Division 1 National Boards

31   Establishment of National Boards

(1)  Each of the following National Health Practitioner Boards is established for the health profession listed beside that Board in the following Table—

Table—National Boards

Name of Board	Health profession
Aboriginal and Torres Strait Islander Health Practice Board of Australia	Aboriginal and Torres Strait Islander health practice
Chinese Medicine Board of Australia	Chinese medicine
Chiropractic Board of Australia	chiropractic
Dental Board of Australia	dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist or oral health therapist)
Medical Board of Australia	medical
Medical Radiation Practice Board of Australia	medical radiation practice
Nursing and Midwifery Board of Australia	nursing and midwifery
Occupational Therapy Board of Australia	occupational therapy
Optometry Board of Australia	optometry
Osteopathy Board of Australia	osteopathy
Pharmacy Board of Australia	pharmacy
Physiotherapy Board of Australia	physiotherapy
Podiatry Board of Australia	podiatry
Psychology Board of Australia	psychology

(2)  A National Board—

(a)  is a body corporate with perpetual succession; and

(b)  has a common seal; and

(c)  may sue and be sued in its corporate name.

(3)  A National Board represents the State.

32   Powers of National Board

(1)  Subject to subsection (2), a National Board has the powers necessary to enable it to exercise its functions.

(2)  A National Board does not have power to—

(a)  enter into contracts; or

(b)  employ staff; or

(c)  acquire, hold, dispose of, and deal with, real property.

(3)  The National Board may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—

(a)  a government agency of a participating jurisdiction or of the Commonwealth;

(b)  a local registration authority;

(c)  a co-regulatory authority;

(d)  a health complaints entity;

(e)  an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.

(4)  In particular, the National Board may—

(a)  ask an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and

(b)  use the information to exercise its functions under this Law.

(5)  An entity referred to in subsection (3) that receives a request for information from the National Board is authorised to give the information to the National Board.

33   Membership of National Boards

(1)  A National Board is to consist of members appointed in writing by the Ministerial Council.

(2)  Members of a National Board are to be appointed as practitioner members or community members.

(3)  Subject to this section, the Ministerial Council may decide the size and composition of a National Board.

(4)  At least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members.

(5)  The practitioner members of a National Board must consist of—

(a)  at least one member from each large participating jurisdiction; and

(b)  at least one member from a small participating jurisdiction.

(6)  At least 2 of the members of a National Board must be persons appointed as community members.

(7)  At least one of the members of a National Board must live in a regional or rural area.

(8)  A person cannot be appointed as a member of a National Board if the person is a member of the Agency Management Committee.

(9)  One of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council.

(10)  Schedule 4 sets out provisions relating to a National Board.

(11)  In this section—

large participating jurisdiction means any of the following States that is a participating jurisdiction—

(a)  New South Wales;

(b)  Queensland;

(c)  South Australia;

(d)  Victoria;

(e)  Western Australia.

small participating jurisdiction means any of the following States or Territories that is a participating jurisdiction—

(a)  the Australian Capital Territory;

(b)  the Northern Territory;

(c)  Tasmania.

34   Eligibility for appointment

(1)  In deciding whether to appoint a person as a member of a National Board, the Ministerial Council is to have regard to the skills and experience of the person that are relevant to the Board’s functions.

(2)  A person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in the health profession for which the Board is established.

(3)  A person is eligible to be appointed as a community member of a National Board only if the person—

(a)  is not a registered health practitioner in the health profession for which the Board is established; and

(b)  has not at any time been registered as a health practitioner in the health profession under this Law or a corresponding prior Act.

(4)  A person is not eligible to be appointed as a member of a National Board if—

(a)  in the case of appointment as a practitioner member, the person has ceased to be registered as a health practitioner in the health profession for which the Board is established, whether before or after the commencement of this Law, as a result of the person’s misconduct, impairment or incompetence; or

(b)  in any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member.