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TASMANIA
__________
HEALTH PRACTITIONER REGULATION
NATIONAL LAW (TASMANIA) BILL 2009
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 ADOPTION OF HEALTH PRACTITIONER REGULATION
NATIONAL LAW
4. Adoption 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
7. Exclusion of legislation of this jurisdiction
8. Regulations
PART 3 PROVISIONS SPECIFIC TO THIS JURISDICTION
9. Interpretation
10. Transfer of certain property exempt from duty
11. Minister's directions
12. Police commissioner may give criminal history information
[Bill 93]-I
PART 4 SAVINGS AND TRANSITIONAL PROVISIONS
13. Interpretation
14. Declarations of areas of need
15. Complaints being dealt with on participation day
16. Annual reports
17. References in other Acts
PART 5 MISCELLANEOUS
18. Administration of Act
19. Legislation repealed
20. Legislation rescinded
21. Legislation revoked
SCHEDULE 1 LEGISLATION REPEALED
SCHEDULE 2 LEGISLATION RESCINDED
SCHEDULE 3 LEGISLATION REVOKED
2
HEALTH PRACTITIONER REGULATION
NATIONAL LAW (TASMANIA) BILL 2009
(Brought in by the Minister for Health, the Honourable
Larissa Tahireh Giddings)
A BILL FOR
An Act to regulate health practitioners
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Health Practitioner
Regulation National Law (Tasmania) Act 2009.
2. Commencement
(1) Except as provided in this section, this Act
commences on a day or days to be proclaimed.
(2) Sections 9 and 11 commence on the day on
which this Act receives the Royal Assent.
3. Interpretation
(1) In this Act
[Bill 93] 3
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
s. 3 Part 1 Preliminary
"Health Practitioner Regulation National
Law (Tasmania)" means the provisions
applying in this jurisdiction because of
section 4.
(2) Terms used in this Act and also in the Health
Practitioner Regulation National Law set out in
the Schedule to the Health Practitioner
Regulation National Law Act 2009 of
Queensland have the same meanings in this Act
as they have in that Law.
4
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
Part 2 Adoption of Health Practitioner Regulation National Law s. 4
PART 2 ADOPTION OF HEALTH PRACTITIONER
REGULATION NATIONAL LAW
4. Adoption of Health Practitioner Regulation
National Law
The Health Practitioner Regulation National
Law, as in force from time to time, set out in the
Schedule to the Health Practitioner Regulation
National Law Act 2009 of Queensland
(a) applies as a law of this jurisdiction; and
(b) as so applying may be referred to as the
Health Practitioner Regulation National
Law (Tasmania); and
(c) so applies as if it were part of this Act.
5. Meaning of generic terms in Health Practitioner
Regulation National Law for purposes of this
jurisdiction
In the Health Practitioner Regulation National
Law (Tasmania)
"court of summary jurisdiction" means the
Magistrates Court or another court
exercising summary jurisdiction;
"magistrate" has the same meaning as in the
Magistrates Court Act 1987;
5
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
s. 6 Part 2 Adoption of Health Practitioner Regulation National Law
"magistrates court" has the same meaning as
in the Magistrates Court Act 1987;
"this jurisdiction" means Tasmania.
6. Responsible tribunal for Health Practitioner
Regulation National Law
The Magistrates Court (Civil Division) is a
responsible tribunal for the purposes of the
Health Practitioner Regulation National Law.
7. Exclusion of legislation of this jurisdiction
The following Acts of this jurisdiction do not
apply to the Health Practitioner Regulation
National Law (Tasmania) or to instruments made
under that Law:
(a) Acts Interpretation Act 1931;
(b) Audit Act 2008;
(c) Financial Management and Audit Act
1990;
(d) Freedom of Information Act 1991;
(e) Ombudsman Act 1978;
(f) Penalty Units and Other Penalties Act
1987;
6
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
Part 2 Adoption of Health Practitioner Regulation National Law s. 8
(g) Personal Information Protection Act
2004;
(h) State Service Act 2000;
(i) Subordinate Legislation Act 1992.
8. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of a provision of this Act.
7
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
s. 9 Part 3 Provisions Specific to This Jurisdiction
PART 3 PROVISIONS SPECIFIC TO THIS
JURISDICTION
9. Interpretation
In this Part
"former health practitioner registration
Act" means any of the following Acts:
(a) Chiropractors and Osteopaths
Registration Act 1997;
(b) Dental Practitioners Registration
Act 2001;
(c) Dental Prosthetists Registration
Act 1996;
(d) Medical Practitioners
Registration Act 1996;
(e) Nursing Act 1995;
(f) Optometrists Registration Act
1994;
(g) Pharmacists Registration Act
2001;
(h) Physiotherapists Registration Act
1999;
(i) Podiatrists Registration Act
1995;
8
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
Part 3 Provisions Specific to This Jurisdiction s. 10
(j) Psychologists Registration Act
2000;
"participation day", for this jurisdiction, has
the same meaning as in Part 12 of the
Health Practitioner Regulation National
Law (Tasmania).
10. Transfer of certain property exempt from duty
The transfer of any "dutiable property", within
the meaning of the Duties Act 2001, from a local
registration authority to the National Agency in
accordance with the Health Practitioner
Regulation National Law (Tasmania) is exempt
from duty under the Duties Act 2001.
11. Minister's directions
(1) The Minister may, by written notice given to a
local registration authority established under a
former health practitioner registration Act, direct
that authority
(a) to transfer any of the local registration
authority's funds to the National Agency
before the participation day for this
jurisdiction; and
(b) to give information to the National
Agency before the participation day for
this jurisdiction; and
9
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
s. 12 Part 3 Provisions Specific to This Jurisdiction
(c) to sign any documents that are required
to enable transition to the proposed
national registration and accreditation
scheme; and
(d) to take any action or do any other thing
required to enable transition to the
national registration and accreditation
scheme.
(2) A local registration authority is to comply with
any direction given by the Minister under
subsection (1).
12. Police commissioner may give criminal history
information
(1) The police commissioner may give criminal
history information to
(a) a National Board; or
(b) CrimTrac, or a police force or police
service of the Commonwealth or another
State, for the purpose of CrimTrac or the
police force or police service giving the
criminal history information to a
National Board.
(2) In this section
"criminal history information" means
information about a person's criminal
history that may be included in a written
10
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
Part 3 Provisions Specific to This Jurisdiction s. 12
report under the Health Practitioner
Regulation National Law (Tasmania).
11
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
s. 13 Part 4 Savings and Transitional Provisions
PART 4 SAVINGS AND TRANSITIONAL
PROVISIONS
13. Interpretation
In this Part
"former health practitioner registration
Act" has the same meaning as in Part 3;
"local registration authority" has the same
meaning as in Part 12 of the Health
Practitioner Regulation National Law
(Tasmania);
"participation day", for this jurisdiction, has
the same meaning as in Part 3.
14. Declarations of areas of need
A declaration of an area of need made under
section 21 of the Medical Practitioners
Registration Act 1996, and in force immediately
before the participation day for this jurisdiction,
continues in force on and after that day as if it
were made under the Health Practitioner
Regulation National Law (Tasmania).
15. Complaints being dealt with on participation day
(1) In this section
12
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
Part 4 Savings and Transitional Provisions s. 15
"former health practitioner Tribunal"
means any of the following:
(a) a disciplinary tribunal within the
meaning of the Pharmacists
Registration Act 2001 or the
Dental Practitioners Registration
Act 2001;
(b) the Professional Review Tribunal
established under the Nursing Act
1995;
(c) the Medical Complaints Tribunal
established under the Medical
Practitioners Registration Act
1996;
"investigating committee" means a
committee established under a former
health practitioner registration Act for the
purposes of investigating a complaint.
(2) Notwithstanding section 289 of the Health
Practitioner Regulation National Law
(Tasmania), if before the participation day for
this jurisdiction a local registration authority had
started, but not immediately before that day
completed, dealing with a complaint about a
person registered in a health profession by the
local registration authority
(a) the complaint is to be dealt with by the
National Board for the health profession;
and
13
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
s. 15 Part 4 Savings and Transitional Provisions
(b) the complaint is to continue to be dealt
with under the former health practitioner
registration Act under which it was
made; and
(c) if, in so dealing with the matter
(i) under the Nursing Act 1995 or the
Medical Practitioners
Registration Act 1996, the
National Board for the health
profession; or
(ii) under the Pharmacists
Registration Act 2001 or the
Dental Practitioners Registration
Act 2001, an investigating
committee established for the
complaint
considers that the matter should be
referred to a former health practitioner
Tribunal, the responsible tribunal may
deal with the matter as if it were the
former health practitioner Tribunal; and
(d) the responsible tribunal is to deal with
the matter under the relevant former
health practitioner registration Act under
which the complaint was made and may
make any decision that the former health
practitioner Tribunal could have made.
(3) Notwithstanding subsection (2), if before the
participation day for this jurisdiction a former
health practitioner Tribunal had started, but not
14
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
Part 4 Savings and Transitional Provisions s. 16
immediately before that day completed, hearing
a complaint referred to it by a local registration
authority, that Tribunal may continue to deal
with the matter under the relevant former health
practitioner registration Act under which the
complaint was made.
16. Annual reports
(1) Notwithstanding the repeal of a former health
practitioner registration Act, a local registration
authority must, not later than 60 days after the
participation day for this jurisdiction, give the
Minister a report of its operations for the period
commencing on 1 July immediately preceding
the participation day for this jurisdiction and
ending on that participation day.
(2) The report is to incorporate the audited statement
of accounts prepared for the period referred to in
subsection (1).
(3) The Minister may, in writing, direct the local
registration authority to prepare the report in a
particular way or to include particular
information in the report.
(4) The report may be appended to the annual report
of the Department.
(5) Subsection (4) has effect notwithstanding section
36(3) of the State Service Act 2000 or section
27(2) of the Financial Management and Audit
Act 1990.
15
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
s. 17 Part 4 Savings and Transitional Provisions
(6) If the local registration authority's report is not
appended to the annual report of the Department,
the Minister must cause the local registration
authority's report to be laid before each House of
Parliament by not later than 30 November after
the end of the financial year to which it relates.
17. References in other Acts
(1) A reference in any Act to a person registered
under the Health Practitioner Regulation
National Law (Tasmania) in a health profession,
however described, that enables or requires a
health practitioner to act in the course of his or
her profession does not include a student or a
person holding non-practising registration under
that Law.
(2) A reference in any Act to a person registered
under the Health Practitioner Regulation
National Law (Tasmania) in the pharmacy
profession does not include a person who holds
provisional registration under that Law unless
that Act otherwise provides.
16
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
Part 5 Miscellaneous s. 18
PART 5 MISCELLANEOUS
18. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Health; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Health
and Human Services.
19. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
20. Legislation rescinded
The legislation specified in Schedule 2 is
rescinded.
21. Legislation revoked
The legislation specified in Schedule 3 is
revoked.
17
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
sch. 1
SCHEDULE 1 LEGISLATION REPEALED
Section 19
Optometrists Registration Act 1994 (No. 87 of 1994)
Podiatrists Registration Act 1995 (No. 81 of 1995)
Nursing Act 1995 (No. 100 of 1995)
Medical Practitioners Registration Act 1996 (No. 2 of 1996)
Dental Prosthetists Registration Act 1996 (No. 56 of 1996)
Chiropractors and Osteopaths Registration Act 1997 (No. 48
of 1997)
Physiotherapists Registration Act 1999 (No. 106 of 1999)
Psychologists Registration Act 2000 (No. 9 of 2000)
Dental Practitioners Registration Act 2001 (No. 20 of 2001)
Medical Practitioners Registration Amendment Act 2004 (No.
18 of 2004)
Medical Practitioners Registration Amendment Act 2007 (No.
50 of 2007)
18
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
sch. 2
SCHEDULE 2 LEGISLATION RESCINDED
Section 20
Dental Prosthetists Registration (Fees) Regulations 2000 (No.
196 of 2000)
Physiotherapists Registration (Fees) Regulations 2000 (No.
199 of 2000)
Physiotherapists Registration (Fees) Amendment Regulations
2001 (No. 148 of 2001)
Dental Prosthetists Registration (Fees) Amendment
Regulations 2002 (No. 50 of 2002)
Dental Practitioners Registration (Fees) Regulations 2002
(No. 126 of 2002)
Chiropractors and Osteopaths Registration Regulations 2003
(No. 36 of 2003)
Dental Practitioners Registration (Fees) Amendment
Regulations 2003 (No. 134 of 2003)
Chiropractors and Osteopaths Registration Amendment
Regulations 2003 (No. 158 of 2003)
Physiotherapists Registration (Fees) Amendment Regulations
2003 (No. 170 of 2003)
Physiotherapists Registration (Fees) Amendment Regulations
2004 (No. 102 of 2004)
Dental Prosthetists Registration (Fees) Amendment
Regulations 2005 (No. 27 of 2005)
19
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
sch. 2
Optometrists Registration (Fees) Regulations 2005 (No. 92 of
2005)
Dental Practitioners Registration Regulations 2005 (No. 110
of 2005)
Nursing Regulations 2005 (No. 132 of 2005)
Chiropractors and Osteopaths Registration Amendment
Regulations 2006 (No. 18 of 2006)
Chiropractors and Osteopaths Registration (Fees) Regulations
2006 (No. 27 of 2006)
Dental Practitioners Registration (Fees) Amendment
Regulations 2006 (No. 104 of 2006)
Psychologists Registration (Fees) Regulations 2006 (No. 136
of 2006)
Optometrists Registration (Fees) Amendment Regulations
2006 (No. 140 of 2006)
Physiotherapists Registration Regulations 2007 (No. 51 of
2007)
Dental Prosthetists Registration (Fees) Amendment
Regulations 2007 (No. 90 of 2007)
Nursing (Fees) Regulations 2007 (No. 127 of 2007)
Chiropractors and Osteopaths Registration (Fees) Amendment
Regulations 2008 (No. 35 of 2008)
Medical Practitioners Registration (Fees) Regulations 2008
(No. 132 of 2008)
20
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
sch. 2
Podiatrists Registration (Fees) Regulations 2009 (No. 17 of
2009)
Dental Practitioners Registration (Fees) Amendment
Regulations 2009 (No. 93 of 2009)
Dental Practitioners Registration (Fees) Amendment
Regulations 2009 (No. 93 of 2009)
21
Health Practitioner Regulation National Law (Tasmania) Act
2009
Act No. of
sch. 3
SCHEDULE 3 LEGISLATION REVOKED
Section 21
Proclamation under the Optometrists Registration Act 1995
(No. 33 of 1995)
Proclamation under the Nursing Act 1996 (No. 45 of 1996)
Proclamation under the Medical Practitioners Registration
Act 1996 (No. 113 of 1996)
Proclamation under the Dental Prosthetists Registration Act
1996 (No. 221 of 1996)
Proclamation under the Chiropractors and Osteopaths
Registration Act 1997 (No. 65 of 1998)
Proclamation under the Physiotherapists Registration Act
1999 (No. 4 of 2000)
Proclamation under the Psychologists Registration Act 2000
(No. 174 of 2000)
Proclamation under the Dental Practitioners Registration Act
2001 (No. 108 of 2001)
Proclamation under the Medical Practitioners Registration
Amendment Act 2004 (No. 71 of 2004)
22 Government Printer, Tasmania