HEALTH PRACTITIONER REGULATION NATIONAL LAW ACT 2009 - SECT 57 Insertion of new pt 12A

HEALTH PRACTITIONER REGULATION NATIONAL LAW ACT 2009 - SECT 57

57 Insertion of new pt 12A

National Law provisions, after part 12 —

insert —

Part 12A - Transitional provisions for Health Ombudsman Act 2013

305A Definitions for pt 12A In this part—


"commencement" means the commencement of this section.


"current matter" means a matter that was being dealt with under part 8 before the commencement and, immediately before the commencement, had not been finally dealt with.


"current notification" means a notification made under part 8 before the commencement that, immediately before the commencement, had not been finally dealt with.


"relevant National Board" , for a notification, means the National Board that registered the registered health practitioner or student to whom the notification relates.

305B Payment of complaints element of fees by National Agency

(1) Section 26A applies to the initial period as if the initial period were a financial year.

(2) In this section—


"initial period" means the remaining part of the financial year in which this section commences.

305C Mandatory notifications by health practitioners A reference in section 141(4)(e) to a notification made to the health ombudsman includes a notification to the National Agency made before the commencement.

305D Current notifications not yet referred to National Boards or other entities Section 148, as in force immediately before the commencement, continues to apply to any current notification that the National Agency had not referred to a National Board or other entity under that section before the commencement.

305E Current notifications about serious matters

(1) This section applies in relation to a current notification or other current matter that, in the opinion of the relevant National Board, indicates—

(a) a registered health practitioner has behaved in a way that constitutes professional misconduct; or

(b) there is another ground for the suspension or cancellation of the practitioner’s registration.

(2) Within 28 days after the commencement, the board must, by written notice, advise the health ombudsman of the details of the matter and the action that, at the time of commencement, was being taken to deal with it.

(3) At any time before the board has finally dealt with the matter, the health ombudsman may, by written notice, direct the board to—

(a) refer the matter to the health ombudsman immediately; or

(b) take stated action under this Law to deal with the matter and then refer it to the health ombudsman.

(4) The board must comply with a direction under subsection (3).

(5) If the board refers the matter to the health ombudsman in compliance with a direction—

(a) the board must give the health ombudsman all the records and information relating to the matter that it is holding; and

(b) the health ombudsman must deal with the matter under the Health Ombudsman Act 2013 .

305F Current notifications dealt with by relevant National Board

(1) This section applies to a current notification or other current matter unless, under section 310, the health ombudsman has directed the relevant National Board to refer the matter to the health ombudsman.

(2) The matter must be dealt with under this Law.

305G Notifications recorded by National Board A reference in section 231(e) to a referred matter about a practitioner received by a National Board includes a notification about the practitioner made before the commencement.