HEALTH PRACTITIONER REGULATION NATIONAL LAW ACT 2009

Queensland Consolidated Acts

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HEALTH PRACTITIONER REGULATION NATIONAL LAW ACT 2009

TABLE OF PROVISIONS

Contents

Part 1--Preliminary

1. Short title
2. Commencement
3. Definitions

Part 2--Adoption of Health Practitioner Regulation National Law

4. Application of Health Practitioner Regulation National Law
5. Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction
6. Responsible tribunal for Health Practitioner Regulation National Law (Queensland)
7. Exclusion of legislation of this jurisdiction

Part 3--Provisions specific to this jurisdiction

8. Police commissioner may give criminal history information
9. Review of decision by QCAT as responsible tribunal
9A. Transitional regulation-making power
10. Repeal
SCHEDULE -- HEALTH PRACTITIONER REGULATION NATIONAL LAW

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
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
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

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
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
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
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
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
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
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
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

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
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

Part 1--General
1. Definitions

Part 2--Constitution
2. Terms of office of members
3. Remuneration
4. Vacancy in office of member
5. Extension of term of office during vacancy in membership
6. Disclosure of conflict of interest

Part 3--Procedure
7. General procedure
8. Quorum
9. Presiding member
10. Transaction of business outside meetings or by telecommunication
11. First meeting
SCHEDULE 2 -- AGENCY MANAGEMENT COMMITTEE

Part 1--General
1. Definitions

Part 2--Constitution
2. Terms of office of members
3. Remuneration
4. Vacancy in office of member
5. Vacancies to be advertised
6. Extension of term of office during vacancy in membership
7. Members to act in public interest
8. Disclosure of conflict of interest

Part 3--Procedure
9. General procedure
10. Quorum
11. Chief executive officer may attend meetings
12. Presiding member
13. Voting
14. Transaction of business outside meetings or by telecommunication
15. First meeting
16. Defects in appointment of members
SCHEDULE 3 -- NATIONAL AGENCY

Part 1--Chief executive officer
1. Chief executive officer
2. Functions of chief executive officer
3. Delegation and subdelegation by chief executive officer
4. Vacancy in office

Part 2--Staff, consultants and contractors
5. Staff of National Agency
6. Staff seconded to National Agency
7. Consultants and contractors

Part 3--Reporting obligations
8. Annual report
9. Reporting by National Boards
SCHEDULE 4 -- NATIONAL BOARDS

Part 1--General
1. Definitions

Part 3--Functions and powers
9. Requirement to consult other National Boards
10. Boards may obtain assistance
11. Committees

Part 4--Procedure
12. General procedure
13. Quorum
14. Presiding member
15. Voting
16. Transaction of business outside meetings or by telecommunication
17. First meeting
18. Defects in appointment of members
SCHEDULE 5 -- INVESTIGATORS

Part 1--Power to obtain information
1. Powers of investigators
2. Offence for failing to produce information or attend before investigator
3. Inspection of documents

Part 2--Power to enter places
4. Entering places
5. Application for warrant
6. Issue of warrant
7. Application by electronic communication
8. Procedure before entry under warrant
9. Powers after entering places
10. Offences for failing to comply with requirement under clause 9
11. Seizure of evidence
12. Securing seized things
13. Receipt for seized things
14. Forfeiture of seized thing
15. Dealing with forfeited things
16. Return of seized things
17. Access to seized things

Part 3--General matters
18. Damage to property
19. Compensation
20. False or misleading information
21. False or misleading documents
22. Obstructing investigators
23. Impersonation of investigators
SCHEDULE 6 -- INSPECTORS

Part 1--Power to obtain information
1. Powers of inspectors
2. Offence for failing to produce information or attend before inspector
3. Inspection of documents

Part 3--General matters
18. Damage to property
19. Compensation
20. False or misleading information
21. False or misleading documents
22. Obstructing inspectors
23. Impersonation of inspectors
SCHEDULE 7 -- MISCELLANEOUS PROVISIONS RELATING TO INTERPRETATION

Part 1--Preliminary
1. Displacement of Schedule by contrary intention

Part 2--General
2. Law to be construed not to exceed legislative power of Legislature
3. Every section to be a substantive enactment
4. Material that is, and is not, part of this Law
5. References to particular Acts and to enactments
6. References taken to be included in Act or Law citation etc
7. Interpretation best achieving Law's purpose
8. Use of extrinsic material in interpretation
9. Effect of change of drafting practice and use of examples
10. Use of examples
11. Compliance with forms

Part 3--Terms and references
12. Definitions
13. Provisions relating to defined terms and gender and number
14. Meaning of "may" and "must" etc
15. Words and expressions used in statutory instruments
16. Effect of express references to bodies corporate and individuals
17. Production of records kept in computers etc
18. References to this jurisdiction to be implied
19. References to officers and holders of offices
20. Reference to certain provisions of Law
21. Reference to provisions of this Law or an Act is inclusive

Part 4--Functions and powers
22. Performance of statutory functions
23. Power to make instrument or decision includes power to amend or repeal
24. Matters for which statutory instruments may make provision
25. Presumption of validity and power to make
26. Appointments may be made by name or office
27. Acting appointments
28. Powers of appointment imply certain incidental powers
29. Delegation of functions
30. Exercise of powers between enactment and commencement

Part 5--Distance, time and age
31. Matters relating to distance, time and age

Part 6--Effect of repeal, amendment or expiration
32. Time of Law ceasing to have effect
33. Repealed Law provisions not revived
34. Saving of operation of repealed Law provisions
35. Continuance of repealed provisions
36. Law and amending Acts to be read as one

Part 7--Instruments under Law
37. Schedule applies to statutory instruments

Part 8--Application to coastal sea
38. Application
Endnotes

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