1 Short title
2 Commencement
3 Objectives and guiding principles
4 How functions to be exercised
5 Definitions
6 Interpretation generally
7 Single national entity
8 Extraterritorial operation of Law
9 Trans-Tasman mutual recognition principle
10 Law binds the State
11 Policy directions
12 Approval of registration standards
13 Approvals in relation to specialist registration
14 Approval of endorsement in relation to scheduled medicines
15 Approval of areas of practice for purposes of endorsement
16 How Ministerial Council exercises functions
17 Notification and publication of directions and approvals
Part 3 Australian Health Workforce Advisory Council
18 Establishment of Advisory Council
19 Function of Advisory Council
20 Publication of advice
21 Powers of Advisory Council
22 Membership of Advisory Council
Part 4 Australian Health Practitioner Regulation Agency
23 National Agency
24 General powers of National Agency
25 Functions of National Agency
26 Health profession agreements
26A Setting of fees in health profession agreements [NSW]
27 Co-operation with participating jurisdictions and Commonwealth
28 Office of National Agency
Division 2 Agency Management Committee
29 Agency Management Committee
30 Functions of Agency Management Committee
31 Establishment of National Boards
32 Powers of National Board
33 Membership of National Boards
34 Eligibility for appointment
Division 2 Functions of National Boards
35 Functions of National Boards
36 State and Territory Boards
37 Delegation of functions
Division 3 Registration standards and codes and guidelines
38 National board must develop registration standards
39 Codes and guidelines
40 Consultation about registration standards, codes and guidelines
41 Use of registration standards, codes or guidelines in disciplinary proceedings
Part 5A New South Wales Councils [NSW]
Note
41A Definitions [NSW]
41B Establishment of Councils [NSW]
41C General powers of Councils [NSW]
41D Functions of Councils [NSW]
41E Membership of Councils [NSW]
41F Committees [NSW]
41G Councils’ complaint functions may be exercised by 2 or more members [NSW]
41H Annual report [NSW]
41I Information to be made available to public [NSW]
41J Delegation by Council and Executive Officer [NSW]
41K Service of documents on Councils [NSW]
41L Authentication of certain documents [NSW]
41M Recovery of charges, fines, fees and other money by Councils [NSW]
41N Proof of certain matters not required [NSW]
Division 3 Proceedings of Councils [NSW]
41O Other matters to be taken into account [NSW]
41P Exercise of functions with consent [NSW]
Division 4 Administration [NSW]
41Q Executive Officer [NSW]
41R Financial provisions [NSW]
41S Education and Research Account [NSW]
41T Medical Council to pay expenses of Medical Services Committee [NSW]
42 Definition
Division 2 Accreditation authorities
43 Accreditation authority to be decided
44 National Agency may enter into contracts with external accreditation entities
45 Accreditation processes to be published
Division 3 Accreditation functions
46 Development of accreditation standards
47 Approval of accreditation standards
48 Accreditation of programs of study
49 Approval of accredited programs of study
50 Accreditation authority to monitor approved programs of study
51 Changes to approval of program of study
Part 7 Registration of health practitioners
Division 1 General registration
52 Eligibility for general registration
53 Qualifications for general registration
54 Examination or assessment for general registration
55 Unsuitability to hold general registration
56 Period of general registration
Division 2 Specialist registration
57 Eligibility for specialist registration
58 Qualifications for specialist registration
59 Examination or assessment for specialist registration
60 Unsuitability to hold specialist registration
61 Period of specialist registration
Division 3 Provisional registration
62 Eligibility for provisional registration
63 Unsuitability to hold provisional registration
64 Period of provisional registration
Division 4 Limited registration
65 Eligibility for limited registration
66 Limited registration for postgraduate training or supervised practice
67 Limited registration for area of need
68 Limited registration in public interest
69 Limited registration for teaching or research
70 Unsuitability to hold limited registration
71 Limited registration not to be held for more than one purpose
72 Period of limited registration
Division 5 Non-practising registration
73 Eligibility for non-practising registration
74 Unsuitability to hold non-practising registration
75 Registered health practitioner who holds non-practising registration must not practise the profession
76 Period of non-practising registration
Division 6 Application for registration
77 Application for registration
78 Power to check applicant’s proof of identity
79 Power to check applicant’s criminal history
80 Boards’ other powers before deciding application for registration
81 Applicant may make submissions about proposed refusal of application or imposition of condition
82 Decision about application
83 Conditions of registration
84 Notice to be given to applicant
85 Failure to decide application
Division 7 Student registration
Subdivision 1 Persons undertaking approved programs of study
86 Definitions
87 National Board must register persons undertaking approved program of study
88 National Board may ask education provider for list of persons undertaking approved program of study
89 Registration of students
90 Period of student registration
Subdivision 2 Other persons to be registered as students
91 Education provider to provide lists of persons
Subdivision 3 General provisions applicable to students
92 Notice to be given if student registration suspended or condition imposed
93 Report to National Board of cessation of status as student
Division 8 Endorsement of registration
Subdivision 1 Endorsement in relation to scheduled medicines
94 Endorsement for scheduled medicines
Subdivision 2 Endorsement in relation to nurse practitioners
95 Endorsement as nurse practitioner
Subdivision 3 Endorsement in relation to midwife practitioners
96 Endorsement as midwife practitioner
Subdivision 4 Endorsement in relation to acupuncture
97 Endorsement for acupuncture
Subdivision 5 Endorsements in relation to approved areas of practice
98 Endorsement for approved area of practice
Subdivision 6 Application for endorsement
99 Application for endorsement
100 Boards’ other powers before deciding application for endorsement
101 Applicant may make submissions about proposed refusal of application or imposition of condition
102 Decision about application
103 Conditions of endorsement
104 Notice of decision to be given to applicant
105 Period of endorsement
106 Failure to decide application for endorsement
Division 9 Renewal of registration
107 Application for renewal of registration or endorsement
108 Registration taken to continue in force
109 Annual statement
110 National Board’s powers before making decision
111 Applicant may make submissions about proposed refusal of application for renewal or imposition of condition
112 Decision about application for renewal
Division 10 Title and practice protections
Subdivision 1 Title protections
113 Restriction on use of protected titles
114 Use of title “acupuncturist”
115 Restriction on use of specialist titles
116 Claims by persons as to registration as health practitioner
117 Claims by persons as to registration in particular profession or division
118 Claims by persons as to specialist registration
119 Claims about type of registration or registration in recognised specialty
120 Registered health practitioner registered on conditions
Subdivision 2 Practice protections
Note
121 Restricted dental acts
121A General anaesthesia and simple sedation in dentistry [NSW]
122 Restriction on prescription of optical appliances
123 Restriction on spinal manipulation
Subdivision 1 Certificates of registration
124 Issue of certificate of registration
Subdivision 2 Review of conditions and undertakings
125 Changing or removing conditions or undertaking on application by registered health practitioner or student
126 Changing conditions on Board’s initiative
127 Removal of condition or revocation of undertaking
Subdivision 3 Obligations of registered health practitioners and students
128 Continuing professional development
129 Professional indemnity insurance arrangements
130 Registered health practitioner or student to give National Board notice of certain events
131 Change in principal place of practice, address or name
132 National Board may ask registered health practitioner for employer’s details
133 Advertising
Subdivision 5 Board’s powers to check identity and criminal history
134 Evidence of identity
135 Criminal history check
136 Directing or inciting unprofessional conduct or professional misconduct
137 Surrender of registration
Part 8 Health, performance and conduct
Note
138 Definitions [NSW]
139 Competence to practise health profession [NSW]
139A Confidential information [NSW]
139B Meaning of “unsatisfactory professional conduct” of registered health practitioner generally [NSW]
139C Additional matters that constitute unsatisfactory professional conduct of medical practitioners [NSW]
139D Additional matters that constitute unsatisfactory professional conduct of pharmacists [NSW]
139E Meaning of “professional misconduct” [NSW]
139F References to “complaint” [NSW]
139G Part applicable to persons formerly registered under this Law
139H Part applicable to persons formerly registered under corresponding prior Act in certain circumstances
Division 2 Mandatory notifications
Note
140 Definition of notifiable conduct
141 Mandatory notifications by health practitioners
142 Mandatory notifications by employers
143 Mandatory notifications by education providers
Subdivision 1 Making complaints [NSW]
144 Grounds for complaint about registered health practitioner [NSW]
144A Grounds for complaint about student [NSW]
144B Who can make complaint [NSW]
144C Complaints may be made to Council or Health Care Complaints Commission [NSW]
144D Complaints to be in writing [NSW]
144E Where to lodge complaints [NSW]
144F Further particulars may be required from complainant [NSW]
144G Council to notify Commission and National Boards of complaints [NSW]
Subdivision 2 How complaints are to be dealt with [NSW]
145 Complaints to be dealt with expeditiously [NSW]
145A Council and Commission to consult on complaint [NSW]
145B Courses of action available to Council on complaint [NSW]
145C Courses of action available to the Commission on complaint [NSW]
145D Serious complaints must be referred to Tribunal [NSW]
145E Council may require health practitioner or student to undergo examination [NSW]
145F Result of failure to attend counselling or examination [NSW]
145G Inquiries etc not prevented by other proceedings [NSW]
145H Complaint not to be referred if health practitioner or student dead [NSW]
145I Complaint need not be referred if health practitioner or student no longer registered [NSW]
145J Complaint need not be referred if complainant fails to provide further particulars [NSW]
Subdivision 3 Disciplinary powers of Professional Standards Committees [NSW]
146 Definitions [NSW]
146A Powers may be exercised if complaint proved or admitted [NSW]
146B General powers to caution, reprimand, counsel etc [NSW]
146C Power to fine in certain cases [NSW]
146D Committee can recommend suspension or cancellation on grounds of lack of physical or mental capacity [NSW]
146E Council may refer contravention of conditions to Tribunal [NSW]
Subdivision 4 Dealing with complaints by Assessment Committee [NSW]
147 Definitions [NSW]
147A Complaints that may be referred to Committee [NSW]
147B How complaints are dealt with [NSW]
147C Skills testing of relevant health practitioner [NSW]
147D Recommendations of Committee [NSW]
147E No representation for parties appearing before Committee [NSW]
Subdivision 5 Dealing with complaint by inquiry at meeting of Council [NSW]
148 Application of Subdivision [NSW]
148A Procedures for dealing with complaint at meeting [NSW]
148B General procedure [NSW]
148C Conduct of meeting [NSW]
148D Making submissions to inquiry [NSW]
148E General powers of Council [NSW]
148F Power to fine in certain cases [NSW]
148G Power of Council to recommend suspension or cancellation of registration [NSW]
148H Decision of the Council [NSW]
148I Admissibility of Council’s findings [NSW]
Subdivision 6 Disciplinary powers of Tribunals [NSW]
149 Powers may be exercised if complaint proved or admitted [NSW]
149A General powers to caution, reprimand, counsel etc [NSW]
149B Power to fine registered health practitioner in certain cases [NSW]
149C Tribunals may suspend or cancel registration in certain cases [NSW]
149D Council may refer contravention of disciplinary order to Tribunal [NSW]
Subdivision 7 Powers of a Council for protection of public [NSW]
150 Suspension or conditions of registration to protect public [NSW]
150A Review of certain decisions [NSW]
150B Audio recording of meeting [NSW]
150C Power to remove or alter conditions or end suspension [NSW]
150D Referral of matter to Commission [NSW]
150E Special provision—performance assessment [NSW]
150F Special provisions—impairment [NSW]
150G Ending suspension [NSW]
150H Duration of conditions—complaint matters [NSW]
150I Duration of conditions—impairment matters [NSW]
150J Powers of Council to obtain information, records and evidence [NSW]
Subdivision 8 Duty of courts etc to refer matters to Executive Officer [NSW]
151 Referral of mental health matters to Executive Officer [NSW]
151A Referral of matters by courts [NSW]
152 Persons may notify Council of impairment matters concerning practitioners or students [NSW]
152A Commission may refer impairment matters to Council [NSW]
152B Council may require registered health practitioner to undergo examination [NSW]
152C Council may require student to undergo examination [NSW]
152D Referral of impairment matters concerning practitioners or students [NSW]
152E Panel must inquire into matters referred to it [NSW]
152F Panel not to take action while Commission investigating [NSW]
152G Council to give notice of proposed inquiry [NSW]
152H Practitioner or student entitled to make representations [NSW]
152I Assessment, report and recommendations by Panel [NSW]
152J Voluntary suspension or conditions on registration [NSW]
152K Review of conditions [NSW]
152L Some matters to be dealt with as complaints [NSW]
152M Prohibition or conditions on student [NSW]
Division 5 Performance assessment [NSW]
Subdivision 1 Preliminary [NSW]
153 Meaning of “professional performance” [NSW]
153A Meaning of “unsatisfactory” in relation to professional performance [NSW]
Subdivision 2 Council may obtain performance assessment [NSW]
154 Power to obtain assessment [NSW]
154A Serious matters not to be referred for assessment [NSW]
154B Persons may notify Council of professional performance matters [NSW]
154C Commission may refer professional performance matters to Council [NSW]
Subdivision 3 Assessment of professional performance by assessor [NSW]
155 How Council obtains an assessment [NSW]
155A Information to be given to health practitioner [NSW]
155B Report and recommendations by assessor [NSW]
155C Action that may be taken by Council [NSW]
Subdivision 4 Performance review by Performance Review Panel [NSW]
156 Panel to conduct performance review [NSW]
156A Panel not to take action while Commission investigating [NSW]
156B Panel must refer certain matters to Council [NSW]
156C Actions by Panel [NSW]
156D Re-assessment [NSW]
156E Decision [NSW]
156F Statement need not contain confidential information [NSW]
Subdivision 5 Miscellaneous [NSW]
157 Monitoring by Council [NSW]
Division 6 Appeals to Tribunal [NSW]
Subdivision 1 Appeals against actions of Committee [NSW]
158 Appeals against decisions of Committee [NSW]
158A Appeals on points of law [NSW]
Subdivision 2 Appeal against actions by Council [NSW]
159 Right of appeal [NSW]
159A Appeal by student against order [NSW]
159B Appeal on point of law [NSW]
159C Tribunal’s powers on appeal [NSW]
Subdivision 3 Appeal against actions of Performance Review Panel [NSW]
160 Appeals against decisions of Panel [NSW]
160A Appeals on points of law [NSW]
Subdivision 4 Miscellaneous [NSW]
161 When appeal must be made [NSW]
161A Lodgment of appeal [NSW]
161B Appeal does not stay decision [NSW]
Division 7 Appeals to Supreme Court [NSW]
162 Appeal against Tribunal’s decisions and actions [NSW]
162A Powers of Supreme Court on appeal [NSW]
163 Appropriate review body [NSW]
163A Right of review [NSW]
163B Powers on review [NSW]
163C Inquiry into review application [NSW]
Division 9 Enforcement powers [NSW]
164 Appointment of authorised persons [NSW]
164A Powers of authorised persons [NSW]
164B Search warrants [NSW]
164C Offences [NSW]
164D Self-incrimination [NSW]
164E Offence of impersonating authorised person [NSW]
164F Authorised persons to produce certificate of authority [NSW]
164G Council may require further information from practitioner or student [NSW]
Subdivision 1 Establishment of Tribunals [NSW]
165 Establishment of Tribunals [NSW]
165A Tribunal to be constituted to deal with complaints, applications and appeals [NSW]
165B Chairperson and Deputy Chairpersons of Tribunals [NSW]
165C Effect of vacancy on Tribunal [NSW]
165D Payment of non-judicial and non-legal Tribunal members [NSW]
165E Protections and immunities of judicial members [NSW]
165F Seal of Tribunal [NSW]
165G Medical Tribunal Registry [NSW]
Subdivision 2 Proceedings of Tribunals [NSW]
166 Decisions of Tribunals [NSW]
166A Time when orders take effect [NSW]
166B Powers of Tribunal exercised by Supreme Court [NSW]
166C Executive Officer to be informed of disciplinary action [NSW]
166D Rules of practice and procedure for the Medical Tribunal [NSW]
Subdivision 3 Inquiries and appeals before Tribunal [NSW]
167 Jurisdiction [NSW]
167A Notice of time and place of inquiry or appeal [NSW]
167B Conduct of proceedings [NSW]
167C Representation before Tribunals [NSW]
167D Chairperson or Deputy Chairperson not to review own decisions [NSW]
167E Adjournments and interlocutory orders [NSW]
167F Tribunals to provide details of decisions [NSW]
167G Statement need not contain confidential information [NSW]
Division 11 Professional Standards Committees [NSW]
Subdivision 1 Preliminary [NSW]
168 Definitions [NSW]
Subdivision 2 Establishment and membership of Committees [NSW]
169 Establishment of Committees [NSW]
169A Council to establish Committee when required [NSW]
169B Membership of Committee [NSW]
Subdivision 3 Proceedings of Committees [NSW]
170 Multiple inquiries [NSW]
170A How a Committee decides [NSW]
170B Time when orders take effect [NSW]
170C Committee to inform Executive Officer of its actions under disciplinary provisions [NSW]
170D Chairperson may exercise certain powers of Committee [NSW]
Subdivision 4 Inquiries before Committees [NSW]
171 Committee to hold inquiry into complaint [NSW]
171A Procedure for inquiry [NSW]
171B Representation at inquiry [NSW]
171C Adjournments and interlocutory orders [NSW]
171D Committee must refer certain matters to Tribunal [NSW]
171E Committee to provide details of decision [NSW]
171F Statement need not contain confidential information [NSW]
Division 12 Assessment Committees [NSW]
172 Definitions [NSW]
172A Establishment of Committees [NSW]
172B Membership of Committee [NSW]
172C Multiple inquiries [NSW]
Division 13 Impaired Registrants Panels [NSW]
173 Establishment of Impaired Registrants Panels [NSW]
173A Council to establish Panel when required [NSW]
173B Decisions of Panel [NSW]
Division 14 Performance Review Panels and assessors [NSW]
174 Establishment of Performance Review Panels [NSW]
174A Membership of Performance Review Panels [NSW]
174B Decisions of Panel [NSW]
174C Certain powers may be exercised by Chairperson [NSW]
174D Assessors [NSW]
175 Appellable decisions [NSW]
175A Parties to the proceedings [NSW]
175B Costs
175C Decision
Division 14B Miscellaneous [NSW]
176 Notice from adjudication body [NSW]
176A Implementation of decisions
176B National Board to give notice to registered health practitioner’s employer
176C Adjudication body to consider impact of decision on third parties [NSW]
176D Effect of suspension
176E Protection from liability for certain publications [NSW]
176F Confidentiality of protected reports
177–207 (Repealed)
208 Australian Health Practitioner Regulation Agency Fund
209 Payments into Agency Fund
210 Payments out of Agency Fund
211 Investment of money in Agency Fund
212 Financial management duties of National Agency and National Boards
Part 10 Information and privacy
213 Application of Commonwealth Privacy Act
Division 2 Disclosure of information and confidentiality
214 Definition
215 Application of Commonwealth FOI Act
216 Duty of confidentiality
217 Disclosure of information for workforce planning
218 Disclosure of information for information management and communication purposes
219 Disclosure of information to other Commonwealth, State and Territory entities
220 Disclosure to protect health or safety of patients or other persons
221 Disclosure to registration authorities
Division 3 Registers in relation to registered health practitioner
222 National Registers
223 Specialists Registers
224 Way registers are to be kept
225 Information to be recorded in National Register
226 National Board may decide not to include or to remove certain information in register
227 Register about former registered health practitioners
228 Inspection of registers
229 Student registers
230 Information to be recorded in student register
231 Other records to be kept by National Boards
232 Record of adjudication decisions to be kept and made publicly available
233 Unique identifier to be given to each registered health practitioner
Division 1 Provisions relating to persons exercising functions under Law
234 General duties of persons exercising functions under this Law
235 Application of Commonwealth Ombudsman Act
236 Protection from personal liability for persons exercising functions
236A Protection from personal liability for persons exercising functions under NSW provisions [NSW]
237 Protection from liability for persons making notification or otherwise providing information
238 Functions and powers of inspectors
239 Appointment of inspectors
240 Identity card
241 Display of identity card
242 Proceedings for offences
243 Conduct may constitute offence and be subject of disciplinary proceedings
244 Evidentiary certificates
244A Evidentiary certificates for NSW provisions [NSW]
245 National regulations
246 Parliamentary scrutiny of national regulations
247 Effect of disallowance of national regulation
247A NSW regulations [NSW]
248 Combined notice may be given
249 Fees
Part 12 Transitional provisions
250 Definitions
251 References to registered health practitioners
Division 2 Ministerial Council
252 Directions given by Ministerial council
253 Accreditation functions exercised by existing accreditation entities
254 Health profession standards approved by Ministerial Council
255 Accreditation standards approved by National Board
256 Members of Advisory Council
257 Health profession agreements
258 Service agreement
Division 5 Agency Management Committee
259 Members of Agency Management Committee
Division 6 Staff, consultants and contractors of National Agency
260 Chief executive officer
261 Staff
262 Consultants and contractors
263 Annual report
264 Members of National Boards
265 Committees
266 Delegation
267 Agency Fund
268 Offences
269 General registration
270 Specialist registration
271 Provisional registration
272 Limited registration
273 Limited registration (public interest-occasional practice)
274 Non-practising registration
275 Registration for existing registered students
276 Registration for new students
277 Other registrations
278 Endorsements
279 Conditions imposed on registration or endorsement
280 Expiry of registration and endorsement
281 Protected titles for certain specialist health practitioners
282 First renewal of registration or endorsement
283 Programs of study
284 Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery
Division 12 Applications for registration and endorsement
285 Applications for registration
286 Applications for endorsement
287 Disqualifications and conditions relevant to applications for registration
Division 13 Complaints, notifications and disciplinary proceedings
288 Complaints and notifications made but not being dealt with on participation day
289 Complaints and notifications being dealt with on participation day
290 Effect of suspension
291 Undertakings and other agreements
292 Orders
293
Division 14 Local registration authority
294 Definition
295
296 Records relating to registration and accreditation
297
298
299 Members of local registration authority
Division 15 Staged commencement for certain health professions
300 Application of Law to relevant health profession between commencement and 1 July 2012
301 Ministerial Council may appoint external accreditation entity
302 Application of Law to appointment of first National Board for relevant professions
303 Qualifications for general registration in relevant profession
304 Relationship with other provisions of Law
Division 16 Savings and transitional regulations
305 Savings and transitional regulations
Schedule 1 Constitution and procedure of Advisory Council
Schedule 2 Agency Management Committee
Schedule 5A Savings and transitional provisions [NSW]
Schedule 5B Provisions relating to performance assessments [NSW]
Schedule 5C Provisions relating to the members and procedure of Councils [NSW]
Schedule 5D Proceedings before Professional Standards Committees or Tribunals [NSW]
Schedule 5E Provisions relating to Assessment Committee [NSW]
Schedule 7 Miscellaneous provisions relating to interpretation