Health Practitioner Regulation National Law (NSW) No 86a
Historical version for 7 January 2011 to 30 June 2011 (accessed 20 December 2014 at 17:34) Current version
Part 7Division 9

Division 9 Renewal of registration

107   Application for renewal of registration or endorsement

(1)  A registered health practitioner may apply to the National Board that registered the practitioner for renewal of the health practitioner’s registration.
(2)  An application for renewal of a registered health practitioner’s registration must be made not later than one month after the practitioner’s period of registration ends.
(3)  If the registered health practitioner’s registration has been endorsed by the National Board, the application for renewal of the practitioner’s registration is taken to also be an application for a renewal of the endorsement.
(4)  The application for renewal of registration must—
(a)  be in the form approved by the National Board; and
(b)  be accompanied by the relevant fee; and
(c)  if the application for renewal is made after the registered health practitioner’s period of registration ends, be accompanied by the relevant fee for a late application; and
(d)  be accompanied by the annual statement required under section 109; and
(e)  be accompanied by any other information reasonably required by the Board.

108   Registration taken to continue in force

(1)  If a registered health practitioner applies under section 107 to renew the practitioner’s registration, the applicant’s registration, including any endorsement of the registration, is taken to continue in force from the day it would, apart from this section, have ended until—
(a)  if the National Board decides to renew the applicant’s registration, the day a new certificate of registration is issued to the applicant; or
(b)  if the National Board decides to refuse to renew the applicant’s registration, the day the applicant is given notice of the decision.
(2)  If a health practitioner does not apply to renew the practitioner’s registration before the practitioner’s period of registration ends, the registration, including any endorsement of the registration, is taken to continue in force until—
(a)  the end of the day that is one month after the day the period of registration would, apart from this subsection, have ended; or
(b)  if the health practitioner applies for renewal of the registration not later than one month after the practitioner’s period of registration ends, the day referred to in subsection (1)(a) or (b).
(3)  Subsection (1) or (2) does not apply if the registration is earlier cancelled under this Law.

109   Annual statement

(1)  An application for renewal of registration must include or be accompanied by a statement that includes the following—
(a)  a declaration by the applicant that—
(i)  the applicant does not have an impairment; and
(ii)  the applicant has met any recency of practice requirements stated in an approved registration standard for the health profession; and
(iii)  the applicant has completed the continuing professional development the applicant was required by an approved registration standard to undertake during the applicant’s preceding period of registration; and
(iv)  the applicant has not practised the health profession during the preceding period of registration without appropriate professional indemnity insurance arrangements being in place in relation to the applicant; and
(v)  if the applicant’s registration is renewed the applicant will not practise the health profession unless appropriate professional indemnity insurance arrangements are in place in relation to the applicant;
(b)  details of any change in the applicant’s criminal history that occurred during the applicant’s preceding period of registration;
Note. See the definition of criminal history which applies to offences in participating jurisdictions and elsewhere, including outside Australia.
(c)  if the applicant’s right to practise at a hospital or another facility at which health services are provided was withdrawn or restricted during the applicant’s preceding period of registration because of the applicant’s conduct, professional performance or health, details of the withdrawal or restriction of the right to practise;
(d)  if the applicant’s billing privileges were withdrawn or restricted under the Medicare Australia Act 1973 of the Commonwealth during the applicant’s preceding period of registration because of the applicant’s conduct, professional performance or health, details of the withdrawal or restriction of the privileges;
(e)  details of any complaint made about the applicant to a registration authority or another entity having functions relating to professional services provided by health practitioners or the regulation of health practitioners;
(f)  any other information required by an approved registration standard.
(2)  Subsection (1)(a)(ii), (iii) and (iv), (c) and (d) does not apply to an applicant who is applying for the renewal of non-practising registration.

110   National Board’s powers before making decision

Before deciding an application for renewal of registration, a National Board may exercise a power under section 80 as if the application were an application for registration made under section 77.

111   Applicant may make submissions about proposed refusal of application for renewal or imposition of condition

(1)  If, after considering an application for renewal of registration, a National Board is proposing to refuse to renew the applicant’s registration or to renew the applicant’s registration subject to a new condition, the Board must give the applicant written notice of the proposal.
(2)  The notice must—
(a)  state the reasons for the proposal; and
(b)  invite the applicant to make a written or verbal submission to the Board by the date stated in the notice, being not less than 30 days after the day the notice is given to the applicant, about the proposal.

112   Decision about application for renewal

(1)  After considering an application for renewal of registration and any submissions made in accordance with a notice under section 111, a National Board may decide to renew, or refuse to renew, the applicant’s registration or the endorsement.
(2)  The National Board may refuse to renew the applicant’s registration or any endorsement on the applicant’s registration—
(a)  on any ground on which the Board could refuse to grant the registration or endorsement under section 82 or 102 if the application were for a grant of registration or endorsement; or
(b)  if the applicant contravened any condition to which the applicant’s previous registration or endorsement was subject; or
(c)  if, during the applicant’s previous period of registration, the applicant failed to have appropriate professional indemnity insurance arrangements or failed to complete the continuing professional development required by an approved registration standard for the profession; or
(d)  if a statement made by the applicant in the applicant’s annual statement was false or misleading in a material particular; or
(e)  if the application is for the renewal of provisional registration and the applicant’s provisional registration has previously been renewed twice; or
(f)  if the application is for the renewal of limited application and the applicant’s limited registration has previously been renewed 3 times.
(3)  If the National Board renews a registration, including any endorsement on the registration, the registration or endorsement is subject to—
(a)  any condition to which the registration was subject immediately before the renewal; and
(b)  any condition the Board considers necessary or desirable in the circumstances
Note. A failure by a registered health practitioner to comply with a condition of the practitioner’s registration does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.
(4)  If the National Board decides to renew a registered health practitioner’s registration or an endorsement of the registration subject to a condition under subsection (3)(b), the Board must decide a review period for the condition.
(5)  If a National Board decides to refuse to renew an applicant’s registration or the endorsement of the applicant’s registration, or to renew the registration or the endorsement subject to a condition under subsection (3)(b), the Board must give the applicant a notice that states—
(a)  the decision made by the Board; and
(b)  the reasons for the decision; and
(c)  that the applicant may appeal against the decision; and
(d)  how an application for appeal may be made and the period within which the application must be made.
(6)  A registration, including any endorsement of the registration, renewed under this Division—
(a)  starts on the day immediately after the applicant’s previous period of registration ends or ended; and
(b)  expires at the end of the day that is 12 months after the day it starts.
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