Health Practitioner Regulation National Law (NSW) No 86a
Current version for 24 November 2014 to date (accessed 29 November 2014 at 19:31)
Part 7Division 7Subdivision 1

Subdivision 1 Persons undertaking approved programs of study

86   Definitions

In this Subdivision—

approved program of study, for a health profession, does not include an approved program of study that provides a qualification for endorsement of registration in the profession but does not qualify a person for registration in the profession.

particulars means particulars required to be included in the student register.

87   National Board must register persons undertaking approved program of study

(1)  The National Board established for a health profession must decide whether persons who are undertaking an approved program of study for the health profession must be registered—
(a)  for the entire period during which the persons are enrolled in the approved program of study; or
(b)  for the period starting when the persons begin a particular part of the approved program of study and ending when the persons complete, or otherwise cease to be enrolled in, the program.
(2)  In deciding whether to register persons undertaking an approved program of study for the entire period of the program of study or only part of the period, the National Board must have regard to—
(a)  the likelihood that persons undertaking the approved program of study will, in the course of undertaking the program, have contact with members of the public; and
(b)  if it is likely that the persons undertaking the approved program of study will have contact with members of the public—
(i)  when in the approved program of study it is likely the persons will have contact with members of the public; and
(ii)  the potential risk that contact may pose to members of the public.

88   National Board may ask education provider for list of persons undertaking approved program of study

(1)  For the purposes of registering persons as required by section 87, a National Board may, at any time by written notice given to an education provider, ask the provider for the following—
(a)  the particulars of all persons who are undertaking an approved program of study for the health profession for which the Board is established;
(b)  the particulars of all persons who will be undertaking the part of the approved program of study specified in the notice.
(2)  An education provider given a notice under subsection (1) must not fail, without reasonable excuse, to comply with the notice.
(3)  A contravention of subsection (2) does not constitute an offence.
(4)  However, if an education provider does not comply with a notice under subsection (1)—
(a)  the National Board that gave the education provider the notice must publish details of the failure to comply with the notice on the Board’s website; and
(b)  the National Agency may, on the recommendation of the National Board, include a statement about the failure to comply with the notice in the Agency’s annual report.

89   Registration of students

(1)  On receipt of the particulars of persons undertaking an approved program of study, or part of an approved program of study, under section 88—
(a)  the National Board may register the persons as students in the health profession by entering the persons’ particulars in the student register kept by the Board; or
(b)  the National Board may—
(i)  by written notice given to each person, require the person to complete an application for registration as a student in the form approved by the National Board; and
(ii)  on receipt of the person’s application form, register the person as a student in the health profession by entering the person’s particulars in the student register kept by the Board.
(2)  The National Board must not register a person as a student if the person is undertaking an approved program of study for a health profession in which the person already holds registration under Division 6.
(3)  The National Board must not require a person to pay a fee for registration as a student.
(4)  As soon as practicable after registering a person as a student, a National Board must give written notice of the registration to—
(a)  the education provider that provided the student’s particulars to the Board; and
(b)  if the Board required the person to complete an application form for registration, the student.
(5)  As soon as practicable after receiving notice that a student has been registered under subsection (1)(a), the education provider must give written notice of the registration to the student.

90   Period of student registration

The period of registration for a student—
(a)  starts when the student is registered under section 89; and
(b)  expires at the end of the day on which the student completes, or otherwise ceases to be enrolled in, the approved program of study.
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