- Health Practitioner Regulation National Law (NSW) No 86a
- Status information
- Long title
- Part 1 Preliminary
- 1 Short title
- 2 Commencement
- 3 Objectives and guiding principles
- 3A Objective and guiding principle [NSW]
- 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
- Part 2 Ministerial Council
- 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
- Part 4 Australian Health Practitioner Regulation Agency
- Part 5 National Boards
- Part 5A New South Wales Councils [NSW]
- Note
- Division 1 Preliminary [NSW]
- Division 2 Councils [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]
- 41NA Special provisions relating to non-financially viable Councils [NSW]
- Division 3 Proceedings of Councils [NSW]
- Division 4 Administration [NSW]
- Division 5 Finance [NSW]
- Part 6 Accreditation
- Part 7 Registration of health practitioners
- Division 1 General registration
- Division 2 Specialist registration
- Division 3 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
- 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
- Division 8 Endorsement of registration
- Subdivision 1 Endorsement in relation to scheduled medicines
- Subdivision 2 Endorsement in relation to nurse practitioners
- Subdivision 3 Endorsement in relation to midwife practitioners
- Subdivision 4 Endorsement in relation to acupuncture
- Subdivision 5 Endorsements in relation to approved areas 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
- Division 11 Miscellaneous
- Subdivision 1 Certificates 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
- 127A When matters under this subdivision may be decided by review body of a co-regulatory jurisdiction
- 127AA Council to be review body for purposes of section 127A [NSW]
- 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 practice information
- Subdivision 4 Advertising
- Subdivision 5 Board’s powers to check identity and criminal history
- Subdivision 6 General
- Part 8 Health, performance and conduct
- Note
- Division 1 Preliminary [NSW]
- 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
- 139I Notifications under section 130 [NSW]
- Division 2 Mandatory notifications
- Division 3 Complaints [NSW]
- 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]
- 145BA Notification of outcomes of complaints to complainants [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]
- 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 Tribunal may suspend or cancel registration in certain cases [NSW]
- 149D Council may refer contravention of disciplinary order to Tribunal [NSW]
- 149E Effect of cancellation and disqualification decisions of 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]
- 150FA Critical impairment conditions [NSW]
- 150G (Repealed)
- 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]
- Division 4 Impairment [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]
- Subdivision 2 Council may obtain performance assessment [NSW]
- Subdivision 3 Assessment of professional performance by assessor [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]
- Division 6 Appeals to Tribunal [NSW]
- Division 7
- Division 8 Reviews [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]
- Division 10 Constitution and proceedings of Tribunal
- Subdivision 1 Interpretation
- Subdivision 2 Constitution of Tribunal
- Subdivision 3 Proceedings of Tribunal [NSW]
- Subdivision 4 Inquiries and appeals before Tribunal [NSW]
- 165H No inquiry required if complaint admitted [NSW]
- 165I Notice of time and place of inquiry or appeal [NSW]
- 165J Representation before Tribunal [NSW]
- 165K When hearings may be closed to public [NSW]
- 165L Interlocutory orders [NSW]
- 165M Tribunal to provide details of decisions [NSW]
- 166–167G (Repealed)
- Division 11 Professional Standards Committees [NSW]
- Subdivision 1 Preliminary [NSW]
- Subdivision 2 Establishment and membership of Committees [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]
- 170E Effect of vacancy on 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]
- 171G Record of inquiry [NSW]
- Division 12 Assessment Committees [NSW]
- Division 13 Impaired Registrants Panels [NSW]
- Division 14 Performance Review Panels and assessors [NSW]
- Division 14A Appeals [NSW]
- 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 and other entities [NSW]
- 176BA Council to notify employers and accreditors about conditions concerning health, conduct or performance of health practitioners [NSW]
- 176C Adjudication body to consider impact of decision on third parties [NSW]
- 176D Effect of suspension [NSW]
- 176E Protection from liability for certain publications [NSW]
- 176F Confidentiality of protected reports
- 177–207 (Repealed)
- Part 9 Finance
- Part 10 Information and privacy
- Division 1A Australian Information Commissioner
- Division 1 Privacy
- 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 Public 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
- Division 4 Student registers
- Division 5 Other records
- Division 6 Unique identifier
- Part 11 Miscellaneous
- 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
- Division 2 Inspectors
- Division 3 Legal proceedings
- Division 4 Regulations
- Division 5 Miscellaneous
- Part 12 Transitional provisions
- Division 1 Preliminary
- Division 2 Ministerial Council
- Division 3 Advisory Council
- Division 4 National Agency
- Division 5 Agency Management Committee
- Division 6 Staff, consultants and contractors of National Agency
- Division 7 Reports
- Division 8 National Boards
- Division 9 Agency Fund
- Division 10 Offences
- Division 11 Registration
- 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
- Division 13 Complaints, notifications and disciplinary proceedings
- Division 14 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
- Part 13 Transitional and other provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2017
- Division 1 Paramedicine Board and registration of paramedics
- 306 Definitions
- 307 Establishment of Paramedicine Board
- 308 Powers and functions of Paramedicine Board
- 309 Paramedicine Board taken to be a National Board for stated matters
- 310 CAA accredited programs of study
- 311 Qualifications for general registration in paramedicine for a limited period
- 312 Accepted qualification for general registration in paramedicine
- 313 Provisions that apply to student registration for Diploma of Paramedical Science
- 314 Applications for registration in paramedicine and period of registration
- 315 Applications for registration in paramedicine made but not decided before participation day
- 316 Period after participation day during which an individual does not commit an offence under ss 113 and 116
- 317 Application of ss 113 and 116 to individual temporarily practising paramedicine in another jurisdiction
- Division 2 Other transitional provisions
- 318 Deciding review period for decision on application made under section 125 before commencement
- 319 Deciding review period for decision after notice given under section 126 before commencement
- 320 Membership of continued National Boards
- 321
- 322 Register to include prohibition orders made before commencement
- 323 Public national registers
- Schedule 1 Constitution and procedure of Advisory Council
- Schedule 2 Agency Management Committee
- Schedule 3 National Agency
- Schedule 4 National Boards
- Schedule 5 Investigators
- 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 the Tribunal [NSW]
- Schedule 5E Provisions relating to Assessment Committee [NSW]
- Schedule 5F Pharmacies [NSW]
- Schedule 6 Inspectors
- Schedule 7 Miscellaneous provisions relating to interpretation
- Historical notes
Health Practitioner Regulation National Law (NSW) No 86a
Current
version
for 1 July 2019
to date
(accessed 2 March 2020 at 00:00)
Status information
Currency of version
Current version for 1 July 2019 to date (accessed 2 March 2020 at 00:00)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Does not include amendments by:
Health Practitioner Regulation National Law and Other Legislation Amendment Act 2019 No 3 of Queensland, secs 17–20 (not commenced)
Health Practitioner Regulation National Law and Other Legislation Amendment Act 2019 No 3 of Queensland, secs 17–20 (not commenced)
Note:
The Health Practitioner Regulation National Law is applied (with modifications) as a law of NSW by the NSW Health Practitioner Regulation (Adoption of National Law) Act 2009. This version is the Law as it applies in NSW.
The Health Practitioner Regulation National Law is applied (with modifications) as a law of NSW by the NSW Health Practitioner Regulation (Adoption of National Law) Act 2009. This version is the Law as it applies in NSW.
Responsible Minister
Minister for Health and Medical Research, jointly with the Minister for Mental Health, Regional Youth and Women, except section 165B; section 165B, the Attorney General, and Minister for the Prevention of Domestic Violence
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.