessary; or 12 (b) that an undertaking given to the Board by a health practitioner or 13 student registered by the Board is no longer necessary. 14 (2) The National Board may decide to remove the condition or revoke the 15 undertaking. 16 (3) However, the condition or undertaking may not be removed or 17 revoked-- 18 (a) during a review period applying to the condition or undertaking, 19 unless the National Board reasonably believes there has been a 20 material change in the registered health practitioner's or student's 21 circumstances; or 22 (b) for a condition imposed by an adjudication body for a 23 co-regulatory jurisdiction, unless the adjudication body decided, 24 when imposing the condition, that this Subdivision applied to the 25 condition. 26 (4) As soon as practicable after making the decision the National Board 27 must give notice of the decision to the registered health practitioner or 28 student. 29 (5) The decision takes effect on the date stated in the notice. 30 Subdivision 3 Obligations of registered health practitioners 31 and students 32 128 Continuing professional development 33 (1) A registered health practitioner must undertake the continuing 34 professional development required by an approved registration standard 35 for the health profession in which the practitioner is registered. 36 Page 95

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (2) A contravention of subsection (1) by a registered health practitioner 1 does not constitute an offence but may constitute behaviour for which 2 health, conduct or performance action may be taken. 3 (3) In this section-- 4 registered health practitioner does not include a registered health 5 practitioner who holds non-practising registration in the profession. 6 129 Professional indemnity insurance arrangements 7 (1) A registered health practitioner must not practise the health profession 8 in which the practitioner is registered unless appropriate professional 9 indemnity insurance arrangements are in force in relation to the 10 practitioner's practice of the profession. 11 (2) A National Board may, at any time by written notice, require a 12 registered health practitioner registered by the Board to give the Board 13 evidence of the appropriate professional indemnity insurance 14 arrangements that are in force in relation to the practitioner's practice of 15 the profession. 16 (3) A registered health practitioner must not, without reasonable excuse, 17 fail to comply with a written notice given to the practitioner under 18 subsection (2). 19 (4) A contravention of subsection (1) or (3) by a registered health 20 practitioner does not constitute an offence but may constitute behaviour 21 for which health, conduct or performance action may be taken. 22 (5) In this section-- 23 registered health practitioner does not include a registered health 24 practitioner who holds non-practising registration in the profession. 25 130 Registered health practitioner or student to give National Board notice 26 of certain events 27 (1) A registered health practitioner or student must, within 7 days after 28 becoming aware that a relevant event has occurred in relation to the 29 practitioner or student, give the National Board that registered the 30 practitioner or student written notice of the event. 31 (2) A contravention of subsection (1) by a registered health practitioner or 32 student does not constitute an offence but may constitute behaviour for 33 which health, conduct or performance action may be taken. 34 Page 96

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (3) In this section-- 1 relevant event means-- 2 (a) in relation to a registered health practitioner-- 3 (i) the practitioner is charged, whether in a participating 4 jurisdiction or elsewhere, with an offence punishable by 12 5 months imprisonment or more; or 6 (ii) the practitioner is convicted of or the subject of a finding 7 of guilt for an offence, whether in a participating 8 jurisdiction or elsewhere, punishable by imprisonment; or 9 (iii) appropriate professional indemnity insurance 10 arrangements are no longer in place in relation to the 11 practitioner's practice of the profession; or 12 (iv) the practitioner's right to practise at a hospital or another 13 facility at which health services are provided is withdrawn 14 or restricted because of the practitioner's conduct, 15 professional performance or health; or 16 (v) the practitioner's billing privileges are withdrawn or 17 restricted under the Medicare Australia Act 1973 of the 18 Commonwealth because of the practitioner's conduct, 19 professional performance or health; or 20 (vi) the practitioner's authority under a law of a State or 21 Territory to administer, obtain, possess, prescribe, sell, 22 supply or use a scheduled medicine or class of scheduled 23 medicines is cancelled or restricted; or 24 (vii) a complaint is made about the practitioner to an entity 25 referred to in section 219(1)(a) to (e); or 26 (viii) the practitioner's registration under the law of another 27 country that provides for the registration of health 28 practitioners is suspended or cancelled or made subject to 29 a condition or another restriction; or 30 (b) in relation to a student-- 31 (i) the student is charged with an offence punishable by 12 32 months imprisonment or more; or 33 (ii) the student is convicted of or the subject of a finding of 34 guilt for an offence punishable by imprisonment; or 35 (iii) the student's registration under the law of another country 36 that provides for the registration of students has been 37 suspended or cancelled. 38 Page 97

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 131 Change in principal place of practice, address or name 1 (1) A registered health practitioner must, within 30 days of any of the 2 following changes happening, give the National Board that registered 3 the practitioner written notice of the change and any evidence providing 4 proof of the change required by the Board-- 5 (a) a change in the practitioner's principal place of practice; 6 (b) a change in the address provided by the registered health 7 practitioner as the address the Board should use in corresponding 8 with the practitioner; 9 (c) a change in the practitioner's name. 10 (2) A contravention of subsection (1) by a registered health practitioner 11 does not constitute an offence but may constitute behaviour for which 12 health, conduct or performance action may be taken. 13 132 National Board may ask registered health practitioner for employer's 14 details 15 (1) A National Board may, at any time by written notice given to a health 16 practitioner registered by the Board, ask the practitioner to give the 17 Board the following information-- 18 (a) information about whether the practitioner is employed by 19 another entity; 20 (b) if the practitioner is employed by another entity-- 21 (i) the name of the practitioner's employer; and 22 (ii) the address and other contact details of the practitioner's 23 employer. 24 (2) The registered health practitioner must not, without reasonable excuse, 25 fail to comply with the notice. 26 (3) A contravention of subsection (2) by a registered health practitioner 27 does not constitute an offence but may constitute behaviour for which 28 health, conduct or performance action may be taken. 29 Subdivision 4 Advertising 30 133 Advertising 31 (1) A person must not advertise a regulated health service, or a business that 32 provides a regulated health service, in a way that-- 33 (a) is false, misleading or deceptive or is likely to be misleading or 34 deceptive; or 35 Page 98

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (b) offers a gift, discount or other inducement to attract a person to 1 use the service or the business, unless the advertisement also 2 states the terms and conditions of the offer; or 3 (c) uses testimonials or purported testimonials about the service or 4 business; or 5 (d) creates an unreasonable expectation of beneficial treatment; or 6 (e) directly or indirectly encourages the indiscriminate or 7 unnecessary use of regulated health services. 8 Maximum penalty-- 9 (a) in the case of an individual--$5,000; or 10 (b) in the case of a body corporate--$10,000. 11 (2) A person does not commit an offence against subsection (1) merely 12 because the person, as part of the person's business, prints or publishes 13 an advertisement for another person. 14 (3) In proceedings for an offence against this section, a court may have 15 regard to a guideline approved by a National Board about the 16 advertising of regulated health services. 17 (4) In this section-- 18 regulated health service means a service provided by, or usually 19 provided by, a health practitioner. 20 Subdivision 5 Board's powers to check identity and criminal 21 history 22 134 Evidence of identity 23 (1) A National Board may, at any time, require a registered health 24 practitioner to provide evidence of the practitioner's identity. 25 (2) A requirement under subsection (1) must be made by written notice 26 given to the registered health practitioner. 27 (3) The registered health practitioner must not, without reasonable excuse, 28 fail to comply with the notice. 29 (4) A contravention of subsection (3) by a registered health practitioner 30 does not constitute an offence but may constitute behaviour for which 31 health, conduct or performance action may be taken. 32 (5) If a registered health practitioner gives a National Board a document as 33 evidence of the practitioner's identity under this section, the Board may, 34 by written notice, ask the entity that issued the document-- 35 (a) to confirm the validity of the document; or 36 Page 99

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (b) to give the Board other information relevant to the practitioner's 1 identity. 2 (6) An entity given a notice under subsection (5) is authorised to provide 3 the information requested. 4 135 Criminal history check 5 (1) A National Board may, at any time, obtain a written report about a 6 registered health practitioner's criminal history from any of the 7 following-- 8 (a) CrimTrac; 9 (b) a police commissioner; 10 (c) an entity in a jurisdiction outside Australia that has access to 11 records about the criminal history of persons in that jurisdiction. 12 (2) Without limiting subsection (1), a report may be obtained under that 13 subsection-- 14 (a) to check a statement made by a registered health practitioner in 15 the practitioner's application for renewal of registration; or 16 (b) as part of an audit carried out by a National Board, to check 17 statements made by registered health practitioners. 18 (3) A criminal history law does not apply to a report under subsection (1). 19 Subdivision 6 General 20 136 Directing or inciting unprofessional conduct or professional misconduct 21 (1) A person must not direct or incite a registered health practitioner to do 22 anything, in the course of the practitioner's practice of the health 23 profession, that amounts to unprofessional conduct or professional 24 misconduct. 25 Maximum penalty-- 26 (a) in the case of an individual--$30,000; or 27 (b) in the case of a body corporate--$60,000. 28 (2) Subsection (1) does not apply to a person who is the owner or operator 29 of a public health facility. 30 137 Surrender of registration 31 (1) A registered health practitioner may, by written notice given to the 32 National Board that registered the practitioner, surrender the 33 practitioner's registration. 34 Page 100

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) The surrender of the registration takes effect on-- 1 (a) the day the National Board receives the notice under 2 subsection (1); or 3 (b) the later day stated in the notice. 4 Part 8 Health, performance and conduct 5 Division 1 Preliminary 6 138 Part applicable to persons formerly registered under this Law 7 (1) This section applies if a person was, but is no longer, registered in a 8 health profession under this Law. 9 (2) A notification may be made, and proceedings may be taken, under this 10 Part in relation to the person's behaviour while registered as if the 11 person were still registered under this Law by the National Board 12 established for the health profession. 13 (3) For the purposes of subsection (2), this Part (other than Divisions 2 14 and 6) applies, with any necessary changes, to the person as if a 15 reference to a registered health practitioner included that person. 16 139 Part applicable to persons formerly registered under corresponding 17 prior Act in certain circumstances 18 (1) This section applies if a person-- 19 (a) was registered in a health profession under a corresponding prior 20 Act; and 21 (b) is not, and has not been, registered in the health profession under 22 this Law. 23 (2) A notification may be made, and proceedings may be taken, under this 24 Part in relation to the person's behaviour while registered under the 25 corresponding prior Act as if the person were registered under this Law 26 by the National Board established for the health profession. 27 (3) However, subsection (2) applies only to the extent-- 28 (a) a notification about the person's behaviour could have been made 29 under the corresponding prior Act; and 30 (b) proceedings of that type could have been taken under the 31 corresponding prior Act. 32 (4) For the purposes of subsection (2), this Part (other than Divisions 2 33 and 7) applies, with any necessary changes, to the person as if a 34 reference to a registered health practitioner included that person. 35 Page 101

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law Division 2 Mandatory notifications 1 140 Definition of notifiable conduct 2 In this Division-- 3 notifiable conduct, in relation to a registered health practitioner, means 4 the practitioner has-- 5 (a) practised the practitioner's profession while intoxicated by 6 alcohol or drugs; or 7 (b) engaged in sexual misconduct in connection with the practice of 8 the practitioner's profession; or 9 (c) placed the public at risk of substantial harm in the practitioner's 10 practice of the profession because the practitioner has an 11 impairment; or 12 (d) placed the public at risk of harm because the practitioner has 13 practised the profession in a way that constitutes a significant 14 departure from accepted professional standards. 15 141 Mandatory notifications by health practitioners 16 (1) This section applies to a registered health practitioner (the first health 17 practitioner) who, in the course of practising the first health 18 practitioner's profession, forms a reasonable belief that-- 19 (a) another registered health practitioner (the second health 20 practitioner) has behaved in a way that constitutes notifiable 21 conduct; or 22 (b) a student has an impairment that, in the course of the student 23 undertaking clinical training, may place the public at substantial 24 risk of harm. 25 (2) The first health practitioner must, as soon as practicable after forming 26 the reasonable belief, notify the National Agency of the second health 27 practitioner's notifiable conduct or the student's impairment. 28 Note. See section 237 which provides protection from civil, criminal and 29 administrative liability for persons who, in good faith, make a notification under 30 this Law. Section 237(3) provides that the making of a notification does not 31 constitute a breach of professional etiquette or ethics or a departure from 32 accepted standards of professional conduct and nor is any liability for 33 defamation incurred. 34 (3) A contravention of subsection (2) by a registered health practitioner 35 does not constitute an offence but may constitute behaviour for which 36 action may be taken under this Part. 37 Page 102

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (4) For the purposes of subsection (1), the first health practitioner does not 1 form the reasonable belief in the course of practising the profession if-- 2 (a) the first health practitioner-- 3 (i) is employed or otherwise engaged by an insurer that 4 provides professional indemnity insurance that relates to 5 the second health practitioner or student; and 6 (ii) forms the reasonable belief the second health practitioner 7 has behaved in a way that constitutes notifiable conduct, or 8 the student has an impairment, as a result of a disclosure 9 made by a person to the first health practitioner in the 10 course of a legal proceeding or the provision of legal 11 advice arising from the insurance policy; or 12 (b) the first health practitioner forms the reasonable belief in the 13 course of providing advice in relation to the notifiable conduct or 14 impairment for the purposes of a legal proceeding or the 15 preparation of legal advice; or 16 (c) the first health practitioner is a legal practitioner and forms the 17 reasonable belief in the course of providing legal services to the 18 second health practitioner or student in relation to a legal 19 proceeding or the preparation of legal advice in which the 20 notifiable conduct or impairment is an issue; or 21 (d) the first health practitioner-- 22 (i) forms the reasonable belief in the course of exercising 23 functions as a member of a quality assurance committee, 24 council or other body approved or authorised under an Act 25 of a participating jurisdiction; and 26 (ii) is unable to disclose the information that forms the basis of 27 the reasonable belief because a provision of that Act 28 prohibits the disclosure of the information; or 29 (e) the first health practitioner knows, or reasonably believes, the 30 National Agency has been notified of the notifiable conduct or 31 impairment that forms the basis of the reasonable belief. 32 142 Mandatory notifications by employers 33 (1) If an employer of a registered health practitioner reasonably believes the 34 health practitioner has behaved in a way that constitutes notifiable 35 conduct, the employer must notify the National Agency of the notifiable 36 conduct. 37 Note. See section 237 which provides protection from civil, criminal and 38 administrative liability for persons who, in good faith, make a notification under 39 this Law. Section 237(3) provides that the making of a notification does not 40 constitute a breach of professional etiquette or ethics or a departure from 41 Page 103

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law accepted standards of professional conduct and nor is any liability for 1 defamation incurred. 2 (2) If the National Agency becomes aware that an employer of a registered 3 health practitioner has failed to notify the Agency of notifiable conduct 4 as required by subsection (1), the Agency must give a written report 5 about the failure to the responsible Minister for the participating 6 jurisdiction in which the notifiable conduct occurred. 7 (3) As soon as practicable after receiving a report under subsection (2), the 8 responsible Minister must report the employer's failure to notify the 9 Agency of the notifiable conduct to a health complaints entity, the 10 employer's licensing authority or another appropriate entity in that 11 participating jurisdiction. 12 (4) In this section-- 13 employer, of a registered health practitioner, means an entity that 14 employs the health practitioner under a contract of employment or a 15 contract for services. 16 licensing authority, of an employer, means an entity that under a law of 17 a participating jurisdiction is responsible for licensing, registering or 18 authorising the employer to conduct the employer's business. 19 143 Mandatory notifications by education providers 20 (1) An education provider must notify the National Agency if the provider 21 reasonably believes-- 22 (a) a student enrolled in a program of study provided by the provider 23 has an impairment that, in the course of the student undertaking 24 clinical training as part of the program of study, may place the 25 public at substantial risk of harm; or 26 (b) a student for whom the education provider has arranged clinical 27 training has an impairment that, in the course of the student 28 undertaking the clinical training, may place the public at 29 substantial risk of harm; 30 Note. See section 237 which provides protection from civil, criminal and 31 administrative liability for persons who make a notification under this Law. 32 Section 237(3) provides that the making of a notification does not constitute a 33 breach of professional etiquette or ethics or a departure from accepted 34 standards of professional conduct and nor is any liability for defamation 35 incurred. 36 (2) A contravention of subsection (1) does not constitute an offence. 37 (3) However, if an education provider does not comply with 38 subsection (1)-- 39 (a) the National Board that registered the student must publish 40 details of the failure on the Board's website; and 41 Page 104

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (b) the National Agency may, on the recommendation of the 1 National Board, include a statement about the failure in the 2 Agency's annual report. 3 Division 3 Voluntary notifications 4 144 Grounds for voluntary notification 5 (1) A voluntary notification about a registered health practitioner may be 6 made to the National Agency on any of the following grounds-- 7 (a) that the practitioner's professional conduct is, or may be, of a 8 lesser standard than that which might reasonably be expected of 9 the practitioner by the public or the practitioner's professional 10 peers; 11 (b) that the knowledge, skill or judgment possessed, or care 12 exercised by, the practitioner in the practice of the practitioner's 13 health profession is, or may be, below the standard reasonably 14 expected; 15 (c) that the practitioner is not, or may not be, a suitable person to hold 16 registration in the health profession, including, for example, that 17 the practitioner is not a fit and proper person to be registered in 18 the profession; 19 (d) that the practitioner has, or may have, an impairment; 20 (e) that the practitioner has, or may have, contravened this Law; 21 (f) that the practitioner has, or may have, contravened a condition of 22 the practitioner's registration or an undertaking given by the 23 practitioner to a National Board; 24 (g) that the practitioner's registration was, or may have been, 25 improperly obtained because the practitioner or someone else 26 gave the National Board information or a document that was false 27 or misleading in a material particular. 28 (2) A voluntary notification about a student may be made to the National 29 Agency on the grounds that-- 30 (a) the student has been charged with an offence, or has been 31 convicted or found guilty of an offence, that is punishable by 32 12 months imprisonment or more; or 33 (b) the student has, or may have, an impairment; or 34 (c) that the student has, or may have, contravened a condition of the 35 student's registration or an undertaking given by the student to a 36 National Board. 37 Page 105

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 145 Who may make voluntary notification 1 Any entity that believes that a ground on which a voluntary notification 2 may be made exists in relation to a registered health practitioner or a 3 student may notify the National Agency. 4 Note. See section 237 which provides protection from civil, criminal and 5 administrative liability for persons who, in good faith, make a notification under 6 this Law. 7 Division 4 Making a notification 8 146 How notification is made 9 (1) A notification may be made to the National Agency-- 10 (a) verbally, including by telephone; or 11 (b) in writing, including by email or other electronic means. 12 (2) A notification must include particulars of the basis on which it is made. 13 (3) If a notification is made verbally, the National Agency must make a 14 record of the notification. 15 147 National Agency to provide reasonable assistance to notifier 16 (1) The National Agency must, if asked by an entity, give the entity 17 reasonable assistance to make a notification about a registered health 18 practitioner or student. 19 (2) Without limiting subsection (1), the National Agency may assist an 20 entity to make a notification if-- 21 (a) the entity is not able to put the entity's notification in writing 22 without assistance; or 23 (b) the entity needs assistance to clarify the nature of the individual's 24 notification. 25 Division 5 Preliminary assessment 26 148 Referral of notification to National Board or co-regulatory authority 27 (1) Subject to subsections (2) and (3), the National Agency must, as soon 28 as practicable after receiving a notification about a registered health 29 practitioner or a student, refer the notification to the National Board that 30 registered the health practitioner or student. 31 (2) If the behaviour that is the basis for the ground for the notification 32 occurred, or is reasonably believed to have occurred, in a co-regulatory 33 jurisdiction, the National Agency-- 34 (a) must not deal with the notification; and 35 Page 106

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (b) must, as soon as practicable after receiving the notification, refer 1 the notification to the co-regulatory authority for the 2 co-regulatory jurisdiction. 3 (3) If the behaviour that is the basis for the ground for the notification 4 occurred, or is reasonably believed to have occurred, in more than one 5 jurisdiction and one of the jurisdictions is a co-regulatory jurisdiction, 6 the National Agency must-- 7 (a) if the registered health practitioner's principal place of practice is 8 in the co-regulatory jurisdiction, refer the notification under 9 subsection (2); or 10 (b) otherwise, refer the notification under subsection (1). 11 149 Preliminary assessment 12 (1) A National Board must, within 60 days after receipt of a notification, 13 conduct a preliminary assessment of the notification and decide-- 14 (a) whether or not the notification relates to a person who is a health 15 practitioner or a student registered by the Board; and 16 (b) whether or not the notification relates to a matter that is a ground 17 for notification; and 18 (c) if the notification is a notification referred to in paragraphs (a) 19 and (b), whether or not it is a notification that could also be made 20 to a health complaints entity. 21 (2) Without limiting subsection (1)(b), the National Board may decide the 22 notification relates to a matter that is a ground for notification under 23 section 144 on the basis of-- 24 (a) a single notification about a person; or 25 (b) a number of notifications about a person including-- 26 (i) a number of notifications that suggest a pattern of conduct; 27 and 28 (ii) notifications made to a health complaints entity. 29 (3) If the National Board decides the notification relates to a person who is 30 not registered by the Board but the Board reasonably suspects the 31 person is registered by another National Board, the Board must refer the 32 notification to that other Board. 33 150 Relationship with health complaints entity 34 (1) If the subject matter of a notification would also provide a ground for a 35 complaint to a health complaints entity under a law of a participating 36 Page 107

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law jurisdiction, the National Board that received the notification must, as 1 soon as practicable after its receipt-- 2 (a) notify the health complaints entity that the Board has received the 3 notification; and 4 (b) give to the health complaints entity-- 5 (i) a copy of the notification or, if the notification was not 6 made in writing, a copy of the National Agency's record of 7 the details of the notification; and 8 (ii) any other information the Board has that is relevant to the 9 notification. 10 (2) If a health complaints entity receives a complaint about a health 11 practitioner, the health complaints entity must, as soon as practicable 12 after its receipt-- 13 (a) notify the National Board established for the practitioner's health 14 profession that the health complaints entity has received the 15 complaint; and 16 (b) give to the National Board-- 17 (i) a copy of the complaint or, if the complaint was not made 18 in writing, a copy of the health complaints entity's record 19 of the details of the complaint; and 20 (ii) any other information the health complaints entity has that 21 is relevant to the complaint. 22 (3) The National Board and the health complaints entity must attempt to 23 reach agreement about how the notification or complaint is to be dealt 24 with, including-- 25 (a) whether the Board is to deal with the notification or complaint, or 26 part of the notification or complaint, or to decide to take no 27 further action in relation to it; and 28 (b) if the Board is to deal with the notification or complaint or part of 29 the notification or complaint, the action the Board is to take. 30 (4) If the National Board and the health complaints entity are not able to 31 reach agreement on how the notification or complaint, or part of the 32 notification or complaint, is to be dealt with, the most serious action 33 proposed by either must be taken. 34 (5) If an investigation, conciliation or other action taken by a health 35 complaints entity raises issues about the health, conduct or performance 36 of a registered health practitioner, the health complaints entity must 37 give the National Board that registered the practitioner written notice of 38 the issues. 39 Page 108

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (6) If a notification, or part of a notification, received by a National Board 1 is referred to a health complaints entity, the Board may decide to take 2 no further action in relation to the notification or the part of the 3 notification until the entity gives the Board written notice that the entity 4 has finished dealing with it. 5 (7) If a National Board or an adjudication body takes health, conduct or 6 performance action in relation to a registered health practitioner, the 7 Board that registered the practitioner must give written notice of the 8 action to the health complaints entity for the participating jurisdiction in 9 which the behaviour that provided the basis for the action occurred. 10 (8) A written notice under subsection (5) or (7) must include-- 11 (a) sufficient particulars to identify the registered health practitioner; 12 and 13 (b) details of-- 14 (i) the issues raised about the health, conduct or performance 15 of the registered health practitioner; or 16 (ii) the health, conduct or performance action taken in relation 17 to the registered health practitioner. 18 151 When National Board may decide to take no further action 19 (1) A National Board may decide to take no further action in relation to a 20 notification if-- 21 (a) the Board reasonably believes the notification is frivolous, 22 vexatious, misconceived or lacking in substance; or 23 (b) given the amount of time that has elapsed since the matter the 24 subject of the notification occurred, it is not practicable for the 25 Board to investigate or otherwise deal with the notification; or 26 (c) the person to whom the notification relates has not been, or is no 27 longer, registered by the Board and it is not in the public interest 28 for the Board to investigate or otherwise deal with the 29 notification; or 30 (d) the subject matter of the notification has already been dealt with 31 adequately by the Board; or 32 (e) the subject matter of the notification is being dealt with, or has 33 already been dealt with, adequately by another entity. 34 (2) A decision by a National Board to decide to take no further action in 35 relation to a notification does not prevent a National Board or 36 adjudication body taking the notification into consideration at a later 37 time as part of a pattern of conduct or practice by the health practitioner. 38 Page 109

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (3) If a National Board decides to take no further action in relation to a 1 notification it must give written notice of the decision to the notifier. 2 (4) A notice under subsection (3) must state-- 3 (a) that the National Board has decided to take no further action in 4 relation to the notification; and 5 (b) the reason the Board has decided to take no further action. 6 152 National Board to give notice of receipt of notification 7 (1) A National Board must, as soon as practicable after receiving a 8 notification about a registered health practitioner or student, give 9 written notice of the notification to the practitioner or student. 10 (2) The notice must advise the registered health practitioner or student of 11 the nature of the notification. 12 (3) Despite subsection (1), the National Board is not required to give the 13 registered health practitioner or student notice of the notification if the 14 Board reasonably believes doing so would-- 15 (a) prejudice an investigation of the notification; or 16 (b) place at risk a person's health or safety or place a person at risk 17 of intimidation or harassment. 18 Division 6 Other matters 19 153 National Board may deal with notifications about same person together 20 If the National Agency receives more than one notification about a 21 registered health practitioner or student, the National Board established 22 for the health profession in which the practitioner or student is 23 registered may deal with the notifications together. 24 154 National Boards may deal with notifications collaboratively 25 (1) This section applies if a notification received by a National Board 26 relates to-- 27 (a) a registered health practitioner who is registered in more than one 28 health profession; or 29 (b) more than one registered health practitioner and the practitioners 30 are registered in 2 or more different health professions; or 31 (c) a person who is registered as a student in more than one health 32 profession; or 33 (d) more than one student and the students are registered in 2 or more 34 different health professions. 35 Page 110

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) The National Board may deal with the notification in conjunction with 1 one or more other National Boards with whom the registered health 2 practitioner or practitioners, or student or students, are registered. 3 Division 7 Immediate action 4 155 Definition 5 In this Division-- 6 immediate action, in relation to a registered health practitioner or 7 student, means-- 8 (a) the suspension, or imposition of a condition on, the health 9 practitioner's or student's registration; or 10 (b) accepting an undertaking from the health practitioner or student; 11 or 12 (c) accepting the surrender of the health practitioner's or student's 13 registration. 14 156 Power to take immediate action 15 (1) A National Board may take immediate action in relation to a registered 16 health practitioner or student registered by the Board if-- 17 (a) the National Board reasonably believes that-- 18 (i) because of the registered health practitioner's conduct, 19 performance or health, the practitioner poses a serious risk 20 to persons; and 21 (ii) it is necessary to take immediate action to protect public 22 health or safety; or 23 (b) the National Board reasonably believes that-- 24 (i) the student poses a serious risk to persons because the 25 student-- 26 (A) has been charged with an offence, or has been 27 convicted or found guilty of an offence, that is 28 punishable by 12 months imprisonment or more; or 29 (B) has, or may have, an impairment; or 30 (C) has, or may have, contravened a condition of the 31 student's registration or an undertaking given by the 32 student to a National Board; and 33 (ii) it is necessary to take immediate action to protect public 34 health or safety; or 35 Page 111

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (c) the registered health practitioner's registration was improperly 1 obtained because the practitioner or someone else gave the 2 National Board information or a document that was false or 3 misleading in a material particular; or 4 (d) the registered health practitioner's or student's registration has 5 been cancelled or suspended under the law of a jurisdiction, 6 whether in Australia or elsewhere, that is not a participating 7 jurisdiction. 8 (2) However, the National Board may take immediate action that consists 9 of suspending, or imposing a condition on, the health practitioner's or 10 student's registration only if the Board has complied with section 157. 11 157 Show cause process 12 (1) If a National Board is proposing to take immediate action that consists 13 of suspending, or imposing a condition on, a registered health 14 practitioner's or student's registration under section 156, the Board 15 must-- 16 (a) give the practitioner or student notice of the proposed immediate 17 action; and 18 (b) invite the practitioner or student to make a submission to the 19 Board, within the time stated in the notice about the proposed 20 immediate action. 21 (2) A notice given to a registered health practitioner or student under 22 subsection (1), and any submissions made by the practitioner or student 23 in accordance with the notice, may be written or verbal. 24 (3) The National Board must have regard to any submissions made by the 25 registered health practitioner or student in accordance with this section 26 in deciding whether to take immediate action in relation to the 27 practitioner or student. 28 158 Notice to be given to registered health practitioner or student about 29 immediate action 30 (1) Immediately after deciding to take immediate action in relation to a 31 registered health practitioner or student, the National Board must-- 32 (a) give written notice of the Board's decision to the health 33 practitioner or student; and 34 (b) take the further action under this Part the Board considers 35 appropriate, including, for example, investigating the practitioner 36 or student or requiring the practitioner or student to undergo a 37 health or performance assessment. 38 Page 112

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) The notice must state-- 1 (a) the immediate action the National Board has decided to take; and 2 (b) the reasons for the decision to take the immediate action; and 3 (c) the further action the National Board proposes to take under this 4 Part in relation to the health practitioner or student; and 5 (d) that the registered health practitioner or student may appeal 6 against the decision to take the immediate action if the action is 7 to suspend, or impose a condition on, the practitioner's or 8 student's registration; and 9 (e) how an application for appeal may be made and the period within 10 which the application must be made. 11 159 Period of immediate action 12 (1) The decision by the National Board to take immediate action in relation 13 to the registered health practitioner or student takes effect on-- 14 (a) the day the notice is given to the practitioner or student; or 15 (b) the later day stated in the notice. 16 (2) The decision continues to have effect until the earlier of the following 17 occurs-- 18 (a) the decision is set aside on appeal; 19 (b) for the suspension of, or imposition of conditions on, the 20 registered health practitioner's or student's registration, the 21 suspension is revoked, or the conditions are removed, by the 22 National Board; or 23 (c) for an undertaking, the National Board and the registered health 24 practitioner or student agree to end the undertaking. 25 Division 8 Investigations 26 Subdivision 1 Preliminary 27 160 When investigation may be conducted 28 (1) A National Board may investigate a registered health practitioner or 29 student registered by the Board if it decides it is necessary or 30 appropriate-- 31 (a) because the Board has received a notification about the 32 practitioner or student; or 33 (b) because the Board for any other reason believes-- 34 (i) the practitioner or student has or may have an impairment; 35 or 36 Page 113

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (ii) for a practitioner-- 1 (A) the way the practitioner practises the profession is or 2 may be unsatisfactory; or 3 (B) the practitioner's conduct is or may be 4 unsatisfactory; or 5 (c) to ensure the practitioner or student-- 6 (i) is complying with conditions imposed on the practitioner's 7 or student's registration; or 8 (ii) an undertaking given by the practitioner or student to the 9 Board. 10 (2) If a National Board decides to investigate a registered health 11 practitioner or student it must direct an appropriate investigator to 12 conduct the investigation. 13 161 Registered health practitioner or student to be given notice of 14 investigation 15 (1) A National Board that decides to investigate a registered health 16 practitioner or student must, within as soon as practicable after making 17 the decision, give the practitioner or student written notice about the 18 investigation. 19 (2) The notice must advise the registered health practitioner or student of 20 the nature of the matter being investigated. 21 (3) Also, the National Board must, at not less than 3 monthly intervals, give 22 the written notice of the progress of the investigation to-- 23 (a) the registered health practitioner or student; and 24 (b) if the investigation relates to a notification made about the 25 registered health practitioner or student, the notifier. 26 (4) However, the National Board need not give the registered health 27 practitioner or student a notice under subsection (1) or (3) if the Board 28 reasonably believes giving the notice may-- 29 (a) seriously prejudice the investigation; or 30 (b) place at risk a person's health or safety; or 31 (c) place a person at risk of harassment or intimidation. 32 162 Investigation to be conducted in timely way 33 The National Board must ensure an investigator it directs to conduct an 34 investigation conducts the investigation as quickly as practicable, 35 having regard to the nature of the matter to be investigated. 36 Page 114

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Subdivision 2 Investigators 1 163 Appointment of investigators 2 (1) A National Board may appoint the following persons as investigators-- 3 (a) members of the National Agency's staff; 4 (b) contractors engaged by the National Agency. 5 (2) An investigator holds office on the conditions stated in the instrument 6 of appointment. 7 (3) If an investigator's appointment provides for a term of appointment, the 8 investigator ceases holding office at the end of the term. 9 (4) An investigator may resign by signed notice of resignation given to the 10 National Board which appointed the investigator. 11 (5) Schedule 5 sets out provisions relating to the powers of an investigator. 12 164 Identity card 13 (1) A National Board must give an identity card to each investigator it 14 appoints. 15 (2) The identity card must-- 16 (a) contain a recent photograph of the investigator; and 17 (b) be signed by the investigator; and 18 (c) identify the person as an investigator appointed by the National 19 Board; and 20 (d) include an expiry date. 21 (3) This section does not prevent the issue of a single identity card to a 22 person-- 23 (a) if the person is appointed as an investigator for this Law by more 24 than one National Board; or 25 (b) for this Law and other Acts. 26 (4) A person who ceases to be an investigator must give the person's 27 identity card to the National Board that appointed the person within 7 28 days after the person ceases to be an investigator, unless the person has 29 a reasonable excuse. 30 165 Display of identity card 31 (1) An investigator may exercise a power in relation to someone else (the 32 other person) only if the investigator-- 33 (a) first produces the investigator's identity card for the other 34 person's inspection; or 35 Page 115

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (b) has the identity card displayed so it is clearly visible to the other 1 person. 2 (2) However, if for any reason it is not practicable to comply with 3 subsection (1) before exercising the power, the investigator must 4 produce the identity card for the other person's inspection at the first 5 reasonable opportunity. 6 Subdivision 3 Procedure after investigation 7 166 Investigator's report about investigation 8 (1) As soon as practicable after completing an investigation under this 9 Division, an investigator must give a written report about the 10 investigation to the National Board that directed the investigator to 11 carry out the investigation. 12 (2) The report must include-- 13 (a) the investigator's findings about the investigation; and 14 (b) the investigator's recommendations about any action to be taken 15 in relation to the health practitioner or student the subject of the 16 investigation. 17 167 Decision by National Board 18 After considering the investigator's report, the National Board must 19 decide-- 20 (a) to take no further action in relation to the matter; or 21 (b) to do either or both of the following-- 22 (i) take the action the Board considers necessary or 23 appropriate under another Division; 24 (ii) refer the matter to another entity, including, for example, a 25 health complaints entity, for investigation or other action. 26 Division 9 Health and performance assessments 27 168 Definition 28 In this Division-- 29 assessment means-- 30 (a) a health assessment; or 31 (b) a performance assessment. 32 Page 116

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 169 Requirement for health assessment 1 A National Board may require a registered health practitioner or student 2 to undergo a health assessment if the Board reasonably believes, 3 because of a notification or for any other reason, that the practitioner or 4 student has, or may have, an impairment. 5 170 Requirement for performance assessment 6 A National Board may require a registered health practitioner to 7 undergo a performance assessment if the Board reasonably believes, 8 because of a notification or for any other reason, that the way the 9 practitioner practises the profession is or may be unsatisfactory. 10 171 Appointment of assessor to carry out assessment 11 (1) If the National Board requires a registered health practitioner or student 12 to undergo an assessment, the National Agency must appoint an 13 assessor chosen by the Board to carry out the assessment. 14 (2) The assessor must be-- 15 (a) for a health assessment, a medical practitioner or psychologist 16 who is not a member of the National Board; or 17 (b) for a performance assessment, a registered health practitioner 18 who is a member of the health profession for which the National 19 Board is established but is not a member of the Board. 20 (3) The assessor may ask another health practitioner to assist the assessor 21 in carrying out the assessment of the registered health practitioner or 22 student. 23 (4) The assessor's fee for carrying out the assessment is to be paid out of 24 the National Board's budget. 25 172 Notice to be given to registered health practitioner or student about 26 assessment 27 (1) A requirement by a National Board for a registered health practitioner 28 or student to undergo an assessment must be made by written notice 29 given to the practitioner or student. 30 (2) The written notice must state-- 31 (a) that the registered health practitioner or student is required to 32 undergo a health assessment or performance assessment; and 33 (b) the nature of the assessment to be carried out; and 34 (c) the name and qualifications of the registered health practitioner 35 who is to carry out the assessment; and 36 Page 117

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (d) that if the registered health practitioner or student does not 1 undergo the assessment the National Board may continue to take 2 proceedings in relation to the practitioner or student under this 3 Part. 4 173 Assessor may require information or attendance 5 For the purposes of conducting an assessment of a registered health 6 practitioner or student, an assessor may, by written notice given to the 7 practitioner or student, require the practitioner or student to-- 8 (a) give stated information to the assessor within a stated reasonable 9 time and in a stated reasonable way; or 10 (b) attend before the assessor at a stated time and a stated place to 11 undergo the assessment. 12 Example of stated place. the registered health practitioner's principal place of practice 13 174 Inspection of documents 14 (1) If a document is produced to an assessor, the assessor may-- 15 (a) inspect the document; and 16 (b) make a copy of, or take an extract from, the document; and 17 (c) keep the document while it is necessary for the assessment. 18 (2) If the assessor keeps the document, the assessor must permit a person 19 otherwise entitled to possession of the document to inspect, make a 20 copy of, or take an extract from, the document at the reasonable time 21 and place decided by the assessor. 22 175 Report from assessor 23 The assessor must, as soon as practicable after carrying out the 24 assessment, give to the National Board a report about the assessment. 25 176 Copy of report to be given to health practitioner or student 26 (1) The National Board must, as soon as practicable after receiving the 27 assessor's report, give a copy of the report to-- 28 (a) the registered health practitioner or student to whom it relates; or 29 (b) if the report contains information the Board considers may, if 30 disclosed to the practitioner or student, be prejudicial to the 31 practitioner's or student's physical or mental health or wellbeing, 32 to a medical practitioner or psychologist nominated by the 33 practitioner or student. 34 Page 118

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) If a medical practitioner or psychologist is given a copy of a report about 1 a registered health practitioner or student under subsection (1)(b), the 2 medical practitioner or psychologist must give a copy of the report to 3 the practitioner or student as soon as it will no longer be prejudicial to 4 the practitioner's or student's health or wellbeing. 5 (3) After the registered health practitioner or student has been given a copy 6 of the report under subsection (1)(a) or (2), a person nominated by the 7 Board must-- 8 (a) discuss the report with the practitioner or student; and 9 (b) if the report makes an adverse finding about the practitioner's 10 practice of the profession or states that the assessor finds the 11 practitioner has an impairment, discuss with the practitioner 12 ways of dealing with the finding, including, for a practitioner, 13 whether the practitioner is prepared to alter the way the 14 practitioner practises the health profession. 15 177 Decision by National Board 16 After considering the assessor's report and the discussions held with the 17 registered health practitioner or student under section 176(3), the 18 National Board may decide to-- 19 (a) take the action the Board considers necessary or appropriate 20 under another Division; or 21 (b) refer the matter to another entity, including, for example, a health 22 complaints entity, for investigation or other action; or 23 (c) take no further action in relation to the matter. 24 Division 10 Action by National Board 25 178 National Board may take action 26 (1) This section applies if-- 27 (a) a National Board reasonably believes, because of a notification or 28 for any other reason-- 29 (i) the way a registered health practitioner registered by the 30 Board practises the health profession, or the practitioner's 31 professional conduct, is or may be unsatisfactory; or 32 (ii) a registered health practitioner or student registered by the 33 Board has or may have an impairment; or 34 (iii) a student has been charged with an offence, or has been 35 convicted or found guilty of an offence, that is punishable 36 by 12 months imprisonment or more; or 37 Page 119

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (iv) a student has or may have contravened a condition of the 1 student's registration or an undertaking given by the 2 student to a National Board; and 3 (b) the matter is not required to be referred to a responsible tribunal 4 under section 193; and 5 (c) the Board decides it is not necessary or appropriate to refer the 6 matter to a panel. 7 (2) The National Board may decide to take one or more of the following 8 actions (relevant action) in relation to the registered health practitioner 9 or student-- 10 (a) caution the registered health practitioner or student; 11 (b) accept an undertaking from the registered health practitioner or 12 student; 13 (c) impose conditions on the practitioner's or student's registration, 14 including, for example, in relation to a practitioner-- 15 (i) a condition requiring the practitioner to complete specified 16 further education or training within a specified period; or 17 (ii) a condition requiring the practitioner to undertake a 18 specified period of supervised practice; or 19 (iii) a condition requiring the practitioner to do, or refrain from 20 doing, something in connection with the practitioner's 21 practice; or 22 (iv) a condition requiring the practitioner to manage the 23 practitioner's practice in a specified way; or 24 (v) a condition requiring the practitioner to report to a 25 specified person at specified times about the practitioner's 26 practice; or 27 (vi) a condition requiring the practitioner not to employ, 28 engage or recommend a specified person, or class of 29 persons; 30 (d) refer the matter to another entity, including, for example, a health 31 complaints entity, for investigation or other action. 32 (3) If the National Board decides to impose a condition on the registered 33 health practitioner's or student's registration, the Board must also 34 decide a review period for the condition. 35 Page 120

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 179 Show cause process 1 (1) If a National Board is proposing to take relevant action in relation to a 2 registered health practitioner or student, the Board must-- 3 (a) give the practitioner or student written notice of the proposed 4 relevant action; and 5 (b) invite the practitioner or student to make a written or verbal 6 submission to the Board, within the reasonable time stated in the 7 notice, about the proposed relevant action. 8 (2) After considering any submissions made by the registered health 9 practitioner or student in accordance with this section, the National 10 Board must decide to-- 11 (a) take no action in relation to the matter; or 12 (b) do either or both of the following-- 13 (i) take the proposed relevant action or other relevant action; 14 (ii) refer the matter to another entity, including, for example, a 15 health complaints entity, for investigation or other action. 16 (3) This section does not apply if-- 17 (a) a National Board is proposing to take relevant action in relation 18 to a registered health practitioner or student; and 19 (b) the National Board has, in relation to the matter that forms the 20 basis for the relevant action-- 21 (i) investigated the registered health practitioner or student 22 under Division 8; or 23 (ii) conducted a health assessment or performance assessment 24 of the registered health practitioner or student under 25 Division 9. 26 180 Notice to be given to health practitioner or student and notifier 27 (1) As soon as practicable after making a decision under section 179(2), the 28 National Board must give written notice of the decision to-- 29 (a) the registered health practitioner or student; and 30 (b) if the decision was the result of a notification, the notifier. 31 (2) The notice given to the notifier must include information about the 32 decision made by the Board only to the extent the information is 33 available on the National Board's register. 34 Page 121

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law Division 11 Panels 1 181 Establishment of health panel 2 (1) A National Board may establish a health panel if-- 3 (a) the Board reasonably believes, because of a notification or for 4 any other reason, that a registered health practitioner or student 5 has or may have an impairment; and 6 (b) the Board decides it is necessary or appropriate for the matter to 7 be referred to a panel. 8 (2) A health panel must consist of the following members chosen from a list 9 referred to in section 183-- 10 (a) at least one member who is a registered health practitioner in the 11 health profession for which the Board is established; 12 (b) at least one member who is a medical practitioner with expertise 13 relevant to the matter the subject of the hearing; 14 (c) at least one member who is not, and has not been, a registered 15 health practitioner in the health profession for which the Board 16 has been established. 17 (3) In choosing members of the panel, the National Board must, if possible, 18 choose a member from the jurisdiction in which the matter the subject 19 of the hearing occurred. 20 (4) No more than half of the members of the panel may be registered health 21 practitioners in the health profession for which the Board is established. 22 (5) However, if the registered health practitioner the subject of the hearing 23 is a medical practitioner, a member of the panel referred to in subsection 24 (2)(b) is not to be considered to be registered in the health profession for 25 which the Board is established for the purposes of subsection (4). 26 (6) A person cannot be appointed to the panel if the person has been 27 involved in any proceedings relating to the matter the subject of the 28 hearing by the panel. 29 182 Establishment of performance and professional standards panel 30 (1) A National Board may establish a performance and professional 31 standards panel if-- 32 (a) the Board reasonably believes, because of a notification or for 33 any other reason, that-- 34 (i) the way a registered health practitioner practises the health 35 profession is or may be unsatisfactory; or 36 (ii) the registered health practitioner's professional conduct is 37 or may be unsatisfactory; and 38 Page 122

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (b) the Board decides it is necessary or appropriate for the matter to 1 be referred to a panel. 2 (2) A performance and professional standards panel must consist of at least 3 3 members. 4 (3) In choosing members of the panel, the National Board must, if possible, 5 choose a member from the jurisdiction in which the matter the subject 6 of the hearing occurred. 7 (4) At least half, but no more than two-thirds, of the members of the panel 8 must be persons who are registered health practitioners in the health 9 profession for which the Board is established, and chosen from a list 10 approved under section 183. 11 (5) At least one member must be a person who represents the community 12 and chosen from a list approved under section 183. 13 (6) A person may not be appointed to the panel if the person has been 14 involved in any proceedings relating to the matter the subject of the 15 hearing by the panel. 16 183 List of approved persons for appointment to panels 17 (1) A National Board may appoint individuals to a list of persons approved 18 to be appointed as members of panels. 19 (2) To the extent practicable, individuals appointed under subsection (1) 20 should not-- 21 (a) for registered health practitioners, be individuals whose principal 22 place of practice is in a co-regulatory jurisdiction; or 23 (b) otherwise, be individuals who live in a co-regulatory jurisdiction. 24 184 Notice to be given to registered health practitioner or student 25 (1) A panel must give notice of its hearing of a matter to the registered 26 health practitioner or student the subject of the hearing. 27 (2) The notice must state-- 28 (a) the day, time and place at which the hearing is to be held; and 29 (b) the nature of the hearing and the matters to be considered at the 30 hearing; and 31 (c) that the registered health practitioner or student is required to 32 attend the hearing; and 33 (d) that the registered health practitioner may be accompanied at the 34 hearing by an Australian legal practitioner or other person; and 35 Page 123

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (e) that if the registered health practitioner or student fails to attend 1 the hearing the hearing may continue, and the panel may make a 2 decision, in the practitioner's or student's absence; and 3 (f) the types of decision the panel may make at the end of the 4 hearing. 5 185 Procedure of panel 6 (1) Subject to this Division, a panel may decide its own procedures. 7 (2) A panel is required to observe the principles of natural justice but is not 8 bound by the rules of evidence. 9 (3) A panel may have regard to-- 10 (a) a report prepared by an assessor about the registered health 11 practitioner or student; and 12 (b) any other information the panel considers relevant to the hearing 13 of the matter. 14 186 Legal representation 15 (1) At a hearing of a panel, the registered health practitioner or student the 16 subject of the hearing may be accompanied by an Australian legal 17 practitioner or another person. 18 (2) An Australian legal practitioner or other person accompanying the 19 registered health practitioner or student may appear on behalf of the 20 practitioner or student only with the leave of the panel. 21 (3) The panel may grant leave for an Australian legal practitioner or other 22 person to appear on behalf of the registered health practitioner or 23 student only if the panel considers it appropriate in the particular 24 circumstances of the hearing. 25 187 Submission by notifier 26 If a matter the subject of a hearing before a panel relates to a 27 notification, the notifier may, with the leave of the panel, make a 28 submission to the panel about the matter. 29 188 Panel may proceed in absence of registered health practitioner or 30 student 31 At a hearing, a panel may proceed in the absence of the registered health 32 practitioner or student the subject of the proceedings if the panel 33 reasonably believes the practitioner or student has been given notice of 34 the hearing. 35 Page 124

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 189 Hearing not open to the public 1 A hearing before a panel is not open to the public. 2 190 Referral to responsible tribunal 3 A panel must stop hearing a matter and require the National Board that 4 established the panel to refer the matter to a responsible tribunal under 5 section 193 if, at any time-- 6 (a) the practitioner or student the subject of the hearing asks the 7 panel for the matter to be referred to a responsible tribunal under 8 section 193; or 9 (b) if the subject of the hearing is a registered health practitioner-- 10 (i) the panel reasonably believes the evidence demonstrates 11 the practitioner may have behaved in a way that constitutes 12 professional misconduct; or 13 (ii) the panel reasonably believes the evidence demonstrates 14 the practitioner's registration may have been improperly 15 obtained because the practitioner or someone else gave the 16 Board information or a document that was false or 17 misleading in a material particular. 18 191 Decision of panel 19 (1) After hearing a matter about a registered health practitioner, a panel 20 may decide-- 21 (a) the practitioner has no case to answer and no further action is to 22 be taken in relation to the matter; or 23 (b) one or more of the following-- 24 (i) the practitioner has behaved in a way that constitutes 25 unsatisfactory professional performance; 26 (ii) the practitioner has behaved in a way that constitutes 27 unprofessional conduct; 28 (iii) the practitioner has an impairment; 29 (iv) the matter must be referred to a responsible tribunal under 30 section 193; 31 (v) the matter must be referred to another entity, including, for 32 example, a health complaints entity, for investigation or 33 other action. 34 (2) After hearing a matter about a student, a health panel may decide-- 35 (a) the student has an impairment; or 36 Page 125

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (b) the matter must be referred to another entity, including, for 1 example, a health complaints entity, for investigation or other 2 action; or 3 (c) the student has no case to answer and no further action is to be 4 taken in relation to the matter. 5 (3) If a panel decides a registered health practitioner or student has an 6 impairment, or that a practitioner has behaved in a way that constitutes 7 unsatisfactory professional performance or unprofessional conduct, the 8 panel may decide to do one or more of the following-- 9 (a) impose conditions on the practitioner's or student's registration, 10 including, for example, in relation to a practitioner-- 11 (i) a condition requiring the practitioner to complete specified 12 further education or training within a specified period; or 13 (ii) a condition requiring the practitioner to undertake a 14 specified period of supervised practice; or 15 (iii) a condition requiring the practitioner to do, or refrain from 16 doing, something in connection with the practitioner's 17 practice; or 18 (iv) a condition requiring the practitioner to manage the 19 practitioner's practice in a specified way; or 20 (v) a condition requiring the practitioner to report to a 21 specified person at specified times about the practitioner's 22 practice; or 23 (vi) a condition requiring the practitioner not to employ, 24 engage or recommend a specified person, or class of 25 persons; 26 (b) for a health panel, suspend the practitioner's or student's 27 registration; 28 (c) for a performance and professional standards panel, caution or 29 reprimand the practitioner. 30 (4) If a panel decides to impose a condition on a registered health 31 practitioner's or student's registration, the panel must also decide a 32 review period for the condition. 33 (5) A decision by a panel that a registered health practitioner has no case to 34 answer in relation to a matter does not prevent a National Board or 35 adjudication body taking the matter into consideration at a later time as 36 part of a pattern of conduct or practice by the health practitioner. 37 Page 126

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 192 Notice to be given about panel's decision 1 (1) As soon as practicable after making a decision under section 191, a 2 panel must give notice of its decision to the National Board that 3 established it. 4 (2) The National Board must, within 30 days after the panel makes its 5 decision, give written notice of the decision to-- 6 (a) the registered health practitioner or student the subject of the 7 hearing; and 8 (b) if the hearing related to a notification, the notifier. 9 (3) The notice given to the registered health practitioner or student must 10 state-- 11 (a) the decision made by the panel; and 12 (b) the reasons for the decision; and 13 (c) that the registered health practitioner or student may appeal 14 against the decision; and 15 (d) how an application for appeal may be made and the period within 16 which the application must be made. 17 (4) The notice to the notifier must include information about the decision 18 made by the panel but only to the extent the information is available on 19 the National Board's register. 20 Division 12 Referring matter to responsible tribunals 21 193 Matters to be referred to responsible tribunal 22 (1) A National Board must refer a matter about a registered health 23 practitioner or student to a responsible tribunal if-- 24 (a) for a registered health practitioner, the Board reasonably 25 believes, based on a notification or for any other reason-- 26 (i) the practitioner has behaved in a way that constitutes 27 professional misconduct; or 28 (ii) the practitioner's registration was improperly obtained 29 because the practitioner or someone else gave the Board 30 information or a document that was false or misleading in 31 a material particular; or 32 (b) for a registered health practitioner or student, a panel established 33 by the Board requires the Board to refer the matter to a 34 responsible tribunal. 35 Page 127

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (2) The National Board must-- 1 (a) refer the matter to-- 2 (i) the responsible tribunal for the participating jurisdiction in 3 which the behaviour the subject of the matter occurred; or 4 (ii) if the behaviour occurred in more than one jurisdiction, the 5 responsible tribunal for the participating jurisdiction in 6 which the practitioner's principal place of practice is 7 located; and 8 (b) give written notice of the referral to the registered health 9 practitioner or student to whom the matter relates. 10 194 Parties to the proceedings 11 The parties to proceedings relating to a matter being heard by a 12 responsible tribunal are-- 13 (a) the registered health practitioner or student who is the subject of 14 the proceedings; and 15 (b) the National Board that referred the matter to the tribunal. 16 195 Costs 17 The responsible tribunal may make any order about costs it considers 18 appropriate for the proceedings. 19 196 Decision by responsible tribunal about registered health practitioner 20 (1) After hearing a matter about a registered health practitioner, a 21 responsible tribunal may decide-- 22 (a) the practitioner has no case to answer and no further action is to 23 be taken in relation to the matter; or 24 (b) one or more of the following-- 25 (i) the practitioner has behaved in a way that constitutes 26 unsatisfactory professional performance; 27 (ii) the practitioner has behaved in a way that constitutes 28 unprofessional conduct; 29 (iii) the practitioner has behaved in a way that constitutes 30 professional misconduct; 31 (iv) the practitioner has an impairment; 32 (v) the practitioner's registration was improperly obtained 33 because the practitioner or someone else gave the National 34 Board that registered the practitioner information or a 35 document that was false or misleading in a material 36 particular; or 37 Page 128

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) If a responsible tribunal makes a decision referred to in subsection 1 (1)(b), the tribunal may decide to do one or more of the following-- 2 (a) caution or reprimand the practitioner; 3 (b) impose a condition on the practitioner's registration, including, 4 for example-- 5 (i) a condition requiring the practitioner to complete specified 6 further education or training, or to undergo counselling, 7 within a specified period; or 8 (ii) a condition requiring the practitioner to undertake a 9 specified period of supervised practice; or 10 (iii) a condition requiring the practitioner to do, or refrain from 11 doing, something in connection with the practitioner's 12 practice; or 13 (iv) a condition requiring the practitioner to manage the 14 practitioner's practice in a specified way; or 15 (v) a condition requiring the practitioner to report to a 16 specified person at specified times about the practitioner's 17 practice; or 18 (vi) a condition requiring the practitioner not to employ, 19 engage or recommend a specified person, or class of 20 persons, 21 (c) require the practitioner to pay a fine of not more than $30,000 to 22 the National Board that registers the practitioner; 23 (d) suspend the practitioner's registration for a specified period; 24 (e) cancel the practitioner's registration. 25 (3) If the responsible tribunal decides to impose a condition on the 26 practitioner's registration, the tribunal must also decide a review period 27 for the condition. 28 (4) If the tribunal decides to cancel a person's registration under this Law 29 or the person does not hold registration under this Law, the tribunal may 30 also decide to-- 31 (a) disqualify the person from applying for registration as a 32 registered health practitioner for a specified period; or 33 (b) prohibit the person from using a specified title or providing a 34 specified health service. 35 197 Decision by responsible tribunal about student 36 (1) After hearing a matter about a student, a responsible tribunal may 37 decide-- 38 (a) the student has an impairment; or 39 Page 129

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (b) the student has no case to answer and no further action is to be 1 taken in relation to the matter. 2 (2) If the responsible tribunal decides the student has an impairment, the 3 tribunal may decide-- 4 (a) impose a condition on the student's registration; or 5 (b) suspend the student's registration. 6 198 Relationship with Act establishing responsible tribunal 7 This Division applies despite any provision to the contrary of the Act 8 that establishes the responsible tribunal but does not otherwise limit that 9 Act. 10 Division 13 Appeals 11 199 Appellable decisions 12 (1) A person who is the subject of any of the following decisions (an 13 appellable decision) may appeal against the decision to the appropriate 14 responsible tribunal for the appellable decision-- 15 (a) a decision by a National Board to refuse to register the person; 16 (b) a decision by a National Board to refuse to endorse the person's 17 registration; 18 (c) a decision by a National Board to refuse to renew the person's 19 registration; 20 (d) a decision by a National Board to refuse to renew the 21 endorsement of the person's registration; 22 (e) a decision by a National Board to impose or change a condition 23 on a person's registration or the endorsement of the person's 24 registration, other than-- 25 (i) a condition relating to the person's qualification for 26 general registration in the health profession; and 27 (ii) a condition imposed by section 112(3)(a); 28 (f) a decision by a National Board to refuse to change or remove a 29 condition imposed on the person's registration or the 30 endorsement of the person's registration; 31 (g) a decision by a National Board to refuse to change or revoke an 32 undertaking given by the person to the Board; 33 (h) a decision by a National Board to suspend the person's 34 registration; 35 (i) a decision by a panel to impose a condition on the person's 36 registration; 37 Page 130

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (j) a decision by a health panel to suspend the person's registration; 1 (k) a decision by a performance and professional standards panel to 2 reprimand the person. 3 (2) For the purposes of subsection (1), the appropriate responsible tribunal 4 for an appellable decision is-- 5 (a) for a decision to take health, conduct or performance action in 6 relation to a registered health practitioner or student-- 7 (i) the responsible tribunal for the participating jurisdiction in 8 which the behaviour the subject of the decision occurred; 9 or 10 (ii) if the behaviour the subject of the decision occurred in 11 more than one jurisdiction, the responsible tribunal for the 12 participating jurisdiction in which the practitioner's 13 principal place of practice is located; or 14 (b) for another decision in relation to a registered health practitioner, 15 the responsible tribunal for the participating jurisdiction in which 16 the practitioner's principal place of practice is located; or 17 (c) for another decision in relation to a student, the responsible 18 tribunal for the participating jurisdiction in which the student is 19 undertaking the approved program of study or clinical training; or 20 (d) for a decision in relation to another person-- 21 (i) the responsible tribunal for the participating jurisdiction in 22 which the person lives, or 23 (ii) if the person does not live in a participating jurisdiction, 24 the responsible tribunal for the participating jurisdiction 25 nominated by the National Board that made the appellable 26 decision and specified in the notice given to the person of 27 the appellable decision. 28 200 Parties to the proceedings 29 The parties to proceedings relating to an appellable decision being heard 30 by a responsible tribunal are-- 31 (a) the person who is the subject of the appellable decision; and 32 (b) the National Board that-- 33 (i) made the appellable decision; or 34 (ii) established the panel that made the appellable decision. 35 201 Costs 36 The responsible tribunal may make any order about costs it considers 37 appropriate for the proceedings. 38 Page 131

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law 202 Decision 1 (1) After hearing the matter, the responsible tribunal may-- 2 (a) confirm the appellable decision; or 3 (b) amend the appellable decision; or 4 (c) substitute another decision for the appellable decision. 5 (2) In substituting another decision for the appellable decision, the 6 responsible tribunal has the same powers as the entity that made the 7 appellable decision. 8 203 Relationship with Act establishing responsible tribunal 9 This Division applies despite any provision to the contrary of the Act 10 that establishes the responsible tribunal but does not otherwise limit that 11 Act. 12 Division 14 Miscellaneous 13 204 Notice from adjudication body 14 (1) If an adjudication body, other than a court, makes a decision in relation 15 to a health practitioner or student registered in a health profession, it 16 must give written notice of the decision to the National Board 17 established for the profession. 18 (2) The notice must state-- 19 (a) the decision made by the adjudication body; and 20 (b) the reasons for the decision; and 21 (c) the date the decision takes effect; and 22 (d) any action the National Board must take to give effect to the 23 decision. 24 205 Implementation of decisions 25 (1) A National Board must give effect to a decision of an adjudication body 26 unless the decision is stayed on appeal. 27 (2) Without limiting subsection (1), the National Board must, if the notice 28 given to the Board states that a health practitioner's or student's 29 registration is cancelled, remove the practitioner's or student's name 30 from the appropriate register kept by the Board. 31 Page 132

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 206 National Board to give notice to registered health practitioner's 1 employer 2 (1) This section applies if-- 3 (a) a National Board-- 4 (i) decides to take health, conduct or performance action 5 against a registered health practitioner; or 6 (ii) receives notice from an adjudication body that the 7 adjudication body has decided to take health, conduct or 8 performance action against a registered health practitioner; 9 or 10 (iii) receives notice from a co-regulatory authority that an 11 adjudication body in the co-regulatory jurisdiction has 12 decided to take health, conduct or performance action 13 against a registered health practitioner; and 14 (b) the National Board has been advised by the registered health 15 practitioner that the practitioner is employed by another entity. 16 Note. Under section 132, a National Board may ask a registered health 17 practitioner to give the Board information about whether or not the practitioner 18 is employed by another entity and, if so, for the employer's details. 19 (2) The National Board must, as soon as practicable after making the 20 decision or receiving the notice, give written notice of the decision to 21 take health, conduct or performance action against the registered health 22 practitioner to the practitioner's employer. 23 207 Effect of suspension 24 If a person's registration as a health practitioner or student is suspended 25 under this Law the person is taken during the period of suspension not 26 to be registered under this Law, other than for the purposes of this Part. 27 Part 9 Finance 28 208 Australian Health Practitioner Regulation Agency Fund 29 (1) The Australian Health Practitioner Regulation Agency Fund is 30 established. 31 (2) The Agency Fund is to have a separate account for each National Board. 32 (3) The Agency Fund is a fund to be administered by the National Agency. 33 (4) The National Agency may establish accounts with any financial 34 institution for money in the Agency Fund. 35 Page 133

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (5) The Agency Fund does not form part of the consolidated fund or 1 consolidated account of a participating jurisdiction or the 2 Commonwealth. 3 209 Payments into Agency Fund 4 (1) There is payable into the Agency Fund-- 5 (a) all money appropriated by the Parliament of any participating 6 jurisdiction or the Commonwealth for the purposes of the Fund; 7 and 8 (b) all fees, costs and expenses paid or recovered under this Law; and 9 (c) all fines paid to, or recovered by, a National Board in accordance 10 with an order of an adjudication body; and 11 (d) the proceeds of the investment of money in the Fund; and 12 (e) all grants, gifts and donations made to the National Agency or a 13 National Board, but subject to any trusts declared in relation to 14 the grants, gifts or donations; and 15 (f) all money directed or authorised to be paid into the Fund by or 16 under this Law, any law of a participating jurisdiction or any law 17 of the Commonwealth; and 18 (g) any other money or property received by the National Agency or 19 a National Board in connection with the exercise of its functions. 20 (2) Any money paid into the Agency Fund under subsection (1) for or on 21 behalf of a National Board must be paid into the Board's account kept 22 within the Agency Fund. 23 210 Payments out of Agency Fund 24 (1) Payments may be made from the Agency Fund for the purpose of-- 25 (a) paying any costs or expenses, or discharging any liabilities, 26 incurred in the administration or enforcement of this Law; and 27 (b) making payments to co-regulatory authorities; and 28 (c) any other payments recommended by the National Board or 29 National Agency and approved by the Ministerial Council. 30 (2) Without limiting subsection (1)(a), a payment may be made from the 31 Agency Fund to a responsible tribunal to meet the expenses of the 32 responsible tribunal in performing functions under this Law. 33 (3) A payment under subsection (1) may be made from a National Board's 34 account kept within the Agency Fund only if the payment is in 35 accordance with the Board's budget or otherwise approved by the 36 Board. 37 Page 134

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 211 Investment of money in Agency Fund 1 (1) Subject to this section, the National Agency may invest money in the 2 Agency Fund in the way it considers appropriate. 3 (2) The National Agency may invest money in a National Board's account 4 kept within the Agency Fund only if the Agency has consulted the 5 Board about the investment. 6 (3) An investment under this section must be-- 7 (a) in Australian money; and 8 (b) undertaken in Australia. 9 (4) The National Agency must use its best efforts to invest money in the 10 Agency Fund in a way it considers is most appropriate in all the 11 circumstances. 12 (5) The National Agency must keep records that show it has invested in the 13 way most appropriate in the circumstances. 14 (6) A security, safe custody acknowledgment or other document 15 evidencing title accepted, guaranteed or issued for an investment 16 arrangement must be held by the National Agency. 17 212 Financial management duties of National Agency and National Boards 18 (1) The National Agency must-- 19 (a) ensure that its operations are carried out efficiently, effectively 20 and economically; and 21 (b) keep proper books and records in relation to the Agency Fund; 22 and 23 (c) ensure that expenditure is made from the Agency Fund for lawful 24 purposes only and, as far as possible, reasonable value is obtained 25 for moneys expended from the Fund; and 26 (d) ensure that its procedures, including internal control procedures, 27 afford adequate safeguards with respect to-- 28 (i) the correctness, regularity and propriety of payments made 29 from the Agency Fund; and 30 (ii) receiving and accounting for payments made to the 31 Agency Fund; and 32 (iii) prevention of fraud or mistake; and 33 (e) take any action necessary to ensure the preparation of accurate 34 financial statements in accordance with Australian Accounting 35 Standards for inclusion in its annual report; and 36 Page 135

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (f) take any action necessary to facilitate the audit of those financial 1 statements in accordance with this Law; and 2 (g) arrange for any further audit by a qualified person of the books 3 and records kept by the National Agency in relation to the 4 Agency Fund, if directed to do so by the Ministerial Council. 5 (2) A National Board must-- 6 (a) ensure that its operations are carried out efficiently, effectively 7 and economically; and 8 (b) take any action necessary to ensure that the National Agency is 9 able to comply with this section in relation to the funding of the 10 National Board in exercising its functions. 11 Part 10 Information and privacy 12 Division 1 Privacy 13 213 Application of Commonwealth Privacy Act 14 (1) The Privacy Act applies as a law of a participating jurisdiction for the 15 purposes of the national registration and accreditation scheme. 16 (2) For the purposes of subsection (1), the Privacy Act applies-- 17 (a) as if a reference to the Office of the Privacy Commissioner were 18 a reference to the Office of the National Health Practitioners 19 Privacy Commissioner; and 20 (b) as if a reference to the Privacy Commissioner were a reference to 21 the National Health Practitioners Privacy Commissioner; and 22 (c) with any other modifications made by the regulations. 23 (3) Without limiting subsection (2)(c), the regulations may-- 24 (a) provide that the Privacy Act applies under subsection (1) as if a 25 provision of the Privacy Act specified in the regulations were 26 omitted; or 27 (b) provide that the Privacy Act applies under subsection (1) as if an 28 amendment to the Privacy Act made by a law of the 29 Commonwealth, and specified in the regulations, had not taken 30 effect; or 31 (c) confer jurisdiction on a tribunal or court of a participating 32 jurisdiction. 33 (4) In this section-- 34 Privacy Act means the Privacy Act 1988 of the Commonwealth, as in 35 force from time to time. 36 Page 136

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Division 2 Disclosure of information and confidentiality 1 214 Definition 2 In this Division-- 3 protected information means information that comes to a person's 4 knowledge in the course of, or because of, the person exercising 5 functions under this Law. 6 215 Application of Commonwealth FOI Act 7 (1) The FOI Act applies as a law of a participating jurisdiction for the 8 purposes of the national registration and accreditation scheme. 9 (2) The regulations under this Law may modify the FOI Act for the 10 purposes of this Law. 11 (3) Without limiting subsection (2), the regulations may-- 12 (a) provide that the FOI Act applies under subsection (1) as if a 13 provision of the FOI Act specified in the regulations were 14 omitted; or 15 (b) provide that the FOI Act applies under subsection (1) as if an 16 amendment to the FOI Act made by a law of the Commonwealth, 17 and specified in the regulations, had not taken effect; or 18 (c) confer jurisdiction on a tribunal or court of a participating 19 jurisdiction. 20 (4) In this section-- 21 FOI Act means the Freedom of Information Act 1982 of the 22 Commonwealth, as in force from time to time. 23 216 Duty of confidentiality 24 (1) A person who is, or has been, a person exercising functions under this 25 Law must not disclose to another person protected information. 26 Maximum penalty-- 27 (a) in the case of an individual--$5,000; or 28 (b) in the case of a body corporate--$10,000. 29 (2) However, subsection (1) does not apply if-- 30 (a) the information is disclosed in the exercise of a function under, or 31 for the purposes of, this Law; or 32 (b) the disclosure-- 33 (i) is to a co-regulatory authority; or 34 (ii) is authorised or required by any law of a participating 35 jurisdiction; or 36 Page 137

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (c) the disclosure is otherwise required or permitted by law; or 1 (d) the disclosure is with the agreement of the person to whom the 2 information relates; or 3 (e) the disclosure is in a form that does not identify the identity of a 4 person; or 5 (f) the information relates to proceedings before a responsible 6 tribunal and the proceedings are or were open to the public; or 7 (g) the information is, or has been, accessible to the public, including 8 because it is or was recorded in a National Register; or 9 (h) the disclosure is otherwise authorised by the Ministerial Council. 10 217 Disclosure of information for workforce planning 11 (1) The Ministerial Council may, by written notice given to a National 12 Board, ask the Board for information required by the Council for 13 planning the workforce of health practitioners, or a class of 14 practitioners, in Australia or a part of Australia. 15 (2) If a National Board receives a request under subsection (1), the Board 16 may, by written notice given to health practitioners registered by the 17 Board, ask the practitioners for information relevant to the request. 18 (3) A registered health practitioner who is asked to provide information 19 under subsection (2) may, but is not required to, provide the 20 information. 21 (4) The National Board-- 22 (a) must give information received from a registered health 23 practitioner to the Ministerial Council in a way that does not 24 identify any registered health practitioner; and 25 (b) must not use information received under this section that 26 identifies a registered health practitioner for any other purpose. 27 (5) The Ministerial Council must publish information it receives under this 28 section in a way that is timely and ensures it is accessible to the public. 29 218 Disclosure of information for information management and 30 communication purposes 31 (1) A person may disclose protected information to an information 32 management agency if the disclosure is in accordance with an 33 authorisation given by the Ministerial Council under subsection (2). 34 Page 138

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (2) The Ministerial Council may authorise the disclosure of protected 1 information to an information management agency if the Council is 2 satisfied-- 3 (a) the protected information will be collected, stored and used by 4 the information management agency in a way that ensures the 5 privacy of the persons to whom it relates is protected; and 6 (b) the provision of the protected information to the information 7 management agency is necessary to enable the agency to exercise 8 its functions. 9 (3) An authorisation under subsection (2)-- 10 (a) may apply to protected information generally or a class of 11 protected information; and 12 (b) may be subject to conditions. 13 (4) In this section-- 14 information management agency means a Commonwealth, State or 15 Territory agency that has functions relating to the identification of 16 health practitioners for information management and communication 17 purposes, including, for example, the National E-health Transition 18 Authority. 19 219 Disclosure of information to other Commonwealth, State and Territory 20 entities 21 (1) A person exercising functions under this Law may disclose protected 22 information to the following entities-- 23 (a) the chief executive officer under the Medicare Australia Act 1973 24 of the Commonwealth; 25 (b) an entity performing functions under the Health Insurance Act 26 1973 of the Commonwealth; 27 (c) the Secretary within the meaning of the National Health Act 1953 28 of the Commonwealth; 29 (d) the Secretary to the Department in which the Migration Act 1958 30 of the Commonwealth is administered; 31 (e) another Commonwealth, State or Territory entity having 32 functions relating to professional services provided by health 33 practitioners or the regulation of health practitioners. 34 (2) However, a person may disclose protected information under 35 subsection (1) only if the person is satisfied-- 36 (a) the protected information will be collected, stored and used by 37 the entity to which it is disclosed in a way that ensures the privacy 38 of the persons to whom it relates is protected; and 39 Page 139

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (b) the provision of the protected information to the entity is 1 necessary to enable the entity to exercise its functions. 2 220 Disclosure to protect health or safety of patients or other persons 3 (1) This section applies if a National Board reasonably believes that-- 4 (a) a registered health practitioner poses, or may pose, a risk to 5 public health; or 6 (b) the health or safety of a patient or a class of patients is or may be 7 at risk because of a registered health practitioner's practice as a 8 health practitioner. 9 (2) The National Board may give written notice of the risk and any relevant 10 information about the registered health practitioner to an entity of the 11 Commonwealth or of a State or Territory that the Board considers may 12 be required to take action in relation to the risk. 13 221 Disclosure to registration authorities 14 A person exercising functions under this Law may disclose protected 15 information to a registration authority if the disclosure is necessary for 16 the authority to exercise its functions. 17 Division 3 Registers in relation to registered health 18 practitioner 19 222 National Registers 20 (1) Each of the following National Boards must, in conjunction with the 21 National Agency-- 22 (a) keep the public national register listed beside that Board in the 23 following Table that is to include the names of all health 24 practitioners, other than specialist health practitioners, currently 25 registered by the Board; and 26 (b) if Divisions are listed beside the public national register in the 27 Table, keep the register in a way that ensures it includes those 28 Divisions. 29 (2) In addition, each National Board must keep a public national register 30 that is to include the names of all health practitioners, other than 31 specialist health practitioners, who were registered by the Board and 32 whose registration has been cancelled by an adjudication body. 33 Page 140

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Table-- Public national registers 1 Name of Board Name of public Divisions of public national register national register Aboriginal and Torres Register of Aboriginal Strait Islander Health and Torres Strait Practice Board of Islander Health Australia Practitioners Chinese Medicine Board Register of Chinese Acupuncturists, Chinese of Australia Medicine Practitioners herbal medicine practitioners, Chinese herbal dispensers Chiropractic Board of Register of Australia Chiropractors Dental Board of Register of Dental Dentists, Dental Australia Practitioners therapists, Dental hygienists, Dental prosthetists, Oral health therapists Medical Board of Register of Medical Australia Practitioners Medical Radiation Register of Medical Diagnostic Practice Board of Radiation Practitioners radiographers, Nuclear Australia medicine technologists, Radiation therapists Nursing and Midwifery Register of Nurses Registered nurses Board of Australia (Division 1), Enrolled nurses (Division 2) Register of Midwives Occupational Therapy Register of Board of Australia Occupational Therapists Optometry Board of Register of Optometrists Australia Osteopathy Board of Register of Osteopaths Australia Pharmacy Board of Register of Pharmacists Australia Physiotherapy Board of Register of Australia Physiotherapists Podiatry Board of Register of Podiatrists Australia Page 141

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law Name of Board Name of public Divisions of public national register national register Psychology Board of Register of Australia Psychologists 223 Specialists Registers 1 The National Board established for a health profession for which 2 specialist recognition operates under this Law must, in conjunction with 3 the National Agency, keep-- 4 (a) a public national specialists register that includes the names of all 5 specialist health practitioners currently registered by the Board; 6 and 7 (b) a public national register that includes the names of all specialist 8 health practitioners whose registration has been cancelled by an 9 adjudication body. 10 224 Way registers are to be kept 11 Subject to this Division, a register a National Board is required to keep 12 under this Division must be kept-- 13 (a) in a way that ensures it is up-to-date and accurate; and 14 (b) otherwise in the way the National Agency considers appropriate. 15 225 Information to be recorded in National Register 16 A National Register or Specialists Register must include the following 17 information for each registered health practitioner whose name is 18 included in the register-- 19 (a) the practitioner's sex; 20 (b) the suburb and postcode of the practitioner's principal place of 21 practice; 22 (c) the registration number or code given to the practitioner by the 23 National Board; 24 (d) the date on which the practitioner was first registered in the health 25 profession in Australia, whether under this Law or a 26 corresponding prior Act; 27 (e) the date on which the practitioner's registration expires; 28 (f) the type of registration held by the practitioner; 29 (g) if the register includes divisions, the division in which the 30 practitioner is registered; 31 (h) if the practitioner holds specialist registration, the recognised 32 specialty in which the practitioner is registered; 33 Page 142

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (i) if the practitioner holds limited registration, the purpose for 1 which the practitioner is registered; 2 (j) if the practitioner has been reprimanded, the fact that the 3 practitioner has been reprimanded; 4 (k) if a condition has been imposed on the practitioner's registration 5 or the National Board has entered into an undertaking with the 6 practitioner-- 7 (i) if section 226(1) applies, the fact that a condition has been 8 imposed or an undertaking accepted; or 9 (ii) otherwise, details of the condition or undertaking; 10 (l) if the practitioner's registration is suspended, the fact that the 11 practitioner's registration has been suspended and, if the 12 suspension is for a specified period, the period during which the 13 suspension applies; 14 (m) if the practitioner's registration has been endorsed, details of the 15 endorsement; 16 (n) details of any qualifications relied on by the practitioner to obtain 17 registration or to have the practitioner's registration endorsed; 18 (o) if the practitioner has advised the National Board the practitioner 19 fluently speaks a language other than English, details of the other 20 language spoken; 21 (p) any other information the National Board considers appropriate. 22 226 National Board may decide not to include or to remove certain 23 information in register 24 (1) A National Board may decide that a condition imposed on a registered 25 health practitioner's registration, or the details of an undertaking 26 accepted from a registered health practitioner, because the practitioner 27 has an impairment is not to be recorded in its National Register or 28 Specialists Register if-- 29 (a) it is necessary to protect the practitioner's privacy; and 30 (b) there is no overriding public interest for the condition or the 31 details of the undertaking to be recorded. 32 (2) A National Board may decide that information relating to a registered 33 health practitioner is not to be recorded in its National Register or 34 Specialists Register if-- 35 (a) the practitioner asks the Board not to include the information in 36 the register; and 37 (b) the Board reasonably believes the inclusion of the information in 38 the register would present a serious risk to the health or safety of 39 the practitioner. 40 Page 143

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (3) A National Board may decide to remove information that a registered 1 health practitioner has been reprimanded from the National Register or 2 Specialists Register if it considers it is no longer necessary or 3 appropriate for the information to be recorded on the Register. 4 227 Register about former registered health practitioners 5 A register kept by a National Board under section 222(2) or 223(b) must 6 include the following information for each health practitioner whose 7 registration was cancelled by an adjudication body-- 8 (a) the fact that the practitioner's registration was cancelled by an 9 adjudication body; 10 (b) the grounds on which the practitioner's registration was 11 cancelled; 12 (c) if the adjudication body's hearing of the matter was open to the 13 public, details of the conduct that formed the basis of the 14 cancellation. 15 228 Inspection of registers 16 (1) The National Agency-- 17 (a) must keep each register kept by a National Board under this 18 Division open for inspection, free of charge, by members of the 19 public-- 20 (i) at its national office and each of its local offices during 21 ordinary office hours; and 22 (ii) on the Agency's website; and 23 (b) must give a person an extract from the register on payment of the 24 relevant fee; and 25 (c) may give a person a copy of the register on payment of the 26 relevant fee. 27 (2) The National Agency may give a person a copy of the register under 28 subsection (1)(c) only if the Agency is satisfied it would be in the public 29 interest to do so. 30 (3) The National Agency may waive, wholly or partly, the payment of a fee 31 by a person under subsection (1)(b) or (c) if the Agency considers it 32 appropriate in the circumstances. 33 Page 144

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Division 4 Student registers 1 229 Student registers 2 (1) Each National Board must, in conjunction with the National Agency, 3 keep a student register that includes the name of all persons currently 4 registered as students by the Board. 5 (2) A student register is not to be open to inspection by the public. 6 230 Information to be recorded in student register 7 (1) Subject to this Division, a student register kept by a National Board 8 must be kept in the way the National Agency considers appropriate. 9 (2) A student register kept by a National Board must include the following 10 information for each student whose name is included in the register-- 11 (a) the student's name; 12 (b) the student's date of birth; 13 (c) the student's sex; 14 (d) the student's mailing address and any other contact details; 15 (e) the name of the education provider that is providing the approved 16 program of study being undertaken by the student; 17 (f) the date on which the student was first registered, whether under 18 this law or a corresponding prior Act; 19 (g) the date on which the student started the approved program of 20 study; 21 (h) the date on which the student is expected to complete the 22 approved program of study; 23 (i) if the student has completed or otherwise ceased to be enrolled in 24 the approved program of study, the date of the completion or 25 cessation; 26 (j) if a condition has been imposed on the student's registration, 27 details of the condition; 28 (k) if the Board accepts an undertaking from the student, details of 29 the undertaking; 30 (l) any other information the Board considers appropriate. 31 Page 145

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law Division 5 Other records 1 231 Other records to be kept by National Boards 2 A National Board must keep a record of the following information for 3 each health practitioner it registers-- 4 (a) information that identifies the practitioner; 5 (b) the practitioner's contact details; 6 (c) information about the practitioner's registration or endorsement; 7 (d) information about any previous registration of the practitioner, 8 whether in Australia or overseas; 9 (e) information about any notification made about the practitioner 10 and any investigation and health, conduct or performance action 11 taken as a result of the notification; 12 (f) information about the practitioner's professional indemnity 13 insurance arrangements; 14 (g) information about checks carried out by the Board about the 15 practitioner's criminal history and identity, including the nature 16 of the check carried out, when it was carried out and the nature of 17 the information provided by the check. 18 232 Record of adjudication decisions to be kept and made publicly available 19 (1) A National Board is to keep and publish on its website a record of 20 decisions made by-- 21 (a) panels established by the Board; and 22 (b) responsible tribunals that relate to registered health practitioners 23 or students registered by the Board. 24 (2) The record is to be kept-- 25 (a) in a way that does not identify persons involved in the matter, 26 unless the decision was made by a responsible tribunal and the 27 hearing was open to the public; and 28 (b) otherwise in the way decided by the National Board. 29 Division 6 Unique identifier 30 233 Unique identifier to be given to each registered health practitioner 31 (1) This section applies if-- 32 (a) a National Board registers a person in the health profession for 33 which the Board is established; and 34 Page 146

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note (b) the person has not previously been registered by that Board or 1 any other National Board. 2 (2) The National Board must, at the time of registering the person, give the 3 person an identifying number or code (a unique identifier) that is 4 unique to the person. 5 (3) The National Board must keep a record of the unique identifier given to 6 the person. 7 (4) If the person is subsequently registered by the National Board or 8 another Board the person is to continue to be identified by the unique 9 identifier given to the person under subsection (2). 10 Part 11 Miscellaneous 11 Division 1 Provisions relating to persons exercising 12 functions under Law 13 234 General duties of persons exercising functions under this Law 14 (1) A person exercising functions under this Law must, when exercising the 15 functions, act honestly and with integrity. 16 (2) A person exercising functions under this Law must exercise the 17 person's functions under this Law-- 18 (a) in good faith; and 19 (b) in a financially responsible manner; and 20 (c) with a reasonable degree of care, diligence and skill. 21 (3) A person exercising functions under this Law must not make improper 22 use of the person's position or of information that comes to the person's 23 knowledge in the course of, or because of, the person's exercise of the 24 functions-- 25 (a) to gain an advantage for himself or herself or another person; or 26 (b) to cause a detriment to the development, implementation or 27 operation of the national registration and accreditation scheme. 28 235 Application of Commonwealth Ombudsman Act 29 (1) The Ombudsman Act applies as a law of a participating jurisdiction for 30 the purposes of the national registration and accreditation scheme. 31 (2) For the purposes of subsection (1), the Ombudsman Act applies-- 32 (a) as if a reference to the Commonwealth Ombudsman were a 33 reference to the National Health Practitioners Ombudsman; and 34 (b) with any other modifications made by the regulations. 35 Page 147

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (3) Without limiting subsection (2), the regulations may-- 1 (a) provide that the Ombudsman Act applies under subsection (1) as 2 if a provision of the Ombudsman Act specified in the regulations 3 were omitted; or 4 (b) provide that the Ombudsman Act applies under subsection (1) as 5 if an amendment to the Ombudsman Act made by a law of the 6 Commonwealth, and specified in the regulations, had not taken 7 effect; or 8 (c) confer jurisdiction on a tribunal or court of a participating 9 jurisdiction. 10 (4) In this section-- 11 Ombudsman Act means the Ombudsman Act 1976 of the 12 Commonwealth, as in force from time to time. 13 236 Protection from personal liability for persons exercising functions 14 (1) A protected person is not personally liable for anything done or omitted 15 to be done in good faith-- 16 (a) in the exercise of a function under this Law; or 17 (b) in the reasonable belief that the act or omission was the exercise 18 of a function under this Law. 19 (2) Any liability resulting from an act or omission that would, but for 20 subsection (1), attach to a protected person attaches instead to the 21 National Agency. 22 (3) In this section-- 23 protected person means any of the following-- 24 (a) a member of the Advisory Council; 25 (b) a member of the Agency Management Committee; 26 (c) a member of a National Board or a committee of the National 27 Board; 28 (d) a member of an external accreditation entity; 29 (e) a member of the staff of the National Agency; 30 (f) a consultant or contractor engaged by the National Agency; 31 (g) a person appointed by the National Agency to conduct an 32 examination or assessment for a National Board; 33 (h) a person employed or engaged by an external accreditation entity 34 to assist it with its accreditation function. 35 Page 148

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note 237 Protection from liability for persons making notification or otherwise 1 providing information 2 (1) This section applies to a person who, in good faith-- 3 (a) makes a notification under this Law; or 4 (b) gives information in the course of an investigation or for another 5 purpose under this Law to a person exercising functions under 6 this Law. 7 (2) The person is not liable, civilly, criminally or under an administrative 8 process, for giving the information. 9 (3) Without limiting subsection (2)-- 10 (a) the making of the notification or giving of the information does 11 not constitute a breach of professional etiquette or ethics or a 12 departure from accepted standards of professional conduct; and 13 (b) no liability for defamation is incurred by the person because of 14 the making of the notification or giving of the information. 15 (4) The protection given to the person by this section extends to-- 16 (a) a person who, in good faith, provided the person with any 17 information on the basis of which the notification was made or 18 the information was given; and 19 (b) a person who, in good faith, was otherwise concerned in the 20 making of the notification or giving of the information. 21 Division 2 Inspectors 22 238 Functions and powers of inspectors 23 (1) An inspector has the function of conducting investigations to enforce 24 compliance with this Law. 25 (2) Schedule 6 sets out provisions relating to the powers of an inspector. 26 239 Appointment of inspectors 27 (1) A National Board may appoint the following persons as inspectors-- 28 (a) members of the National Agency's staff; 29 (b) contractors engaged by the National Agency. 30 (2) An inspector holds office on the conditions stated in the instrument of 31 appointment. 32 (3) If an inspector's appointment provides for a term of appointment, the 33 inspector ceases holding office at the end of the term. 34 Page 149

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (4) An inspector may resign by signed notice of resignation given to the 1 National Board that appointed the inspector. 2 240 Identity card 3 (1) A National Board must give an identity card to each inspector it 4 appoints. 5 (2) The identity card must-- 6 (a) contain a recent photograph of the inspector; and 7 (b) be signed by the inspector; and 8 (c) identify the person as an inspector appointed by the National 9 Board; and 10 (d) include an expiry date. 11 (3) This section does not prevent the issue of a single identity card to a 12 person-- 13 (a) if the person is appointed as an inspector for this Law by more 14 than one National Board; or 15 (b) if the person is appointed as an inspector and investigator for this 16 Law by a National Board; or 17 (c) for this Law and other Acts. 18 (4) A person who ceases to be an inspector must give the person's identity 19 card to the National Board that appointed the person within 7 days after 20 the person ceases to be an inspector, unless the person has a reasonable 21 excuse. 22 241 Display of identity card 23 (1) An inspector may exercise a power in relation to someone else (the 24 other person) only if the inspector-- 25 (a) first produces the inspector's identity card for the other person's 26 inspection; or 27 (b) has the identity card displayed so it is clearly visible to the other 28 person. 29 (2) However, if for any reason it is not practicable to comply with 30 subsection (1) before exercising the power, the inspector must produce 31 the identity card for the other person's inspection at the first reasonable 32 opportunity. 33 Page 150

Health Practitioner Regulation Bill 2009 Health Practitioner Regulation National Law Note Division 3 Legal proceedings 1 242 Proceedings for offences 2 A proceeding for an offence against this Law is to be by way of a 3 summary proceeding before a court of summary jurisdiction. 4 243 Conduct may constitute offence and be subject of disciplinary 5 proceedings 6 (1) If a person's behaviour constitutes an offence against this Law or 7 another Act and constitutes professional misconduct, unsatisfactory 8 professional performance or unprofessional conduct under this Law-- 9 (a) the fact that proceedings for an offence have been taken in 10 relation to the behaviour does not prevent proceedings being 11 taken before an adjudication body under this Law for the same 12 behaviour; and 13 (b) the fact that proceedings have been taken before an adjudication 14 body under this Law in relation to the conduct does not prevent 15 proceedings for an offence being taken for the same behaviour. 16 (2) If a person's behaviour may be dealt with by a health complaints entity 17 under the law of a participating jurisdiction and constitutes professional 18 misconduct, unsatisfactory professional performance or unprofessional 19 conduct under this Law-- 20 (a) the fact that the behaviour has been dealt with by the health 21 complaints entity does not prevent proceedings being taken 22 before an adjudication body under this Law for the same 23 behaviour; and 24 (b) the fact that proceedings have been taken before an adjudication 25 body under this Law in relation to the behaviour does not prevent 26 action being taken by the health complaints entity under the law 27 of the participating jurisdiction for the same behaviour. 28 244 Evidentiary certificates 29 A certificate purporting to be signed by the chief executive officer of the 30 National Agency and stating any of the following matters is prima facie 31 evidence of the matter-- 32 (a) a stated document is one of the following things made, given, 33 issued or kept under this Law-- 34 (i) an appointment, approval or decision; 35 (ii) a notice, direction or requirement; 36 (iii) a certificate of registration; 37 Page 151

Health Practitioner Regulation Bill 2009 Note Health Practitioner Regulation National Law (iv) a register, or an extract from a register; 1 (v) a record, or an extract from a record; 2 (b) a stated document is another document kept under this Law; 3 (c) a stated document is a copy of a document mentioned in 4 paragraph (a) or (b); 5 (d) on a stated day, or during a stated period, a stated person was or 6 was not a registered health practitioner or a student; 7 (e) on a stated day, or during a stated period, a registration or 8 endorsement was or was not subject to a stated condition; 9 (f) on a stated day, a registration was suspended or cancelled; 10 (g) on a stated day, or during a stated period, an appointment as an 11 investigator or inspector was, or was not, in force for a stated 12 person; 13 (h) on a stated day, a stated person was given a stated notice or 14 direction under this Law; 15 (i) on a stated day, a stated requirement was made of a stated person. 16 Division 4 Regulations 17 245 National regulations 18 (1) The Ministerial Council may make regulations for the purposes of this 19 Law.