An Act to amend the Health Practitioner Regulation Act 2009 to modify the application of the Health Practitioner Regulation National Law with respect to matters relating to the health, conduct and performance of registered health practitioners and students; and for other purposes.

1   Name of Act

This Act is the Health Practitioner Regulation Amendment Act 2010.

2   Commencement

(1)  This Act, other than Schedules 2 and 3, commences on the date of assent to this Act.

(2)  Schedules 2 and 3 commence on the day the Health Practitioner Regulation (Adoption of National Law) Act 2009 commences.

Schedule 1 (Repealed)

Schedule 2 Consequential amendments to other legislation

2.1 Births, Deaths and Marriages Registration Act 1995 No 62

Section 4 Definitions

Omit the definition of doctor from section 4 (1). Insert instead:

  

doctor means a registered medical practitioner.

2.2 Casino Control Regulation 2009

Schedule 6 Applied provisions of Liquor Act 2007 as modified

Omit section 6 (1) (c) (ii) and (iii). Insert instead:

  

(ii)  a registered nurse whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a nurse practitioner, or

(iii)  a registered midwife whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a midwife practitioner, or

2.3 Children and Young Persons (Care and Protection—Child Employment) Regulation 2005

Clause 3 Definitions

Omit the definitions of registered nurse and registered midwife from clause 3 (1).

2.4 Children (Detention Centres) Regulation 2005

Clause 3 Definitions

Omit the definition of registered nurse from clause 3 (1).

2.5 Children’s Services Regulation 2004

Clause 52 Qualified staff

Omit clause 52 (2) (a) and (b). Insert instead:

  

(a)  is an enrolled nurse who has obtained:

(i)  a Certificate IV from a TAFE establishment on completion of a course in Parenthood, or

(ii)  a Certificate III from a registered training organisation on completion of a course in Children’s Services, or

(b)  is a registered nurse who has had previous work experience in providing a children’s service or has another approved qualification, or

2.6 Coal Mine Health and Safety Regulation 2006

Clause 203 Meaning of “workplace injury”

Omit the definition of medical treatment. Insert instead:

  

medical treatment means treatment by a registered medical practitioner, by a nurse or by a person qualified to give first aid.

2.7 Crimes Act 1900 No 40

[1]   Section 45 Prohibition of female genital mutilation

Omit the definitions of authorised professional, medical practitioner and medical student from section 45 (7). Insert instead:

  

authorised professional means:

(a)  a registered midwife, or

(b)  a midwifery student, or

(c)  in relation to an operation performed in a place outside Australia—a person authorised to practise midwifery by a body established under the law of that place having functions similar to the functions of the Nursing and Midwifery Board of Australia, or

(d)  a medical student.

medical practitioner, in relation to an operation performed in a place outside Australia, includes a person authorised to practise medicine by a body established under the law of that place having functions similar to the Medical Board of Australia.

medical student means:

(a)  a person registered as a student in the medical profession under the Health Practitioner Regulation National Law, or

(b)  in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a medical practitioner in that place.

midwifery student means:

(a)  a person registered as a student in the nursing and midwifery profession under the Health Practitioner Regulation National Law, or

(b)  in relation to an operation performed in a place outside Australia—a person undergoing a course of training with a view to being authorised to be a midwife practitioner in that place.

[2]   Section 428A Definitions

Omit “a person authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner or a midwife practitioner” from paragraph (c) of the definition of self-induced intoxication.

Insert instead “a registered nurse whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a nurse practitioner, a registered midwife whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a midwife practitioner”.

2.8 Crimes (Administration of Sentences) Regulation 2008

Dictionary

Omit “(within the meaning of the Nurses and Midwives Act 1991)” from the definition of nursing officer.

2.9 Crimes (Forensic Procedures) Act 2000 No 59

[1]   Section 3 Interpretation

Omit the definitions of dentist and nurse from section 3 (1).

Insert instead in alphabetical order:

  

dental prosthetist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dental prosthetist (other than as a student), and

(b)  in the dental prosthetists division of that profession.

[2]   Sections 50 and 108

Omit “dental technician” wherever occurring.

Insert instead “dental prosthetist”.

2.10 Crimes (Serious Sex Offenders) Act 2006 No 7

Section 4 Definitions

Omit the definition of registered psychologist.

2.11 Criminal Procedure Regulation 2005

Clause 20

Omit the clause. Insert instead:

  

20   Public officers

The following bodies are declared to be public bodies for the purposes of paragraph (f) of the definition of public officer in section 3 (1) of the Act:

(a)  the Independent Commission Against Corruption,

(b)  the Office of the Director of Public Prosecutions of the Commonwealth,

(c)  the Police Integrity Commission,

(d)  the Australian Federal Police,

(e)  the Australian Securities and Investments Commission,

(f)  the Royal Society for the Prevention of Cruelty to Animals, New South Wales,

(g)  the Animal Welfare League NSW,

(h)  the Chiropractic Board of Australia,

(i)  the Chiropractic Council of New South Wales,

(j)  the Dental Board of Australia,

(k)  the Dental Council of New South Wales,

(l)  the Medical Board of Australia,

(m)  the Medical Council of New South Wales,

(n)  the Nursing and Midwifery Board of Australia,

(o)  the Nursing and Midwifery Council of New South Wales,

(p)  the Optometry Board of Australia,

(q)  the Optometry Council of New South Wales,

(r)  the Osteopathy Board of Australia,

(s)  the Osteopathy Council of New South Wales,

(t)  the Pharmacy Board of Australia,

(u)  the Pharmacy Council of New South Wales,

(v)  the Physiotherapy Board of Australia,

(w)  the Physiotherapy Council of New South Wales,

(x)  the Podiatry Board of Australia,

(y)  the Podiatry Council of New South Wales,

(z)  the Psychology Board of Australia,

(aa)  the Psychology Council of New South Wales.

2.12 Defamation Act 2005 No 77

[1]   Schedule 1 Additional publications to which absolute privilege applies

Omit clause 15. Insert instead:

  

15   Matters arising under Health Practitioner Regulation National Law in relation to medical practitioners

(1)  Without limiting section 27 (2) (a)–(c), matter that is published:

(a)  to or by any of the following for the purpose of the assessment or referral of a complaint against a medical practitioner or other matter or the holding of any inquiry, performance review, investigation or appeal in respect of a medical practitioner under the Health Practitioner Regulation National Law:

(i)  the Medical Council of New South Wales,

(ii)  the Medical Board of Australia,

(iii)  an Impaired Registrants Panel,

(iv)  a Performance Review Panel,

(v)  a Professional Standards Committee,

(vi)  the Medical Tribunal,

(vii)  a member of any of the bodies referred to above,

(viii)  an assessor, or

(b)  by a body or person referred to in paragraph (a) where the matter published is a report of a decision or determination in respect of a complaint against a medical practitioner or other matter or any inquiry, performance review, investigation or appeal in respect of a medical practitioner, or the reasons for such a decision or determination.

(2)  In this clause:

(a)  a reference to the Medical Board of Australia includes a reference to a committee of the Board, and

(b)  a reference to a member of the Board includes a reference to a member of any such committee, and

(c)  a reference to the Medical Council of New South Wales includes a reference to a committee of the Council, and

(d)  a reference to a member of the Council includes a reference to a member of any such committee.

[2]   Schedule 2 Additional kinds of public documents

Omit clause 1. Insert instead:

  

1   Documents arising under Health Practitioner Regulation National Law in relation to medical practitioners

Without limiting section 28 (4) (a)–(f), a document that consists of a report made by:

(a)  the Medical Board of Australia, or

(b)  the Medical Council of New South Wales, or

(c)  a Professional Standards Committee, or

(d)  the Medical Tribunal,

of its decision or determination in respect of a complaint against a medical practitioner or an inquiry or appeal in respect of a medical practitioner, and of the reasons for that decision or determination, under the Health Practitioner Regulation National Law.

[3]   Schedule 3 Additional proceedings of public concern

Omit clause 7. Insert instead:

  

7   Proceedings under Health Practitioner Regulation National Law in relation to medical practitioners

Without limiting section 29 (4) (a)–(o), proceedings under the Health Practitioner Regulation National Law in respect of a medical practitioner of any of the following:

(a)  the Medical Board of Australia,

(b)  the Medical Council of New South Wales,

(c)  a Professional Standards Committee,

(d)  the Medical Tribunal.

2.13 Drug and Alcohol Treatment Act 2007 No 7

Section 49 Liability of police officers and health care professionals exercising functions under this Act

Omit “a health registration Act within the meaning of the Health Care Complaints Act 1993” from section 49 (4).

Insert instead “the Health Practitioner Regulation National Law”.

2.14 Drug Misuse and Trafficking Act 1985 No 226

[1]   Section 3 Definitions

Omit the definitions of dentist, midwife, midwife practitioner, nurse, nurse practitioner and pharmacist from section 3 (1).

Insert instead in alphabetical order:

  

midwife practitioner means a registered midwife whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a midwife practitioner.

nurse practitioner means a registered nurse whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a nurse practitioner.

[2]   Sections 11 (2) (a) and 36D (definition of “qualified health professional”)

Insert “registered” before “nurse” wherever occurring.

[3]   Section 11 (2) (a)

Insert “registered” before “midwife”.

2.15 Electricity (Consumer Safety) Act 2004 No 4

Section 3 Definitions

Omit “a health registration Act within the meaning of the Health Care Complaints Act 1993” from the definition of health care professional in section 3 (1).

Insert instead “the Health Practitioner Regulation National Law”.

2.16 Electricity Supply Act 1995 No 94

Dictionary

Omit “a health registration Act within the meaning of the Health Care Complaints Act 1993” from the definition of health care professional.

Insert instead “the Health Practitioner Regulation National Law”.

2.17 Fines Act 1996 No 99

Section 99A Definitions

Omit “within the meaning of the Nurses and Midwives Act 1991” from paragraph (c) of the definition of health practitioner.

2.18 Freedom of Information Act 1989 No 5

Schedule 1 Exempt documents

Insert “or a professional council” after “registration authority” in clause 26.

2.19 Freedom of Information Regulation 2005

[1]   Schedule 1 Principal offices

Omit the following:

  

Dental Board	Registrar
Dental Care Assessment Committee	Registrar, Dental Board
Medical Tribunal	Registrar, NSW Medical Board
New South Wales Medical Board	Registrar
Pharmacy Board	Registrar
Professional Standards Committee constituted under the Medical Practice Act 1992	Registrar, NSW Medical Board
Pharmacy Care Assessment Committee constituted by the Pharmacy Practice Act 2006	Registrar, Pharmacy Board

[2]   Schedule 3 Public authorities

Omit the following from Part 3:

  

Chiropractic Care Assessment Committee	Department of Health
Chiropractors Registration Board	Department of Health
Dental Technicians Registration Board	Department of Health
Nurses and Midwives Board	Department of Health
Optical Dispensers Licensing Board	Department of Health
Optometrists Registration Board	Department of Health
Osteopaths Registration Board	Department of Health
Physiotherapists Registration Board	Department of Health
Physiotherapy Standards Advisory Committee	Department of Health
Podiatrists Registration Board	Department of Health
Professional Standards Committee constituted under the Nurses and Midwives Act 1991	Department of Health
Psychological Care Assessment Committee	Department of Health
Psychologists Registration Board	Department of Health

Insert instead in alphabetical order:

  

Chiropractic Council of New South Wales	Department of Health
Dental Council of New South Wales	Department of Health
Dental Tribunal	Department of Health
Medical Council of New South Wales	Department of Health
Medical Tribunal	Department of Health
Nursing and Midwifery Council of New South Wales	Department of Health
Optometrists Tribunal	Department of Health
Optometry Council of New South Wales	Department of Health
Osteopathy Council of New South Wales	Department of Health
Pharmacy Council of New South Wales	Department of Health
Pharmacy Tribunal	Department of Health
Physiotherapists Tribunal	Department of Health
Physiotherapy Council of New South Wales	Department of Health
Podiatrists Tribunal	Department of Health
Podiatry Council of New South Wales	Department of Health
Professional Standards Committee for medical practitioners	Department of Health
Professional Standards Committee for nurses and midwives	Department of Health
Psychologists Tribunal	Department of Health
Psychology Council of New South Wales	Department of Health

2.20 Government Information (Public Access) Act 2009 No 52

Schedule 2 Excluded information of particular agencies

Insert “or a professional council” after “registration authority” in the matter relating to the Health Care Complaints Commission in clause 2.

2.21 Health Administration Act 1982 No 135

[1]   Section 13A Corporation to manage accounts of health professional councils

Omit “board” and “boards” wherever occurring in section 13A (1), (3) (b) and (3A).

Insert instead “council” and “councils”, respectively.

[2]   Section 13A (2) (a) and (3) (a)

Omit “Act establishing the board in respect of which the account is kept” wherever occurring.

Insert instead “Health Practitioner Regulation National Law (NSW)”.

[3]   Section 13A (3) (a)

Omit “that Act”. Insert instead “that Law”.

[4]   Schedule 2A

Omit the Schedule. Insert instead:

  

Schedule 2A Health professional councils

(Section 13A)

Chiropractic Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)

Dental Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)

Medical Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)

Nursing and Midwifery Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)

Optometry Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)

Osteopathy Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)

Pharmacy Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)

Physiotherapy Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)

Podiatry Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)

Psychology Council of New South Wales established under the Health Practitioner Regulation National Law (NSW)

2.22 Health Care Complaints Act 1993 No 105

[1]   Section 3A Outline of role of Commission and related government agencies in health care system

Omit “registration authorities” wherever occurring in section 3A (2) and (4).

Insert instead “professional councils”.

[2]   Section 3A (5) and (5A)

Omit section 3A (5). Insert instead:

  

(5) Registration authorities
Registration authorities are responsible for the registration of health professionals.

(5A) Professional councils
Professional councils are responsible for the management of complaints in conjunction with the Commission and protecting the public through promoting and maintaining professional standards.

[3]   Section 4 Definitions

Omit the definitions of health registration Act and registration authority.

Insert instead in alphabetical order:

  

chiropractor means a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student).

dental hygienist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dental hygienist (other than as a student), and

(b)  in the dental hygienists division of that profession.

dental prosthetist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dental prosthetist (other than as a student), and

(b)  in the dental prosthetists division of that profession.

dental therapist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dental therapist (other than as a student), and

(b)  in the dental therapists division of that profession.

oral health therapist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as an oral health therapist (other than as a student), and

(b)  in the oral health therapists division of that profession.

osteopath means a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student).

professional council means:

(a)  in relation to a chiropractor, the Chiropractic Council of New South Wales, or

(b)  in relation to a dentist, dental hygienist, dental prosthetist, dental therapist or an oral health therapist, the Dental Council of New South Wales, or

(c)  in relation to a medical practitioner, the Medical Council of New South Wales, or

(d)  in relation to a nurse or midwife, the Nursing and Midwifery Council of New South Wales, or

(e)  in relation to an optometrist, the Optometry Council of New South Wales, or

(f)  in relation to an osteopath, the Osteopathy Council of New South Wales, or

(g)  in relation to a pharmacist, the Pharmacy Council of New South Wales, or

(h)  in relation to a physiotherapist, the Physiotherapy Council of New South Wales, or

(i)  in relation to a podiatrist, the Podiatry Council of New South Wales, or

(j)  in relation to a psychologist, the Psychology Council of New South Wales.

registration authority means:

(a)  in relation to a chiropractor, the Chiropractic Board of Australia, or

(b)  in relation to a dentist, dental hygienist, dental prosthetist, dental therapist or an oral health therapist, the Dental Board of Australia, or

(c)  in relation to a medical practitioner, the Medical Board of Australia, or

(d)  in relation to a nurse or midwife, the Nursing and Midwifery Board of Australia, or

(e)  in relation to an optometrist, the Optometry Board of Australia, or

(f)  in relation to an osteopath, the Osteopathy Board of Australia, or

(g)  in relation to a pharmacist, the Pharmacy Board of Australia, or

(h)  in relation to a physiotherapist, the Physiotherapy Board of Australia, or

(i)  in relation to a podiatrist, the Podiatry Board of Australia, or

(j)  in relation to a psychologist, the Psychology Board of Australia.

[4]   Section 4, definition of “disciplinary body”

Omit “a health registration Act”.

Insert instead “the Health Practitioner Regulation National Law (NSW)”.

[5]   Section 4, definition of “health practitioner”

Omit “a health registration Act”.

Insert instead “the Health Practitioner Regulation National Law”.

[6]   Part 2, Division 2, heading

Omit the heading. Insert instead:

Division 2  Liaising with registration authorities and professional councils

[7]   Sections 10 (1), 14 (1) and (2), 30 (1), 34 (2), 41A (3) and 94B (3)

Omit “a health registration Act” wherever occurring.

Insert instead “the Health Practitioner Regulation National Law”.

[8]   Sections 10, 12, 13, 14, 20A (2), 23 (1) (a), 24 (2)–(4), 25B, 26 (1) (b), 34 (2), 38, 39 (1) (c) and (2), 40 (3) (b), 41 (1) and (2) (a), 53 (3), 55, 56 (2), 90B (3), 90CA (b), 96 (2) and 98

Omit “registration authority” wherever occurring.

Insert instead “professional council”.

[9]   Section 11

Omit the section. Insert instead:

  

11   Complaints made to professional councils

If, in accordance with the Health Practitioner Regulation National Law (NSW), a professional council notifies the Commission of a complaint made under that Law, the complaint is taken to have been made in accordance with this Act to the Commission.

[10]   Section 13 The outcomes of consultation

Omit “relevant health registration Act” wherever occurring in section 13 (2) (b) and (2A) (b).

Insert instead “Health Practitioner Regulation National Law (NSW)”.

[11]   Section 13, note

Omit the note.

[12]   Section 15 Provision of information to professional councils

Omit section 15 (1). Insert instead:

  

(1)  A professional council for a particular health profession may, at any time, request information from the Commission concerning a specified complaint that is made against or directly involves a health practitioner who is or has been registered in that health profession.

[13]   Section 15, note

Omit “health professional registration boards” and “the registration authority”.

Insert instead “professional councils” and “the relevant professional council”, respectively.

[14]   Section 22A Associated complaints to be taken into account

Omit section 22A (b). Insert instead:

  

(b)  if the complaint relates to a health practitioner:

(i)  any decision made in respect of the practitioner by an adjudication body within the meaning of the Health Practitioner Regulation National Law, and

(ii)  any previous finding, determination, recommendation or decision made in respect of the practitioner by a committee, tribunal or panel under a repealed Act.

[15]   Section 22A (2)

Insert at the end of section 22A:

  

(2)  In this section, repealed Act means any of the following Acts:

(a)  Chiropractors Act 2001,

(b)  Dental Practice Act 2001,

(c)  Dental Technicians Registration Act 1975,

(d)  Medical Practice Act 1992,

(e)  Nurses and Midwives Act 1991,

(f)  Optometrists Act 2002,

(g)  Osteopaths Act 2001,

(h)  Pharmacy Practice Act 2006,

(i)  Physiotherapists Act 2001,

(j)  Podiatrists Act 2003,

(k)  Psychologists Act 2001.

[16]   Sections 25B (1), 34A (4) (note) and 39 (1) (c)

Omit “relevant health registration Act” wherever occurring.

Insert instead “Health Practitioner Regulation National Law (NSW)”.

[17]   Section 25B (1)

Omit “that authority”. Insert instead “that council”.

[18]   Section 25B (2), note

Omit the note.

[19]   Sections 27 (1) (d), 30 (4), 40 (3) (a) and 94B (1) (a)

Omit “a health registration Act” wherever occurring.

Insert instead “the Health Practitioner Regulation National Law (NSW)”.

[20]   Part 2, Division 5

Omit “health registration Acts” from the note.

Insert instead “the Health Practitioner Regulation National Law (NSW)”.

[21]   Section 33 Powers of entry, search and seizure

Insert after section 33 (c):

  

(c1)  if authorised to do so under a search warrant, seize any stocks of any substance or drugs in or about those premises,

[22]   Section 33 (f1)

Insert after section 33 (f):

  

(f1)  if authorised to do so under a search warrant, remove any such records for the purposes of taking copies of, or notes from, those records.

[23]   Section 33 (2)

Insert at the end of the section:

  

(2)  If an authorised person removes any records under the authority of a search warrant for the purposes of taking copies of, or notes from, those records, the authorised person must return the records to the owner of the records as soon as practicable.

[24]   Section 40 Opportunity for persons investigated to make submissions

Omit the note to section 40 (3). Insert instead:

  

Note. Section 40 (3) will ensure that professional councils can act to deal with impaired practitioners pursuant to any powers they may have under the Health Practitioner Regulation National Law (NSW), without awaiting advice from the Commission.

[25]   Section 41AA

Insert before section 41A:

  

41AA   Interim prohibition orders

(1)  The Commission may, during any investigation of a complaint against an unregistered health practitioner, make an order (an interim prohibition order) in respect of the unregistered health practitioner.

(2)  The Commission may make an interim prohibition order only if:

(a)  it has a reasonable belief that the health practitioner has breached a code of conduct for unregistered health practitioners, and

(b)  it is of the opinion that:

(i)  the health practitioner poses a serious risk to the health or safety of members of the public, and

(ii)  the making of an interim prohibition order is necessary to protect the health or safety of members of the public.

(3)  An interim prohibition order may do one or both of the following:

(a)  prohibit the health practitioner from providing health services or specified health services,

(b)  place such conditions as the Commission thinks appropriate on the provision of health services or specified health services by the health practitioner.

(4)  An interim prohibition order remains in force for a period of 8 weeks or such shorter period as may be specified in the order.

(5)  The Commission must notify the health practitioner of its decision to make an interim prohibition order and provide the health practitioner with a written statement of the decision that sets out the grounds on which the decision was made as soon as practicable after the decision is made.

(6)  In this section, code of conduct for unregistered health practitioners means a code of conduct prescribed by regulations under section 10AM of the Public Health Act 1991.

[26]   Section 41A Prohibition orders and public statements

Omit “the board constituted under that other Act of the proposed order and give that board” from section 41A (3).

Insert instead “the relevant professional council of the proposed order and give that council”.

[27]   Section 41B Commission to provide details of its decision

Insert “to make prohibition order” after “decision” in the heading to the section.

[28]   Section 41C Appeals to the Administrative Decisions Tribunal

Omit “section 41A” from section 41C (1).

Insert instead “section 41AA or 41A”.

[29]   Section 41C (1) (b)

Insert “an interim prohibition order or” before “a prohibition order”.

[30]   Section 41D

Omit the section. Insert instead:

  

41D   Commission to provide registration authorities and professional councils with details of interim prohibition orders and prohibition orders

If the Commission makes an interim prohibition order under section 41AA or a prohibition order under section 41A in respect of a health practitioner, it is to provide a copy of the statement of the decision in respect of that order to each registration authority and professional council.

[31]   Section 55 Six-monthly reports to professional councils

Omit “who are registered by it” from section 55 (3).

[32]   Section 80 Functions of Commission

Omit “a registration authority under a health registration Act” from section 80 (1) (a).

Insert instead “a professional council under the Health Practitioner Regulation National Law (NSW)”.

[33]   Section 80 (1) (c)

Omit “registration authorities”. Insert instead “professional councils”.

[34]   Section 92A

Omit section 92A. Insert instead:

  

92A   Expedition of certain matters

The Commission is to assess, investigate and, if appropriate, prosecute as quickly as practicable matters referred to it following action under section 149C of the Health Practitioner Regulation National Law (NSW) by a professional council.

[35]   Section 93

Omit the section. Insert instead:

  

93   Inconsistency between this Act and the Health Practitioner Regulation National Law (NSW)

This Act prevails over the Health Practitioner Regulation National Law (NSW) to the extent of any inconsistency between them.

[36]   Section 94B Tribunal decisions and names of de-registered practitioners to be publicly available

Omit section 94B (1) (b).

[37]   Section 94B (1) (c)

Omit the paragraph. Insert instead:

  

(c)  may disseminate any other statement of a decision provided to it under the Health Practitioner Regulation National Law as the Commission thinks fit,

[38]   Section 94B (1)

Omit “relevant tribunal or board”.

Insert instead “relevant tribunal, professional council or registration authority”.

[39]   Section 94B (2)

Omit “a health registration Act about a person whose registration as a health practitioner under a health registration Act”.

Insert instead “the Health Practitioner Regulation National Law about a person whose registration as a health practitioner under that Law”.

[40]   Section 94B (3)

Omit “registration board, tribunal or court under that Act”.

Insert instead “professional council, registration authority, tribunal or court under that Law”.

[41]   Section 94C Protection from liability for certain publications

Omit paragraph (b) from the definition of protected person in section 94C (2).

Insert instead:

  

(b)  a professional council, assessment committee or tribunal established under the Health Practitioner Regulation National Law (NSW) or a member of any such council, committee or tribunal, or

[42]   Section 105 Special provisions relating to Walker Special Commission of Inquiry

Omit the section.

[43]   Schedule 4 Savings, transitional and other provisions

Insert at the end of the Schedule:

  

Part 8 Provision consequent on enactment of Health Practitioner Regulation Amendment Act 2010

22   Complaints to registration authorities

A reference in sections 10 (1) and 34 (2) to the Health Practitioner Regulation National Law includes a reference to a repealed Act within the meaning of section 22A.

[44]   Schedule 5 Special provisions relating to Walker Special Commission of Inquiry

Omit the Schedule.

2.23 Health Care Liability Act 2001 No 42

[1]   Section 4 Definitions

Omit the definitions of claimant, court, damages, fault, health practitioner, injury, insurance approval order, licensed facility, public health organisation and registration from section 4 (1).

[2]   Section 4 (1), definition of “practice company”

Omit the definition. Insert instead:

  

practice company means a corporation (however incorporated) that is controlled or conducted by a medical practitioner and by means of which the medical practitioner conducts his or her medical practice.

[3]   Section 4 (2)

Omit the subsection.

[4]   Section 4 (3) (b)–(d)

Omit the paragraphs.

[5]   Section 19 Medical practitioners must be covered by approved professional indemnity insurance

Insert “in NSW” after “medical practitioner” in section 19 (1) and (3) wherever occurring.

[6]   Section 19 (2)

Omit the subsection.

[7]   Section 19 (3)

Omit “Medical Practice Act 1992”.

Insert instead “Health Practitioner Regulation National Law (NSW)”.

[8]   Section 19 (4)

Omit section 19 (4) and (5). Insert instead:

  

(4)  This section does not apply to or in respect of a medical practitioner who is not required under the Health Practitioner Regulation National Law to be covered by professional indemnity insurance.

[9]   Section 24 Minister may prohibit person from providing approved professional indemnity insurance

Omit section 24 (8). Insert instead:

  

(8)  If a prohibition order is made, the Minister is to notify the Medical Council of New South Wales of the making of the order.

[10]   Section 25 Professional indemnity insurance for certain other health practitioners

Omit the section.

2.24 Health Care Liability Regulation 2007

[1]   Clause 3 Definitions

Omit the definitions of dental auxiliary, dental prosthetist and pharmacist from clause 3 (1).

[2]   Clause 4 Exemption from approved insurance requirement

Omit the clause.

[3]   Part 3 Health practitioners

Omit the Part.

2.25 Health Professionals (Special Events Exemption) Act 1997 No 90

[1]   Section 3 Definitions

Omit the definitions of health care services and Health Registration Act.

Insert instead in alphabetical order:

  

chiropractor means a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student).

dental hygienist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dental hygienist (other than as a student), and

(b)  in the dental hygienists division of that profession.

dental prosthetist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dental prosthetist (other than as a student), and

(b)  in the dental prosthetists division of that profession.

dental therapist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dental therapist (other than as a student), and

(b)  in the dental therapists division of that profession.

health care services means:

(a)  services ordinarily provided by medical practitioners, nurses, midwives, dentists, dental hygienists, dental prosthetists, dental therapists, oral health therapists, pharmacists, podiatrists, chiropractors, osteopaths, optometrists, physiotherapists and psychologists, and

(b)  any other service prescribed by the regulations.

oral health therapist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as an oral health therapist (other than as a student), and

(b)  in the oral health therapists division of that profession.

osteopath means a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student).

[2]   Sections 9 (5), 12 and 14

Omit “a Health Registration Act” wherever occurring.

Insert instead “the Health Practitioner Regulation National Law”.

[3]   Section 11 Exemptions relating to offences

Omit “a Health Registration Act” from section 11 (1).

Insert instead “the Health Practitioner Regulation National Law (NSW), the Health Practitioner Regulation National Law”.

[4]   Section 11 (1)

Insert “or Laws” after “those Acts”.

[5]   Section 11, note

Omit “Health Registration Acts”.

Insert instead “Health Practitioner Regulation National Law”.

[6]   Section 12 Complaints about visiting health professionals

Omit “any of those Acts” wherever occurring in section 12 (1).

Insert instead “that Act or that Law”.

2.26 Health Records and Information Privacy Act 2002 No 71

[1]   Section 4 Definitions

Insert in alphabetical order in section 4 (1):

  

chiropractor means a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student).

osteopath means a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student).

[2]   Section 4 (1), definition of “health registration Act”

Omit the definition.

[3]   Section 23 When non-compliance authorised

Omit the note.

[4]   Schedule 1 Health Privacy Principles

Omit “a health registration Act” wherever occurring in clauses 10 (1) (h) and 11 (1) (i).

Insert instead “the Health Practitioner Regulation National Law (NSW)”.

2.27 Health Services Act 1997 No 154

[1]   Chapter 8 Visiting practitioners

Omit “Medical Practice Act 1992 or the Dentists Act 1989” from the Introduction.

Insert instead “Health Practitioner Regulation National Law (NSW)”.

[2]   Section 85 When can medical practitioners elect to provide their services through their practice companies?

Omit “medical indemnity insurance” from section 85 (2) (b).

Insert instead “professional indemnity insurance”.

[3]   Section 85 (3) and (4)

Omit the subsections.

[4]   Section 99 Duty to report certain criminal and disciplinary matters

Omit “Medical Practice Act 1992 (in the case of a medical practitioner) or professional misconduct under the Dentists Act 1989 (in the case of a dentist)” from section 99 (2).

Insert instead “Health Practitioner Regulation National Law (NSW)”.

[5]   Section 99A Duty of chief executive to report certain conduct of visiting practitioner

Omit “a registration authority” from section 99A (1).

Insert instead “the relevant professional council”.

[6]   Section 99A (1)

Omit “health registration Act by which the registration authority is constituted”.

Insert instead “Health Practitioner Regulation National Law (NSW)”.

[7]   Section 99A (2)

Omit the subsection. Insert instead:

  

(2)  In this section, relevant professional council means:

(a)  in relation to a visiting practitioner who is a medical practitioner, the Medical Council of New South Wales, or

(b)  in relation to a visiting practitioner who is a dentist, the Dental Council of New South Wales.

[8]   Section 112 Determination of appeal

Omit “health registration Act under which the appellant is registered” from section 112 (1A) (b).

Insert instead “Health Practitioner Regulation National Law (NSW)”.

[9]   Section 112 (1A) (c) and (d)

Omit the paragraphs. Insert instead:

  

(c)  the appellant may have an impairment under the Health Practitioner Regulation National Law (NSW),

[10]   Section 112 (1A)

Omit “New South Wales Medical Board to be dealt with as a complaint under Part 4 of the Medical Practice Act 1992 (in the case of a medical practitioner) or to the Dental Board to be dealt with as a complaint under Part 5 of the Dental Practice Act 2001 (in the case of a dentist)”.

Insert instead “Medical Council of New South Wales (in the case of a medical practitioner) or the Dental Council of New South Wales (in the case of a dentist) to be dealt with as a complaint under Part 8 of the Health Practitioner Regulation National Law (NSW)”.

[11]   Section 117 Duty to report certain criminal conduct and disciplinary matters

Omit “any relevant health professional registration Act” from section 117 (2).

Insert instead “the Health Practitioner Regulation National Law (NSW)”.

[12]   Section 117 (3), definition of “relevant health professional registration Act”

Omit the definition.

[13]   Section 117, note

Insert at the end of the section:

  

Note. Section 142 of the Health Practitioner Regulation National Law imposes obligations on employers to notify the Australian Health Practitioner Regulation Agency of misconduct by health practitioners.

[14]   Section 117A Duty of chief executive to report certain conduct

Omit “a registration authority” from section 117A (1).

Insert instead “the relevant professional council”.

[15]   Section 117A (1)

Omit “the health registration Act by which the registration authority is constituted”.

Insert instead “the Health Practitioner Regulation National Law (NSW)”.

[16]   Section 117A (2)

Omit the subsection. Insert instead:

  

(2)  In this section, relevant professional council means:

(a)  in relation to a chiropractor, the Chiropractic Council of New South Wales, or

(b)  in relation to a dentist, dental hygienist, dental prosthetist, dental therapist or an oral health therapist, the Dental Council of New South Wales, or

(c)  in relation to a medical practitioner, the Medical Council of New South Wales, or

(d)  in relation to a nurse or midwife, the Nursing and Midwifery Council of New South Wales, or

(e)  in relation to an optometrist, the Optometry Council of New South Wales, or

(f)  in relation to an osteopath, the Osteopathy Council of New South Wales, or

(g)  in relation to a pharmacist, the Pharmacy Council of New South Wales, or

(h)  in relation to a physiotherapist, the Physiotherapy Council of New South Wales, or

(i)  in relation to a podiatrist, the Podiatry Council of New South Wales, or

(j)  in relation to a psychologist, the Psychology Council of New South Wales.

[17]   Schedule 7 Savings and transitional provisions

Insert at the end of the Schedule:

  

Part 6 Provision consequent on enactment of Health Practitioner Regulation Amendment Act 2010

74   Service contracts

Despite its repeal by the Health Practitioner Regulation Amendment Act 2010, section 85 (3) continues to apply to a service contract between a public health organisation and a medical practitioner’s practice company that was entered into and in force immediately before its repeal.

[18]   Dictionary

Omit definition of dentist.

2.28 Human Tissue Act 1983 No 164

Section 4 Definitions

Omit the definition of nurse from section 4 (1).

2.29 Interpretation Act 1987 No 15

Section 21 Meanings of commonly used words and expressions

Omit the definitions of registered chiropractor, registered dentist, registered medical practitioner, registered optometrist, registered osteopath, registered pharmacist, registered physiotherapist, registered podiatrist and registered psychologist from section 21 (1).

Insert instead in alphabetical order:

  

enrolled nurse means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the nursing and midwifery profession as a nurse (other than as a student), and

(b)  in the enrolled nurses division of that profession.

Health Practitioner Regulation National Law means:

(a)  the Health Practitioner Regulation National Law:

(i)  as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, and

(ii)  as it applies as a law of New South Wales or another State or a Territory, or

(b)  the law of another State or a Territory that substantially corresponds to the law referred to in paragraph (a).

nurse means an enrolled nurse or a registered nurse.

registered dentist or dentist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dentist (other than as a student), and

(b)  in the dentists division of that profession.

registered medical practitioner or medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise as a medical practitioner (other than as a student).

registered midwife or midwife means a person registered under the Health Practitioner Regulation National Law to practise as a midwife (other than as a student).

registered nurse means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the nursing and midwifery profession as a nurse (other than as a student), and

(b)  in the registered nurses division of that profession.

registered optometrist or optometrist means a person registered under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student).

registered pharmacist or pharmacist means a person registered under the Health Practitioner Regulation National Law to practise as a pharmacist (other than as a student).

registered physiotherapist or physiotherapist means a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student).

registered podiatrist or podiatrist means a person registered under the Health Practitioner Regulation National Law to practise in the podiatry profession (other than as a student).

registered psychologist or psychologist means a person registered under the Health Practitioner Regulation National Law to practise as a psychologist (other than as a student).

2.30 Law Enforcement (Powers and Responsibilities) Act 2002 No 103

Schedule 2 Search warrants under other Acts

Omit the following:

  

Chiropractors Act 2001, section 128
Dental Practice Act 2001, section 154
Dental Technicians Registration Act 1975, section 25
Dentists Act 1989, section 59
Medical Practice Act 1992, section 125
Nurses and Midwives Act 1991, section 77B
Optometrists Act 2002, section 132
Osteopaths Act 2001, section 128
Pharmacy Practice Act 2006, section 151
Physiotherapists Act 2001, section 129
Podiatrists Act 2003, section 128
Psychologists Act 2001, section 128

Insert instead in alphabetical order:

  

Health Practitioner Regulation National Law (NSW), section 164B

2.31 Licensing and Registration (Uniform Procedures) Act 2002 No 28

[1]   Part 4 Uniform registration procedures for health professionals

Omit the Part.

[2]   Schedule 3 Registration to which Part 4 of Act applies

Omit the Schedule.

[3]   Schedule 4 Amendment of other Acts and statutory rules

Omit Part 3 and Schedule 4.28.

2.32 Liquor Act 2007 No 90

Section 6 Exemptions from Act

Omit section 6 (1) (c) (ii) and (iii). Insert instead:

  

(ii)  a registered nurse whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a nurse practitioner, or

(iii)  a registered midwife whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a midwife practitioner, or

2.33 Mental Health Act 2007 No 8

[1]   Section 129 Official visitors

Omit “psychologist registered under the Psychologists Act 2001” from section 129 (2) (b).

Insert instead “registered psychologist”.

[2]   Section 191 Liability of police officers and health care professionals exercising functions under this Act or the Mental Health (Forensic Provisions) Act 1990

Omit “a health registration Act within the meaning of the Health Care Complaints Act 1993” from section 191 (4).

Insert instead “the Health Practitioner Regulation National Law”.

2.34 Mental Health Regulation 2007

Clause 19 Additional qualified persons

Omit “under the Nurses and Midwives Act 1991” from clause 19 (a).

2.35 Minors (Property and Contracts) Act 1970 No 60

Section 49 Medical and dental treatment

Omit the definition of dental treatment in section 49 (4). Insert instead:

  

dental treatment means:

(a)  treatment by a dentist in the course of the practice of dentistry, or

(b)  treatment by any person pursuant to directions given in the course of the practice of dentistry by a dentist.

2.36 Parliamentary Electorates and Elections Amendment Act 2006 No 68

Schedule 19 Amendment of other legislation

Omit Schedule 19.5, 19.14 and 19.16.

2.37 Poisons and Therapeutic Goods Act 1966 No 31

[1]   Section 4 Definitions

Omit the definitions of Dentist, midwife, midwife practitioner, nurse, nurse practitioner, optometrist, Pharmacist and podiatrist from section 4 (1).

Insert instead in alphabetical order:

  

midwife practitioner means a registered midwife whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a midwife practitioner.

nurse practitioner means a registered nurse whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a nurse practitioner.

[2]   Sections 17A–17C

Omit sections 17A and 17B. Insert instead:

  

17A   Authorisation of possession, use, supply or prescription of substances by nurses and midwives

(1)  A nurse is authorised to possess, use, supply or prescribe a poison, restricted substance or drug of addiction for the purposes of the practice of nursing, if:

(a)  the nurse’s registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to possess, use, supply or prescribe that poison, restricted substance or drug of addiction, or

(b)  the nurse is a nurse practitioner who is authorised in writing by the Director-General to possess, use, supply or prescribe that poison, restricted substance or drug of addiction.

(2)  A midwife is authorised to possess, use, supply or prescribe a poison, restricted substance or drug of addiction for the purposes of the practice of midwifery, if:

(a)  the midwife’s registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to possess, use, supply or prescribe that poison, restricted substance or drug of addiction, or

(b)  the midwife is a midwife practitioner who is authorised in writing by the Director-General to possess, use, supply or prescribe that poison, restricted substance or drug of addiction.

17B   Authorisation of possession, use, supply or prescription of substances by optometrists

An optometrist whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to possess, use, supply or prescribe a poison or restricted substance is authorised to possess, use, supply or prescribe that poison or restricted substance for the purposes of the practice of optometry.

17C   Authorisation of possession, use, supply or prescription of substances by podiatrist

A podiatrist whose registration is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified to possess, use, supply or prescribe a poison or restricted substance is authorised to possess, use, supply or prescribe that poison or restricted substance for the purposes of the practice of podiatry.

[3]   Section 30AA Power of Medical Committee to obtain information

Omit “New South Wales Medical Board or Nurses and Midwives Board” from section 30AA (2).

Insert instead “the Medical Council of New South Wales, the Medical Board of Australia, the Nursing and Midwifery Council of New South Wales or the Nursing and Midwifery Board of Australia”.

[4]   Section 30AA (2)

Insert “, Council’s” after “Commission’s”.

[5]   Section 30AA (4)

Omit “New South Wales Medical Board or Nurses and Midwives Board”.

Insert instead “the Medical Council of New South Wales, the Medical Board of Australia, the Nursing and Midwifery Council of New South Wales and the Nursing and Midwifery Board of Australia”.

[6]   Section 30AA (4)

Insert “, Council” after “the Commission”.

[7]   Section 30AA (5)

Omit section 30AA (5) and (6). Insert instead:

  

(5)  This section applies despite any provision of the Health Care Complaints Act 1993 or the Health Practitioner Regulation National Law.

[8]   Schedule 2A Provisions relating to Optometrists Drug Authority Committee

Omit the Schedule.

2.38 Poisons and Therapeutic Goods Regulation 2008

[1]   Clause 3 Definitions

Omit “nurse practitioner, midwife practitioner” wherever occurring in the definition of authorised practitioner in clause 3 (1).

Insert instead “nurse or midwife authorised under section 17A of the Act”.

[2]   Clause 3 (1), definition of “retail pharmacy”

Omit the definition. Insert instead:

  

retail pharmacy means premises included in the Register of Pharmacies kept under Schedule 5F of the Health Practitioner Regulation National Law (NSW).

[3]   Clauses 4–6

Omit the clauses.

[4]   Clause 32 Prescriptions for restricted substances

Omit the note to the clause.

[5]   Appendix C Persons authorised to possess and use substances

Omit clause 2.

[6]   Appendix C, clause 4

Omit clause 4 (2). Insert instead:

  

(2)  In this clause:

dental therapist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dental therapist (other than as a student), and

(b)  in the dental therapists division of that profession.

oral health therapist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as an oral health therapist (other than as a student), and

(b)  in the oral health therapists division of that profession.

[7]   Appendix C, clause 5

Omit the clause. Insert instead:

  

5   Dental hygienists

(1)  A dental hygienist is authorised to possess and use the following substances if required for use in connection with his or her practice as a dental hygienist:

(a)  benzocaine,

(b)  lignocaine,

(c)  mepivacaine,

(d)  prilocaine,

(e)  procaine.

(2)  In this clause:

dental hygienist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dental hygienist (other than as a student), and

(b)  in the dental hygienists division of that profession.

2.39 Privacy Code of Practice (General) 2003

Schedule 2 Modification of Part 6 of the Act

Omit items 7–18.

2.40 Private Health Facilities Act 2007 No 9

[1]   Section 4 Definitions

Omit the definition of registered nurse from section 4 (1).

[2]   Section 39 Medical advisory committee

Omit “is registered under section 4 or 7 (1) E of the Medical Practice Act 1992” from section 39 (1).

Insert instead “holds general or specialist registration in the medical profession under Part 7 of the Health Practitioner Regulation National Law”.

2.41 Private Health Facilities Regulation 2010

Clause 13 Qualifications for director of nursing of facility

Omit clause 13 (a).

2.42 Public Finance and Audit Act 1983 No 152

Schedule 2 Statutory bodies

Omit the following:

  Chiropractors Registration Board
Dental Board
Dental Technicians Registration Board
New South Wales Medical Board
Nurses and Midwives Board
Optometrists Registration Board
Osteopaths Registration Board
Pharmacy Board of New South Wales
Physiotherapists Registration Board
Podiatrists Registration Board
Psychologists Registration Board

Insert instead in alphabetical order:

  Chiropractic Council of New South Wales
Dental Council of New South Wales
Medical Council of New South Wales
Nursing and Midwifery Council of New South Wales
Optometry Council of New South Wales
Osteopathy Council of New South Wales
Pharmacy Council of New South Wales
Physiotherapy Council of New South Wales
Podiatry Council of New South Wales
Psychology Council of New South Wales

2.43 Public Health Act 1991 No 10

[1]   Section 10AA

Omit the section. Insert instead:

  

10AA   Definitions

In this Part, health practitioner, health service, professional council and registration authority have the same meanings as in the Health Care Complaints Act 1993.

Note. The Health Care Complaints Act 1993 defines those terms as follows:

health practitioner means a natural person who provides a health service (whether or not the person is registered under the Health Practitioner Regulation National Law).

health service includes the following services, whether provided as public or private services:

(a)  medical, hospital and nursing services,

(b)  dental services,

(c)  mental health services,

(d)  pharmaceutical services,

(e)  ambulance services,

(f)  community health services,

(g)  health education services,

(h)  welfare services necessary to implement any services referred to in paragraphs (a)–(g),

(i)  services provided by podiatrists, chiropractors, osteopaths, optometrists, physiotherapists and psychologists,

(j)  services provided by optical dispensers, dietitians, masseurs, naturopaths, acupuncturists, occupational therapists, speech therapists, audiologists, audiometrists and radiographers,

(k)  services provided in other alternative health care fields,

(l)  forensic pathology services,

(m)  a service prescribed by the regulations as a health service for the purposes of the Health Care Complaints Act 1993.

professional council means:

(a)  in relation to a chiropractor, the Chiropractic Council of New South Wales, or

(b)  in relation to a dentist, dental hygienist, dental prosthetist, dental therapist or an oral health therapist, the Dental Council of New South Wales, or

(c)  in relation to a medical practitioner, the Medical Council of New South Wales, or

(d)  in relation to a nurse or midwife, the Nursing and Midwifery Council of New South Wales, or

(e)  in relation to an optometrist, the Optometry Council of New South Wales, or

(f)  in relation to an osteopath, the Osteopathy Council of New South Wales, or

(g)  in relation to a pharmacist, the Pharmacy Council of New South Wales, or

(h)  in relation to a physiotherapist, the Physiotherapy Council of New South Wales, or

(i)  in relation to a podiatrist, the Podiatry Council of New South Wales, or

(j)  in relation to a psychologist, the Psychology Council of New South Wales.

registration authority means:

(a)  in relation to a chiropractor, the Chiropractic Board of Australia, or

(b)  in relation to a dentist, dental hygienist, dental prosthetist, dental therapist or an oral health therapist, the Dental Board of Australia, or

(c)  in relation to a medical practitioner, the Medical Board of Australia, or

(d)  in relation to a nurse or midwife, the Nursing and Midwifery Board of Australia, or

(e)  in relation to an optometrist, the Optometry Board of Australia, or

(f)  in relation to an osteopath, the Osteopathy Board of Australia, or

(g)  in relation to a pharmacist, the Pharmacy Board of Australia, or

(h)  in relation to a physiotherapist, the Physiotherapy Board of Australia, or

(i)  in relation to a podiatrist, the Podiatry Board of Australia, or

(j)  in relation to a psychologist, the Psychology Board of Australia.

[2]   Part 2A, Division 2

Omit the Division.

[3]   Section 10AJ

Omit the section. Insert instead:

  

10AJ   Definitions

(1)  In this Division:

de-registered health practitioner means a health practitioner whose registration as a health practitioner under the Health Practitioner Regulation National Law or interstate health registration legislation is cancelled or suspended as a result of disciplinary proceedings under the Health Practitioner Regulation National Law, the Health Practitioner Regulation National Law (NSW) or interstate health registration legislation.

interstate health registration legislationmeans legislation of another State or Territory (other than the Health Practitioner Regulation National Law) that provides for the registration of health practitioners.

prohibition order means a prohibition order made under the Health Practitioner Regulation National Law (NSW) or section 41A of the Health Care Complaints Act 1993 and includes an interim prohibition order made under section 41AA of the Health Care Complaints Act 1993.

(2)  For the purposes of this Division, a person’s registration as a health practitioner under the Health Practitioner Regulation National Law or interstate health registration legislation is cancelled if any of the following happen as a result of an action, decision, determination or order of a registration authority, tribunal or court under that Law or legislation:

(a)  the person’s registration is cancelled,

(b)  the person is de-registered,

(c)  the person’s name is removed from, or struck off, a register or a roll,

(d)  the person’s practising certificate is cancelled.

(3)  For the purposes of this Division, a health practitioner is subject to a prohibition order if the health practitioner is, because of the order, subject to conditions when providing health services or is prohibited from providing some or all health services.

[4]   Sections 10AK (2) and 10AL (1)

Omit “a particular health registration Act or corresponding health registration legislation” and “that Act” wherever occurring.

Insert instead “the Health Practitioner Regulation National Law or interstate health registration legislation” and “that Law”, respectively.

[5]   Section 10AM Codes of conduct for unregistered health practitioners

Omit “a health registration Act” wherever occurring in section 10AM (1) (a) and (b).

Insert instead “the Health Practitioner Regulation National Law”.

[6]   Section 42E Definitions

Omit paragraph (b) of the definition of health practitioner. Insert instead:

  

(b)  a registered nurse or a registered midwife, or

[7]   Section 51 Skin penetration procedures—power of environmental health officers to enter and inspect premises

Omit paragraph (g) of the definition of skin penetration procedure from section 51 (3).

Insert instead:

  

(g)  a procedure carried out in the practice of a health profession by:

(i)  a health practitioner registered under the Health Practitioner Regulation National Law, or

(ii)  a person acting under the direction or supervision of such a health practitioner, or

[8]   Section 52 Nursing requirements for nursing homes

Omit the definition of registered nurse from section 52 (3).

2.44 Public Health (General) Regulation 2002

[1]   Clauses 20A and 20C

Omit the clauses.

[2]   Clause 25A (a) and (b) and clause 2 (a) and (b) of Schedule 3

Omit “a health registration Act” wherever occurring.

Insert instead “the Health Practitioner Regulation National Law”.

[3]   Schedule 3 Code of Conduct

Omit clause 1. Insert instead:

  

1   Definitions

In this code of conduct:

health practitioner and health service have the same meaning as in the Health Care Complaints Act 1993.

Note. 

The Health Care Complaints Act 1993 defines those terms as follows:

health practitioner means a natural person who provides a health service (whether or not the person is registered under the Health Practitioner Regulation National Law).

health service includes the following services, whether provided as public or private services:

(a)  medical, hospital and nursing services,

(b)  dental services,

(c)  mental health services,

(d)  pharmaceutical services,

(e)  ambulance services,

(f)  community health services,

(g)  health education services,

(h)  welfare services necessary to implement any services referred to in paragraphs (a)–(g),

(i)  services provided by podiatrists, chiropractors, osteopaths, optometrists, physiotherapists, and psychologists,

(j)  services provided by optical dispensers, dietitians, masseurs, naturopaths, acupuncturists, occupational therapists, speech therapists, audiologists, audiometrists and radiographers,

(k)  services provided in other alternative health care fields,

(l)  forensic pathology services,

(m)  a service prescribed by the regulations as a health service for the purposes of the Health Care Complaints Act 1993.

[4]   Schedule 3, clause 3

Insert after clause 3 (2) (b):

  

(b1)  a health practitioner must not provide services that he or she is not qualified to provide,

(b2)  a health practitioner must not use his or her possession of particular qualifications to mislead or deceive his or her clients as to his or her competence in his or her field of practice or ability to provide treatment,

[5]   Schedule 3, clause 18

Insert at the end of the Schedule:

  

18   Sale and supply of optical appliances

(1)  A health practitioner must not sell or supply an optical appliance (other than cosmetic contact lenses) to a person unless he or she does so in accordance with a prescription from a person authorised to prescribe the optical appliance under section 122 of the Health Practitioner Regulation National Law.

(2)  A health practitioner must not sell or supply contact lenses to a person unless he or she:

(a)  was licensed under the Optical Dispensers Act 1963 immediately before its repeal, or

(b)  has a Certificate IV in optical dispensing or an equivalent qualification.

(3)  A health practitioner who sells or supplies contact lenses to a person must provide the person with written information about the care, handling and wearing of contact lenses, including advice about possible adverse reactions to wearing contact lenses.

(4)  This clause does not apply to the sale or supply of the following:

(a)  hand-held magnifiers,

(b)  corrective lenses designed for use only in diving masks or swimming goggles,

(c)  ready made spectacles that:

(i)  are designed to alleviate the effects of presbyopia only, and

(ii)  comprise 2 lenses of equal power, being a power of plus one dioptre or more but not exceeding plus 3.5 dioptres.

(5)  In this clause:

cosmetic contact lenses means contact lenses that are not designed to correct, remedy or relieve any refractive abnormality or defect of sight.

optical appliance has the same meaning as it has in section 122 of the Health Practitioner Regulation National Law.

2.45 Public Health (Skin Penetration) Regulation 2000

Clause 4 Skin penetration procedure powers of environmental health officers to enter and inspect premises

Omit clause 4 (2) and the note.

2.46 Public Sector Employment and Management Act 2002 No 43

Schedule 1 Divisions of the Government Service

Insert the following in Columns 1 and 2 respectively in Part 2 before the matter relating to the “Health Professional Registration Boards Division”:

  

Health Professional Councils Authority Division

Director-General of the Department of Health

2.47 Radiation Control Regulation 2003

[1]   Clause 8A Exemptions from section 6 licensing requirements for dental profession in relation to use of certain radiation apparatus

Omit clause 8A (1) (a). Insert instead:

  

(a)  is registered under the Health Practitioner Regulation National Law to practise in the dental profession (other than as a student) as a dentist, a dental therapist, a dental hygienist or an oral health therapist, and is registered in the corresponding division of that profession, and

[2]   Clause 8A (2) (a)

Omit the paragraph. Insert instead:

  

(a)  is registered as a student in the dental profession under the Health Practitioner Regulation National Law, and

2.48 Road Transport (Driver Licensing) Regulation 2008

[1]   Clause 4 Definitions

Omit the definition of allied professional practitioner from clause 4 (1).

Insert instead:

  

allied professional practitioner means a psychologist, an optometrist or an occupational therapist.

[2]   Clause 4 (1), definition of “medical practitioner”

Omit the definition.

2.49 Stock Medicines Act 1989 No 182

Section 3 Definitions

Omit the definition of pharmacist from section 3 (1).

2.50 Supreme Court Rules 1970

Part 1, rule 8 Interpretation

Omit the definition of medical practitioner.

2.51 Uniform Civil Procedure Rules 2005

Schedule 8 Assignment of business in the Supreme Court

Omit the following from Part 1:

  

Nurses and Midwives Act 1991

Section 67

Common Law

2.52 Workers Compensation Act 1987 No 70

[1]   Section 59 Definitions

Omit the definitions of dental prosthetist and medical practitioner.

Insert instead in alphabetical order:

  

chiropractor means a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student).

dental prosthetist means a person registered under the Health Practitioner Regulation National Law:

(a)  to practise in the dental profession as a dental prosthetist (other than as a student), and

(b)  in the dental prosthetists division of that profession.

osteopath means a person registered under the Health Practitioner Regulation National Law to practise in the osteopathy profession (other than as a student).

[2]   Section 59, definition of “medical or related treatment”

Omit “a registered chiropractor or osteopath” from paragraph (a).

Insert instead “a chiropractor, an osteopath”.

2.53 Workers Compensation Regulation 2003

[1]   Clause 195A Disclosure of information for complaint about health practitioners (s 243 (2) (d) of the 1998 Act)

Omit “the registration authority under a relevant health registration Act” from clause 195A (1).

Insert instead “a professional council or registration authority under the Health Practitioner Regulation National Law”.

[2]   Clause 195A (2) (a) and (b)

Omit “relevant health registration Act” wherever occurring.

Insert instead “Health Practitioner Regulation National Law”.

[3]   Clause 195A (3)

Omit “health registration Act,”.

[4]   Clause 195A (3), definition of “relevant health registration Act”

Omit the definition.

Schedule 3 Repeals

1   Repeal of legislation

The following Acts and Regulations are repealed:

Chiropractors Act 2001 No 15

Chiropractors Regulation 2007

Dental Practice Act 2001 No 64

Dental Practice Regulation 2004

Dental Technicians Registration Act 1975 No 40

Dental Technicians Registration Regulation 2008

Medical Practice Act 1992 No 94

Medical Practice Regulation 2008

Nurses and Midwives Act 1991 No 9

Nurses and Midwives Regulation 2008

Optometrists Act 2002 No 30

Optometrists Regulation 2004

Osteopaths Act 2001 No 16

Osteopaths Regulation 2007

Pharmacy Practice Act 2006 No 59

Pharmacy Practice Regulation 2008

Physiotherapists Act 2001 No 67

Physiotherapists Regulation 2008

Podiatrists Act 2003 No 69

Podiatrists Regulation 2005

Psychologists Act 2001 No 69

Psychologists Regulation 2008

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Health Practitioner Regulation Amendment Act 2010 No 34. Assented to 15.6.2010. Date of commencement, Schs 2 and 3 excepted, assent, sec 2 (1); date of commencement of Schs 2 and 3, 1.7.2010, sec 2 (2).

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments