Health Practitioner Regulation National Law (NSW) No 86a
Current version for 28 November 2014 to date (accessed 22 December 2014 at 10:56)
Part 5A

Part 5A New South Wales Councils [NSW]

Note. This Part is an additional New South Wales provision.

Division 1 Preliminary [NSW]

41A   Definitions [NSW]

In this Part—

Council means a Council established under section 41B.

Executive Officer means the Executive Officer of a Council.

NSW regulation means a regulation made under section 247A.

Division 2 Councils [NSW]

41B   Establishment of Councils [NSW]

(1)  Each of the following Councils is established for the health profession listed beside that Council in the following Table—

Table—State Councils

Name of Council

Health profession

Aboriginal and Torres Strait Islander Health Practice Council of New South Wales

Aboriginal and Torres Strait Islander health practice

Chinese Medicine Council of New South Wales

Chinese medicine

Chiropractic Council of New South Wales

chiropractic

Dental Council of New South Wales

dental (including the profession of a dentist, dental hygienist, dental prosthetist, dental therapist or oral health therapist)

Medical Council of New South Wales

medical

Medical Radiation Practice Council of New South Wales

medical radiation practice

Nursing and Midwifery Council of New South Wales

nursing and midwifery

Occupational Therapy Council of New South Wales

occupational therapy

Optometry Council of New South Wales

optometry

Osteopathy Council of New South Wales

osteopathy

Pharmacy Council of New South Wales

pharmacy

Physiotherapy Council of New South Wales

physiotherapy

Podiatry Council of New South Wales

podiatry

Psychology Council of New South Wales

psychology

(2)  The Governor may, by order published on the NSW legislation website, amend the Table to subsection (1) by inserting, altering or omitting the name of a Council or health profession.
(3)  A Council—
(a)  is a body corporate with perpetual succession; and
(b)  has a common seal; and
(c)  may sue and be sued.

41C   General powers of Councils [NSW]

(1)  A Council has all the powers of an individual and, in particular, may do anything necessary or convenient to be done in the exercise of its functions.
(2)  However, a Council cannot employ staff.

41D   Functions of Councils [NSW]

A Council has and may exercise the functions conferred or imposed on it by or under this Law or another Act.

41E   Membership of Councils [NSW]

(1)  Each Council consists of the following members—
(a)  for a relevant Council—
(i)  the members prescribed by the NSW regulations; or
(ii)  if the members are not prescribed by the NSW regulations, the members specified in Part 1 of Schedule 5C for the relevant Council;
(b)  for a Council that is not a relevant Council, the members prescribed by the NSW regulations.
(2)  In this section—

relevant Council means each of the following Councils—

(a)  the Dental Council of New South Wales;
(b)  the Medical Council of New South Wales;
(c)  the Nursing and Midwifery Council of New South Wales;
(d)  the Pharmacy Council of New South Wales;
(e)  the Physiotherapy Council of New South Wales;
(f)  the Psychology Council of New South Wales.

41F   Committees [NSW]

(1)  A Council may establish committees to assist it in connection with the exercise of any of its functions.
(2)  The members of a committee need not be members of the Council.
(3)  The procedure for the calling of meetings of a committee and for the conduct of business at the meetings is—
(a)  as decided by the Council; or
(b)  subject to a decision of the Council, as decided by the committee.

41G   Councils’ complaint functions may be exercised by 2 or more members [NSW]

(1)  A Council may appoint any 2 or more members of the Council to exercise the functions of the Council under Division 3 of Part 8.
(2)  The referral of a complaint by the members appointed is taken to be a referral by the Council.

41H   Annual report [NSW]

(1)  An annual report prepared by a Council under the Annual Reports (Statutory Bodies) Act 1984 must include particulars of the following for the year to which it relates—
(a)  all complaints received by the Council during the year or received by the Council before that year but which, in the Council’s opinion had not, at the start of the year, been finally disposed of;
(b)  the action taken during the year in relation to complaints received by the Council and the results of that action up to the end of that year;
(c)  all matters referred to a Performance Review Panel for performance review during the year, or referred to a Panel before the year but which, in the Council’s opinion had not, at the start of the year, been finally disposed of;
(d)  the results of all performance reviews conducted by Performance Review Panels that were finally disposed of during the year.
(2)  Two or more Councils may decide to prepare a joint annual report under the Annual Reports (Statutory Bodies) Act 1984.
(3)  This section does not require the identity of a complainant, a person who notifies a professional performance matter to a Council, a person about whom a complaint is made or who is the subject of a performance review or any other person to be disclosed in an annual report.

41I   Information to be made available to public [NSW]

(1)  A Council for a health profession must ensure the following information, in relation to a registered health practitioner registered in the profession, is made available to the public on request—
(a)  any conditions imposed on the registration of the practitioner;
(b)  any other order made in respect of the practitioner under this Law.
(2)  Without limiting subsection (1), the Council is taken to have complied with that subsection if the information is available on the Register kept by the National Board for the health profession.
(3)  This section does not require a Council to disclose anything the Council considers relates solely or principally to the physical or mental capacity of a person to practise the person’s profession.

41J   Delegation by Council and Executive Officer [NSW]

(1)  A Council may delegate to a person the exercise of any of its functions, other than this power of delegation.
(2)  An Executive Officer of a Council may delegate to a person the exercise of—
(a)  any of the functions of the Executive Officer under this Law, other than this power of delegation; or
(b)  any functions delegated to the Executive Officer by the Council, unless the Council otherwise provides in its instrument of delegation to the Executive Officer.
(3)  In this section, a reference to a person includes a reference to a group of persons, including a committee.

41K   Service of documents on Councils [NSW]

(1)  A document (other than a complaint made under Part 8) may be served on a Council by leaving it at or sending it by post to an office of the Council.
(2)  This does not affect the operation of any provision of a law or of the rules of a court authorising a document to be served on a Council in another way.

41L   Authentication of certain documents [NSW]

A certificate, summons, process, demand, order, notice, statement, direction or other document requiring authentication by a Council may be sufficiently authenticated without the seal of the Council if signed by—
(a)  the President or the Executive Officer of the Council; or
(b)  an officer of the Council authorised to do so by the Executive Officer.

41M   Recovery of charges, fines, fees and other money by Councils [NSW]

A charge, fine, fee or other money due to a Council may be recovered by the Council as a debt in a court of competent jurisdiction.

41N   Proof of certain matters not required [NSW]

In any legal proceedings, proof is not required (until evidence is given to the contrary) of—
(a)  the establishment of a Council; or
(b)  any resolution of a Council; or
(c)  the appointment of, or the holding of office by, a member of a Council; or
(d)  the presence of a quorum at a meeting of a Council.

Division 3 Proceedings of Councils [NSW]

41O   Other matters to be taken into account [NSW]

In the exercise of any of its functions under Subdivision 2 or 7 of Division 3 of Part 8 with respect to a complaint about a registered health practitioner or a student, a Council must have regard to any of the following matters, to the extent the Council reasonably considers the matter to be relevant to the complaint—
(a)  another complaint or notification about the practitioner or student made to the Council or the National Agency, or made to a former Board under a repealed Act, including a complaint—
(i)  in respect of which the Council, the Commission or a National Board has decided no further action should be taken; and
(ii)  that is not required to be referred, or that the Council or the Commission decides not to refer, under Division 3 of Part 8;
(b)  a previous finding or decision of a Council inquiry in relation to the practitioner or student;
(c)  a previous finding or decision of a board inquiry, professional standards committee or a tribunal established under a repealed Act in respect of the practitioner or student;
(d)  a written report made by an assessor following an assessment of the practitioner’s professional performance;
(e)  a recommendation made, or written statement of decision on a performance review provided, by a Performance Review Panel in relation to the practitioner.

41P   Exercise of functions with consent [NSW]

(1)  A Council may exercise any of its functions under this Law with respect to a registered health practitioner or student with the written consent of the practitioner or student.
(2)  A function exercised by the Council with the consent of the registered health practitioner or student may be exercised even though a condition otherwise required to be met or procedures otherwise required to be followed before its exercise have not been met or followed.
(3)  If the registered health practitioner or student withdraws the practitioner’s or student’s consent, the Council must take the action necessary to give effect to the withdrawal.

Division 4 Administration [NSW]

41Q   Executive Officer [NSW]

(1)  There is an Executive Officer of each Council.
(2)  The Executive Officer—
(a)  is responsible, as the chief executive officer of the Council, for the management of the affairs of the Council subject to any directions of the Council; and
(b)  has and may exercise other functions conferred or imposed on the Executive Officer by or under this Law or any other Act.
(3)  The Executive Officer of a Council must keep a record of—
(a)  all proceedings and decisions of Committees to which the Council refers matters; and
(b)  (Repealed)
(c)  all inquiries held by the Council.

Division 5 Finance [NSW]

41R   Financial provisions [NSW]

The Executive Officer of a Council must give to the Health Administration Corporation constituted under the Health Administration Act 1982, for payment into an account established under section 13A of that Act, all money received by the Council.

41S   Education and Research Account [NSW]

(1)  A Council may establish an account named the ‘[name of Council] Education and Research Account’.
(2)  The Council must pay into its Education and Research Account the amounts decided by the Minister from time to time.
(3)  The Minister may not decide an amount under this section without first consulting with the Council.
(4)  Money in the Education and Research Account may be expended by the Council for or towards the following purposes—
(a)  any purpose relating to education and research about the health, performance and conduct of registered health practitioners or students registered in the health profession for which the Council is established;
(b)  meeting administrative expenditure incurred with respect to the Education and Research Account and the purposes for which it is used.
(5)  An expenditure of money under this section must not be made unless it is authorised by a resolution of the Council supported by two-thirds of the members of the Council.

41T   Medical Council to pay expenses of Medical Services Committee [NSW]

The reasonable expenses of the Medical Services Committee established under the Health Administration Act 1982 are to be paid out of the account established under section 13A of that Act for the Medical Council of New South Wales.
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