Health Practitioner Regulation National Law (NSW) No 86a
Current version for 28 November 2014 to date (accessed 19 December 2014 at 18:59)
Part 12

Part 12 Transitional provisions

Division 1 Preliminary

250   Definitions

In this Part—

commencement day means 1 July 2010.

local registration authority means an entity that had functions under a law of a participating jurisdiction that included the registration of persons as health practitioners.

participation day, for a participating jurisdiction, means—

(a)  for a health profession other than a relevant health profession—
(i)  1 July 2010; or
(ii)  the later day on which the jurisdiction became a participating jurisdiction; or
(b)  for a relevant health profession, 1 July 2012.

relevant health profession means—

(a)  Aboriginal and Torres Strait Islander health practice; or
(b)  Chinese medicine; or
(c)  medical radiation practice; or
(d)  occupational therapy.

repealed Law means the Health Practitioner Regulation (Administrative Arrangements) National Law set out in the Schedule to the Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008 of Queensland.

251   References to registered health practitioners

(1)  A reference in an Act of a participating jurisdiction, or another instrument, to the Health Practitioner Regulation (Administrative Arrangements) National Law may, if the context permits, be taken to be a reference to this Law.
(2)  A reference in an Act of a participating jurisdiction, or another instrument, to a health practitioner registered in a health profession under a corresponding prior Act may, if the context permits, be taken after the participation day to be a reference to a health practitioner registered in the health profession under this Law.

Division 2 Ministerial Council

252   Directions given by Ministerial council

A direction given by the Ministerial Council to the National Agency or a National Board under the repealed Law, and in force immediately before the commencement day, is taken from the commencement day to be a direction given by the Ministerial Council under this Law.

253   Accreditation functions exercised by existing accreditation entities

(1)  This section applies to an entity that, immediately before the commencement day, was an entity appointed by the Ministerial Council under the repealed Law to exercise functions with respect to accreditation for a health profession under the national registration and accreditation scheme.
(2)  From the commencement day, the entity is taken to have been appointed under this Law to exercise the functions for the health profession.
(3)  An accreditation standard approved by the entity for a health profession, and in force immediately before the commencement day, is taken to be an approved accreditation standard for the health profession under this Law.
(4)  The National Board established for the health profession must, not later than 3 years after the commencement day, review the arrangements for the exercise of accreditation functions for the health profession.
(5)  The National Board must ensure the process for the review includes wide-ranging consultation about the arrangements for the exercise of the accreditation functions.
(6)  If an entity is taken under subsection (2) to have been appointed to exercise an accreditation function for a health profession, the National Board established for the profession must not, before the day that is 3 years after the commencement day, end that entity’s appointment.

254   Health profession standards approved by Ministerial Council

A health profession standard approved by the Ministerial Council under the repealed Law is taken from the commencement day to be an approved registration standard under this Law.

255   Accreditation standards approved by National Board

An accreditation standard approved by a National Board under the repealed Law is taken from the commencement day to be an approved accreditation standard under this Law.

Division 3 Advisory Council

256   Members of Advisory Council

(1)  A person who was, immediately before the commencement day, a member of the Australian Health Workforce Advisory Council under the repealed Law is taken to be a member of the Advisory Council under this Law.
(2)  Without limiting subsection (1), a member of the Advisory Council continues to hold office—
(a)  on the same terms and conditions that applied to the member’s appointment under the repealed Law; and
(b)  until the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.
(3)  The person who, immediately before the commencement day, held office as Chairperson of the Australian Health Workforce Advisory Council under the repealed Law continues to hold office as Chairperson of the Advisory Council under this Law.

Division 4 National Agency

257   Health profession agreements

From the commencement day, a health profession agreement entered into by the Australian Health Practitioner Regulation Agency and in force immediately before the commencement day is taken to be a health profession agreement entered into by the National Agency under this Law.

258   Service agreement

(1)  This section applies if, immediately before the participation day for a participating jurisdiction—
(a)  a local registration authority in that jurisdiction exercised functions in relation to related health professionals; or
(b)  a local registration authority in that jurisdiction was a party to a service agreement for an entity to provide administrative or operational support to the authority and the entity also provided support under a service agreement to an authority that registers related health professionals.
(2)  From the participation day for the participating jurisdiction, the National Agency may enter into an agreement with the authority that is responsible for registering the related health professionals to provide services to the authority.
(3)  In this section—

related health professionals means persons who practise a profession providing health services that is not a health profession under this Law.

Division 5 Agency Management Committee

259   Members of Agency Management Committee

(1)  A person who was, immediately before the commencement day, a member of the Australian Health Practitioner Regulation Agency Management Committee under the repealed Law is taken to be a member of the Agency Management Committee appointed under this Law.
(2)  Without limiting subsection (1), a member of the Agency Management Committee continues to hold office—
(a)  on the same terms and conditions that applied to the person’s appointment under the repealed Law; and
(b)  until the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.
(3)  The person who, immediately before the commencement day, held office as Chairperson of the Australian Health Practitioner Regulation Agency Management Committee under the repealed Law continues to hold office as Chairperson of the Agency Management Committee under this Law.

Division 6 Staff, consultants and contractors of National Agency

260   Chief executive officer

The person who, immediately before the commencement day, held office as chief executive officer of the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been appointed as the chief executive officer of the National Agency under this Law on the same terms and conditions that applied to the person’s appointment under the repealed Law.

261   Staff

(1)  A person who, immediately before the commencement day, was employed by the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been employed by the National Agency under this Law.
(2)  A secondment arrangement in force immediately before the commencement day is taken, from the commencement day, to have been made by the National Agency under this Law.
(3)  In this section—

secondment arrangement means an arrangement made under the repealed Law by the Australian Health Practitioner Regulation Agency for the services of any staff of a government agency of a participating jurisdiction or the Commonwealth.

262   Consultants and contractors

A person who, immediately before the commencement day, was a consultant or contractor engaged by the Australian Health Practitioner Regulation Agency under the repealed Law is taken, from the commencement day, to have been engaged by the National Agency under this Law.

Division 7 Reports

263   Annual report

Sections 35 and 36 of the repealed Law continue to apply to the preparation and submission of the first annual report of the Australian Health Practitioner Regulation Agency as if this Law had not commenced.

Division 8 National Boards

264   Members of National Boards

(1)  A person who was, immediately before the commencement day, a member of a National Health Practitioner Board under the repealed Law is taken to be a member of the National Board of the same name under this Law.
(2)  Without limiting subsection (1), a member of a National Board holds office—
(a)  on the same terms and conditions that applied to the person’s appointment under the repealed Law; and
(b)  until the day the member’s term of appointment under the repealed Law would have ended or the earlier day the member otherwise vacates office under this Law.
(3)  A person who, immediately before the commencement day, held office as Chairperson of a National Health Practitioner Board is taken, from the commencement day, to hold office as Chairperson of the National Board of the same name.

265   Committees

(1)  From the commencement day, a committee established by a National Health Practitioner Board under the repealed Law and in existence immediately before the commencement day is taken to be a committee established under this Law by the National Board of the same name.
(2)  A person who, immediately before the commencement day, held office as a member of a committee established by a National Health Practitioner Board under the repealed Law is taken, from the commencement day, to hold office as a member of the committee as continued in existence under subsection (1).

266   Delegation

(1)  This section applies if, under the repealed Law—
(a)  a National Health Practitioner Board had delegated any of its functions to a committee or the Australian Health Practitioner Regulation Agency and the delegation was in force immediately before the commencement day; or
(b)  the Australian Health Practitioner Regulation Agency had subdelegated a function delegated to it by a National Health Practitioner Board to a member of the Agency’s staff and the subdelegation was in force immediately before the commencement day.
(2)  From the commencement day, the delegation or subdelegation continues as if it were a delegation or subdelegation under this Law.

Division 9 Agency Fund

267   Agency Fund

From the commencement day, the Australian Health Practitioner Regulation Agency Fund established by the repealed Law is taken to be the Agency Fund established by this Law.

Division 10 Offences

268   Offences

Proceedings for an offence against the repealed Law may be started or continued as if this Law had not commenced.

Division 11 Registration

269   General registration

(1)  This section applies to a person who, immediately before the participation day for a participating jurisdiction, held general registration (however described) in a health profession under the law of that jurisdiction.
(2)  From the participation day, the person is taken to hold general registration under this Law in the health profession.
(3)  In this section—

general registration includes—

(a)  full registration, unconditional registration and registration without conditions; and
(b)  enrolment, unconditional enrolment and enrolment without conditions.

270   Specialist registration

(1)  This section applies if—
(a)  immediately before the participation day for a participating jurisdiction, a person was a specialist health practitioner in a specialty in a health profession under the law of that jurisdiction; and
(b)  from the participation day—
(i)  the specialty is a recognised specialty in the health profession under this Law; or
(ii)  a recognised specialty in the health profession under this Law includes, or is equivalent to, the specialty.
(2)  From the participation day, the person is taken to hold specialist registration in the recognised specialty in the health profession under this Law.
(3)  In this section—

corresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which limited registration may be granted under this Law.

specialist health practitioner, in a specialty in a health profession, means a person who held specialist registration in, or was endorsed or otherwise authorised to practise, the specialty in the health profession but does not include a person who held registration to practise the profession only for a corresponding purpose.

271   Provisional registration

(1)  This section applies to a person who, immediately before the participation day for a participating jurisdiction, held registration (however described) under a law of that jurisdiction to enable the person to complete a period of supervised practice or internship in a health profession required for the person to be eligible for general registration (however described) in the profession.
(2)  From the participation day, the person is taken to hold provisional registration in the health profession under this Law.

272   Limited registration

(1)  This section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted for the practice of the health profession only for a corresponding purpose.
(2)  From the participation day, the person is taken to hold limited registration in the health profession for that purpose under this Law.
(3)  In this section—

corresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which limited registration may be granted under this Law.

273   Limited registration (public interest-occasional practice)

(1)  This section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted—
(a)  subject to the following conditions limiting the scope of the person’s practise of the profession—
(i)  the person must not practise the profession other than—
(A)  to refer a person to another registered health practitioner; or
(B)  to prescribe scheduled medicines in specified circumstances; and
(ii)  the person must not receive a fee or other benefit for providing a service referred to in subparagraph (i); or
(b)  on the basis the person had indicated the person was retired from regular practise and intended only to practise on an occasional basis.
(2)  From the participation day, the person is taken to hold limited registration in the public interest under this Law for the limited scope that applied to the person’s practise of the health profession immediately before the participation day.

274   Non-practising registration

(1)  This section applies to a person who, immediately before the participation day for a participating jurisdiction, held a type of registration (however described) in a health profession under the law of that jurisdiction that was granted subject to the condition that the person must not practise the profession.
(2)  From the participation day, the person is taken to hold non-practising registration in the health profession under this Law.

275   Registration for existing registered students

(1)  This section applies if, immediately before the participation day for a participating jurisdiction, a person held registration as a student in a health profession under the law of that jurisdiction.
(2)  From the participation day, the person is taken to hold student registration in the health profession under this Law.

276   Registration for new students

(1)  This section applies in relation to a person who, immediately before the participation day for a participating jurisdiction—
(a)  was a student undertaking a program of study, provided by an education provider located in the jurisdiction, that from the participation day is an approved program of study for a health profession; and
(b)  was not required under the law of that jurisdiction to be registered as a student in the health profession to undertake the program of study or any part of the program, including any clinical training or other practice of the profession related to undertaking the program.
(2)  Despite Division 7 of Part 7, the National Board established for the health profession is not required before 1 March 2011 to register the student in the profession.

277   Other registrations

(1)  This section applies if—
(a)  immediately before the participation day for a participating jurisdiction, a class of persons held a type of registration in, or was endorsed or otherwise authorised to practise, a health profession under the law of that jurisdiction; and
(b)  from the participation day, persons in that class are not registered, endorsed or otherwise authorised to practise the profession by another provision of this Division.
(2)  From the participation day, persons in that class are taken to hold the type of registration in the health profession that is specified for the class of persons in the registration transition plan prepared under subsection (3) by the National Board established for that profession.
(3)  Before the participation day, each National Board must prepare a registration transition plan that includes details of the type of registration that is to be held under this Law by a class of persons referred to in subsection (1).
(4)  In preparing a registration transition plan, a National Board must—
(a)  comply with any directions given by the Ministerial Council that are relevant to the transitional arrangements for the registration of the class of persons; and
(b)  have regard to the principle that persons in the class are to be given the widest possible scope of practice of the profession that is consistent with—
(i)  the authority the class of persons had to practise the profession before the participation day; and
(ii)  the protection of the safety of the public.

278   Endorsements

(1)  This section applies to a person who, immediately before the participation day for a participating jurisdiction—
(a)  held a type of registration in that jurisdiction in a health profession for a corresponding purpose; or
(b)  held general registration in that jurisdiction in a health profession that had been endorsed for a corresponding purpose.
(2)  From the participation day, the person is taken to hold general registration in the health profession that has been endorsed under this Law for the purpose that is equivalent to, or substantially equivalent to, the corresponding purpose.
(3)  In this section—

corresponding purpose means a purpose that is equivalent to, or substantially equivalent to, a purpose for which an endorsement may be granted under this Law.

279   Conditions imposed on registration or endorsement

(1)  This section applies if—
(a)  a person is taken to be registered under this Law, or the person’s registration under this Law is taken to be endorsed, because of the person’s registration or endorsement under the law of a participating jurisdiction before the participation day for the jurisdiction; and
(b)  the person’s registration or endorsement under the law of that jurisdiction was, immediately before the participation day, subject to a condition—
(i)  whether described as a condition, restriction or otherwise; and
(ii)  whether imposed by or under an Act of that jurisdiction.
(2)  From the participation day, the person’s registration or endorsement under this Law is taken to be subject to the same condition.

280   Expiry of registration and endorsement

(1)  This section applies if, under this Division, a person is taken to be registered under this Law because of the person’s registration or endorsement under the law of a participating jurisdiction.
(2)  The person’s registration, and any endorsement of the registration, expires on—
(a)  if the person was registered in more than one participating jurisdiction, the end of the latest day on which under the law of a participating jurisdiction—
(i)  any of the registrations would have expired; or
(ii)  an annual registration fee for any of the registrations would have become payable; or
(b)  otherwise, at the end of the day on which under the law of the participating jurisdiction—
(i)  the registration would have expired; or
(ii)  an annual registration fee for the registration would have become payable.
(3)  Subsection (2) does not prevent a National Board suspending or cancelling the person’s registration under this Law.

281   Protected titles for certain specialist health practitioners

(1)  This section applies if—
(a)  immediately before the participation day for a participating jurisdiction, a person held specialist registration in a health profession in that jurisdiction; and
(b)  on the participation day the health profession is not a profession for which specialist recognition operates under this Law.
(2)  Despite section 118, the person does not commit an offence during the transition period merely because the person takes or uses—
(a)  the title “specialist health practitioner”; or
(b)  another title the person was entitled to use under the law of the participating jurisdiction as in force immediately before the participation day.
(3)  In this section—

transition period means the period—

(a)  starting at the beginning of the commencement day; and
(b)  ending at the end of the day that is 3 years after the commencement day.

282   First renewal of registration or endorsement

(1)  This section applies if—
(a)  a health practitioner’s registration or endorsement expires under section 280; and
(b)  the National Board decides to renew the health practitioner’s registration or endorsement under section 112.
(2)  Despite section 112(6), the National Board may decide that the period for which the registration or endorsement is renewed is a period of not more than 2 years.

283   Programs of study

(1)  This section applies if, immediately before the participation day for a participating jurisdiction, a program of study provided a qualification for registration in a health profession in that jurisdiction.
(2)  From the participation day, the program of study is taken to be an approved program of study for that health profession as if it had been approved under this Law.
(3)  The National Agency must, as soon as practicable after the participation day, include an approved program of study under subsection (2) in the list published under section 49(5).

284   Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery

(1)  During the transition period, a midwife does not contravene section 129(1) merely because the midwife practises private midwifery if—
(a)  the practise occurs in a participating jurisdiction in which, immediately before the participation day for that jurisdiction, a person was not prohibited from attending homebirths in the course of practising midwifery unless professional indemnity insurance arrangements were in place; and
(b)  informed consent has been given by the woman in relation to whom the midwife is practising private midwifery; and
(c)  the midwife complies with any requirements set out in a code or guideline approved by the National Board under section 39 about the practise of private midwifery, including—
(i)  any requirement in a code or guideline about reports to be provided by midwives practising private midwifery; and
(ii)  any requirement in a code or guideline relating to the safety and quality of the practise of private midwifery.
(2)  A midwife who practises private midwifery under this section is not required to include in an annual statement under section 109 a declaration required by subsection (1)(a)(iv) and (v) of that section in relation to the midwife’s practise of private midwifery during a period of registration that is within the transition period.
(3)  For the purposes of this section, the transition period—
(a)  starts on 1 July 2010; and
(b)  ends on the prescribed day.
(4)  If the National Board decides appropriate professional indemnity arrangements are available in relation to the practice of private midwifery, the Board may recommend to the Ministerial Council that the transition period, and the exemption provided by this section during the transition period, should end.
(5)  In this section—

homebirth means a birth in which the mother gives birth at her own home or another person’s home.

informed consent means written consent given by a woman after she has been given a written statement by a midwife that includes—

(a)  a statement that appropriate professional indemnity insurance arrangements will not be in force in relation to the midwife’s practise of private midwifery; and
(b)  any other information required by the National Board.

midwife means a person whose name is included in the Register of Midwives kept by the National Board.

National Board means the Nursing and Midwifery Board of Australia.

private midwifery means practising the nursing and midwifery profession—

(a)  in the course of attending a homebirth; and
(b)  without appropriate professional indemnity insurance arrangements being in force in relation to that practise; and
(c)  other than as an employee of an entity.

transition period means the period referred to in subsection (3).

Division 12 Applications for registration and endorsement

285   Applications for registration

(1)  This section applies if, immediately before the participation day for a participating jurisdiction, an application for registration or renewal of registration in a health profession had been made to a local registration authority for the jurisdiction but not decided.
(2)  From the participation day, the application is taken to have been made under this Law to the National Board for the health profession.

286   Applications for endorsement

(1)  This section applies if, immediately before the participation day for a participating jurisdiction, an application for endorsement or renewal of an endorsement of a registration in a health profession had been made to a local registration authority for the jurisdiction but not decided.
(2)  From the participation day, the application is taken to have been made under this Law to the National Board for the health profession.

287   Disqualifications and conditions relevant to applications for registration

(1)  This section applies if—
(a)  under a corresponding prior Act or another law of a participating jurisdiction, a person’s registration in a health profession had been cancelled in that jurisdiction by an entity; and
(b)  in cancelling the person’s registration the entity also made any of the following decisions—
(i)  a decision to set a period during which the person was disqualified from applying for registration, or being registered, in a health profession in the participating jurisdiction;
(ii)  a decision to set conditions under which the person might reapply for registration in the profession;
(iii)  a decision to set conditions that must be imposed on any future registration of the person in the profession; and
(c)  immediately before the participation day, the decision was still in force.
(2)  From the participation day, the decision continues as if it had been made under this Law by the responsible tribunal for the participating jurisdiction.

Division 13 Complaints, notifications and disciplinary proceedings

288   Complaints and notifications made but not being dealt with on participation day

(1)  This section applies if, immediately before the participation day for a participating jurisdiction, a local registration authority for the jurisdiction had received but not started dealing with a complaint or notification about a person registered in a health profession by the authority.
(2)  From the participation day, the complaint or notification is taken to be a notification made under this Law to the National Agency.
(3)  This section does not apply to a co-regulatory jurisdiction.

289   Complaints and notifications being dealt with on participation day

(1)  This section applies if, immediately before the participation day for a participating jurisdiction, a local registration authority for the jurisdiction had started but not completed dealing with a complaint or notification about a person registered in a health profession by the authority.
(2)  From the participation day—
(a)  the complaint or notification is taken to be a notification made under this Law and is to be dealt with by the National Board for the health profession; and
(b)  the notification is to continue to be dealt with under the Act of the participating jurisdiction under which it was made, and any proceedings or appeal relating to the notification may be dealt with, as if that Act had not been repealed.
(3)  For the purposes of this section, the Act of the participating jurisdiction applies—
(a)  as if a reference to the local registration authority were a reference to the National Board; and
(b)  with any other changes that are necessary or convenient.
(4)  The National Board must give effect to a decision made on an inquiry, investigation, proceeding or appeal completed under the Act of the participating jurisdiction as if it were a decision under this Law.
(5)  This section does not apply to a co-regulatory jurisdiction.

290   Effect of suspension

(1)  This section applies if—
(a)  because of another provision of this Part, a person is taken to be registered under this Law; and
(b)  immediately before the participation day for the participating jurisdiction in which the person was registered under a corresponding prior Act, the person’s registration was suspended under a law of that jurisdiction.
(2)  From the participation day, the person’s registration is taken to have been suspended under this Law.

291   Undertakings and other agreements

(1)  This section applies if, immediately before the participation day for a participating jurisdiction, an undertaking or other agreement between a person registered under a corresponding prior Act and the local registration authority for a health profession was in force.
(2)  From the participation day, the undertaking or other agreement is taken to have been entered into under this Law between the person and the National Board established for the health profession.

292   Orders

(1)  This section applies if—
(a)  under a corresponding prior Act of a participating jurisdiction, an adjudication body had, at the end of a proceeding before the adjudication body about a health practitioner’s practice or conduct, ordered the health practitioner to do, or refrain from doing, something; and
(b)  immediately before the participation day, the order was still in force.
(2)  From the participation day, the order continues in force as if it had been made under this Law.
(3)  In this section—

adjudication body means a court, tribunal, panel or local registration authority.

293   

Note. This section is not applicable to New South Wales.

Division 14 Local registration authority

294   Definition

In this Division—

transfer day, for a participating jurisdiction, means—

(a)  for a health profession other than a relevant health profession—
(i)  1 July 2010; or
(ii)  the later day on which the jurisdiction became a participating jurisdiction; or
(b)  for a relevant health profession, 1 July 2012.

295   

Note. This section is not applicable to New South Wales.

296   Records relating to registration and accreditation

(1)  This section applies to a record of a local registration authority for a health profession in a participating jurisdiction that relates to the authority’s functions in relation to the following—
(a)  the registration of individuals;
(b)  
Note. This paragraph is not applicable to New South Wales.
(c)  accreditation of courses that qualify individuals for registration.
(2)  From the transfer day for the participating jurisdiction, the record is taken to be a record of the National Board for the health profession.

297   

Note. This section is not applicable to New South Wales.

298   

Note. This section is not applicable to New South Wales.

299   Members of local registration authority

(1)  This section applies if, in anticipation of a jurisdiction becoming a participating jurisdiction, a National Board established for a health profession establishes a State or Territory Board for the jurisdiction.
(2)  A person who, immediately before the State or Territory Board was established, was a member of the local registration authority for the profession in the participating jurisdiction is taken to be a member of the State or Territory Board.
(3)  Section 36(5) and (6) do not apply to the membership of a State or Territory Board for a jurisdiction for 12 months after the jurisdiction becomes a participating jurisdiction.
Note. Section 36(5) and (6) provide requirements for the number of practitioner members and community members required by a State or Territory Board.

Division 15 Staged commencement for certain health professions

300   Application of Law to relevant health profession between commencement and 1 July 2012

(1)  This Law does not apply with respect to a relevant health profession during the period starting on the commencement day and ending on 30 June 2011.
(2)  The following Parts of this Law do not apply with respect to a relevant health profession during the period starting on 1 July 2011 and ending on 30 June 2012—
(a)  Part 7, other than Division 10;
(b)  Parts 8 to 11.
(3)  Despite subsection (2)(a), a person does not commit an offence against a provision of Division 10 of Part 7 merely because, before 1 July 2012, the person—
(a)  takes or uses a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate that the person is authorised or qualified to practise in a relevant health profession; or
(b)  uses a title that is listed in the Table to section 113 opposite a relevant health profession.

301   Ministerial Council may appoint external accreditation entity

(1)  The Ministerial Council may appoint an entity, other than a committee established by a National Board, to exercise an accreditation function for a relevant health profession.
(2)  Without limiting subsection (1), an entity that accredited courses for the purposes of registration in a relevant health profession under a corresponding prior Act may be appointed to exercise an accreditation function for the profession under this Law.
(3)  The National Board established for the health profession must, not later than 1 July 2015, review the arrangements for the exercise of the accreditation functions for the health profession.
(4)  The National Board must ensure the process for the review includes wide-ranging consultation about the arrangements for the exercise of the accreditation functions.
(5)  If an entity is appointed under subsection (1) to exercise an accreditation function for a health profession, the National Board established for the profession must not, before 1 July 2015, end that entity’s appointment.

302   Application of Law to appointment of first National Board for relevant professions

Despite section 34(2), a person is eligible for appointment as a practitioner member of the first National Board for a relevant health profession if the person—
(a)  is registered in the profession under a law of a participating jurisdiction; or
(b)  holds a qualification that entitles the person to registration in the profession under a law of a participating jurisdiction; or
(c)  is otherwise eligible to apply for or hold registration in the profession under the law of a participating jurisdiction.

303   Qualifications for general registration in relevant profession

(1)  For the purposes of section 52(1)(a), an individual who applies for registration in a relevant health profession before 1 July 2015 is qualified for general registration in the profession if the individual—
(a)  holds a qualification or has completed training in the profession, whether in a participating jurisdiction or elsewhere, that the National Board established for the profession considers is adequate for the purposes of practising the profession; or
(b)  holds a qualification or has completed training in the profession, whether in a participating jurisdiction or elsewhere, and has completed any further study, training or supervised practice in the profession required by the Board for the purposes of this section; or
(c)  has practised the profession at any time between 1 July 2002 and 30 June 2012 for a consecutive period of 5 years or for any periods which together amount to 5 years.
(2)  This section applies despite section 53.

304   Relationship with other provisions of Law

This Division applies despite any other provision of this Law but does not affect the operation of clause 30 of Schedule 7.

Division 16 Savings and transitional regulations

305   Savings and transitional regulations

(1)  The regulations may contain provisions (savings and transitional provisions) of a savings or transitional nature—
(a)  consequent on the enactment of this Law in a participating jurisdiction; or
(b)  to otherwise allow or facilitate the change from the operation of a law of the participating jurisdiction relating to health practitioners to the operation of this Law.
(2)  Savings and transitional provisions may have retrospective operation to a day not earlier than the participation day for that participating jurisdiction.
(3)  This section and any savings and transitional provisions expire on 30 June 2015.
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