Northern Territory Consolidated Acts Northern Territory Consolidated ActsSchedule 10 Savings and transitional provisions
section 133
1. Definitions
In this Schedule:
"former Board" means a Board as constituted under a repealed Act.
"new Board", in relation to a former Board, means the Board established under this Act of the same or an equivalent name as the former Board.
"repealed Act" means an Act repealed by section 132.
2. Proceedings
Any proceedings that, immediately before the commencement of section 133, might have been brought or continued by or against a former Board may be brought or continued by or against the new Board.
3. Continuation of registers and rolls
(1) A register kept under a repealed Act by a former Board is taken to be part of the register kept by the new Board for the purposes of this Act.
(2) A roll kept under a repealed Act by a former Board is taken to be part of the roll kept by the new Board for the purposes of this Act.
4. Accredited courses
A course of study prescribed or accredited under a repealed Act is taken to be an accredited course for entry into the category of health care practice for the purposes of this Act.
5. Application for registration or enrolment
An application made under a repealed Act to be registered or enrolled and not determined by a former Board before the commencement of section 133 must be determined by the new Board as if it were an application for registration or enrolment under this Act.
6. Continuation of registration and enrolment
(1) A person who, immediately before the commencement of section 133, was registered under a repealed Act is taken to be registered under and subject to this Act on the same conditions and with the same limitations, if any, as applied to the person's registration under the repealed Act.
(2) A person who, immediately before the commencement of section 133, was enrolled under a repealed Act is taken to be enrolled under and subject to this Act on the same conditions and with the same limitations, if any, as applied to the person's enrolment under the repealed Act.
(3) Subclauses (1) and (2) apply to a registration or enrolment even if, immediately before the commencement of section 133, the registration or enrolment was suspended under a repealed Act but those subclauses are not to be taken as revoking or reducing any period of suspension to which the former registration or enrolment was subject immediately before that day.
7. Interim registration or enrolment
(1) A provisional registration or enrolment (however described) that was in force under a repealed Act immediately before the commencement of section 133 remains in force as an interim registration or enrolment under this Act until the first of the following events occurs:
(a) the person holding the interim registration or enrolment applies for and is granted registration or enrolment under this Act;
(b) the interim registration or enrolment is cancelled under this Act;
(c) the expiration of 3 months from the day on which the interim registration or enrolment was granted, as provisional registration or enrolment, under the repealed Act.
(2) For the purposes of subclause (1), a certificate issued under a repealed Act in respect of the provisional registration or enrolment, despite anything in this Schedule, continues in force until the first of the events referred to in subclause (1) occurs.
8. Practising certificate
(1) A certificate issued under a repealed Act authorising a person to practise under the repealed Act that was in force immediately before the commencement of section 133 is taken to be a practising certificate issued to the person under this Act for the unexpired period of the certificate.
(2) Subclause (1) applies to a certificate even if, immediately before the commencement of section 133, the certificate was suspended under a repealed Act but that subclause is not to be taken as revoking or reducing any period of suspension to which the former certificate was subject immediately before that commencement.
(3) If a certificate referred to in subclause (1) expires before the due date, the new Board may issue a new certificate for the period that commences immediately after the expiry and ends on the due date.
(4) If a certificate referred to in subclause (1) is endorsed with the category of midwifery, the holder of the certificate is, on the commencement of section 133:
(a) entitled to practise generally in the category of health care practice of nursing under and subject to this Act; and
(b) taken to hold an authorisation to practise in the restricted practice area of midwifery under and subject to this Act.
(5) If a certificate referred to in subclause (1) is endorsed with categories of nursing other than midwifery, the holder of the certificate is, on the commencement of section 133, entitled to practise generally in the category of health care practice of nursing under and subject to this Act on the same conditions and with the same limitations as applied to the person's entitlement to practise under the repealed Act.
(6) Subclauses (4) and (5) have effect subject to subclause (2).
9. Registered or enrolled person without practising certificate may apply for that certificate under this Act
(1) A person:
(a) who is taken to be registered or enrolled by virtue of this Schedule; and
(b) who was not issued with a certificate authorising the person to practise under a repealed Act by a former Board,
may apply in writing to the new Board for a practising certificate under this Act.
(2) The new Board must, within 14 days after receiving an application under subclause (1), having regard to the matters that the Board considers necessary or appropriate, issue or refuse to issue the person with a practising certificate.
(3) The new Board must, as soon as practicable, give notice of its decision to the applicant.
(4) A person whose application under subclause (1) is refused may, within 14 days of receiving the notice, appeal, on a question of law, to the Supreme Court against the new Board's decision.
(5) At the hearing of an appeal, the Supreme Court may confirm the decision of the Board or order the Board to issue the applicant with a practising certificate.
10. Complaints
(1) If, immediately before the commencement of section 133, an investigation (however described) had begun under a repealed Act by a former Board but had not been concluded, the new Board may:
(a) terminate the investigation and regard the investigation as a complaint to the new Board made under this Act; or
(b) continue and conclude the investigation as if this Act had not commenced.
(2) In making a determination under subclause (1), the new Board may have regard to any matter that it considers appropriate but must have particular regard to:
(a) how far the investigation had progressed;
(b) fairness to the person who is the subject of the investigation;
(c) cost and inconvenience to the Board, the person who is the subject of the investigation or other persons; and
(d) any submissions made to the Board by or on behalf of the person who is the subject of the investigation.
(3) If subclause (1)(b) applies, the new Board, on concluding the investigation, may take any action under this Act that it considers appropriate having regard to the findings of the investigation.
(4) A complaint may be made or dealt with under this Act in respect of an act or omission of a health practitioner despite that the act or omission actually or allegedly occurred before the commencement of section 133.
11. Appeals
(1) An appeal instituted under a repealed Act and not determined by the commencement of section 133 may be continued and determined as if this Act had not commenced.
(2) If under subclause (1) a court orders in respect of an appeal that an application for registration or enrolment under a repealed Act be granted, the registration or enrolment is, for the purposes of this Schedule, taken to have been in force immediately before the commencement of section 133.
(3) If under subclause (1) a court orders that an application for the renewal of a certificate under a repealed Act be granted, the certificate is, for the purposes of this Schedule, taken to have been a certificate issued under the repealed Act in force immediately before the commencement of section 133.
(4) If under subclause (1) a court orders in respect of an appeal that some action or determination be substituted for an action or determination of a former Board, the court may, if it considers it fair and appropriate to do so having regard to the repeal of the repealed Act and the enactment of this Act, order that the substituted action or determination be one that the new Board or Tribunal could take or make under this Act had the appeal been instituted under this Act.