An Act to amend the Health Practitioner Regulation (Adoption of National Law) Act 2009 consequential on changes made to the Health Practitioner Regulation National Law by the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 of Queensland; and for other purposes.
1 Name of Act
This Act is the Health Practitioner Regulation Amendment Act 2017.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86
[1] Schedule 1 Modification of Health Practitioner Regulation National Law
Insert “prohibition order,” after “professional misconduct,” in item [1].
[2] Schedule 1 [2]
Insert in alphabetical order:prohibition orderNote—This definition is not applicable to New South Wales.
[3] Schedule 1 [8], section 41B (1)
Insert in alphabetical order in the Table to the subsection:
[4] Schedule 1 [10A]
Insert after Schedule 1 [10]:[10A] Section 127AAInsert after section 127A:127AA Council to be review body for purposes of section 127A [NSW](1) The Council for the health profession in which the relevant practitioner or student is registered is declared to be the review body for the purposes of section 127A.(2) A Council, in deciding a matter referred to it under section 127A, must do so in accordance with this section.(3) A Council may inquire into and decide the matter on its own motion or on the application of the relevant practitioner or student.(4) An application may not be made—(a) while the terms of the condition or undertaking provide that an application for review may not be made; or(b) while an appeal to the Tribunal or the Supreme Court in respect of the same matter is pending.(5) A Council, following its inquiry into a matter, may do any of the following—(a) in the case of an inquiry initiated by an application, dismiss the application;(b) in the case of an inquiry initiated by the Council, decide to do nothing;(c) in the case of an inquiry in relation to an undertaking, decide to revoke the undertaking or revoke the undertaking and impose a condition on similar or different terms as the undertaking;(d) in the case of an inquiry in relation to a condition, decide to remove the condition, change the condition or remove the condition and impose a new condition.Note—This section is an additional New South Wales provision.
[5] Schedule 1 [15], section 159 (1) (b)
Insert “section 127AA or” after “under”.
[6] Schedule 1 [15], section 163A (4)
Omit “Court.” from paragraph (e) of the definition of decision-making entity.Insert instead:Court;(f) a review body in New South Wales, when deciding a matter under section 127A.
[7] Schedule 1 [15], section 176B
Omit the section. Insert instead:176B National Board to give notice to registered health practitioner’s employer and other entities [NSW](1) This section applies if—(a) a National Board—(i) decides to take health, conduct or performance action against a registered health practitioner; or(ii) receives notice from an adjudication body that the adjudication body has decided to take health, conduct or performance action against a registered health practitioner; or(iii) receives notice from a co-regulatory authority that an adjudication body in the co-regulatory jurisdiction has decided to take health, conduct or performance action against a registered health practitioner; and(b) the National Board has been given practice information under section 132 or becomes aware of practice information it should have been given under that section.(2) The National Board, as soon as practicable after making the decision or receiving the notice—(a) if the practice information given to the Board, or of which the Board becomes aware, is information referred to in paragraph (a) of the definition of practice information in section 132 (4) and includes the names of other registered health practitioners—may give written notice to each of those practitioners of the decision to take health, conduct or performance action against the registered health practitioner; or(b) if the practice information given to the Board, or of which the Board becomes aware, is information referred to in paragraph (c) or (d) of the definition of practice information in section 132 (4) and includes the name of an entity—must give written notice to the entity of the decision to take health, conduct or performance action against the registered health practitioner.
[8] Schedule 1 [25], Schedule 5A
Insert after clause 37:Part 8 Provision consequent on enactment of Health Practitioner Regulation Amendment Act 2017 [NSW]38 Setting of inaugural fee by Secretary for paramedicine [NSW]Until such time as the amount of the complaints element for registration fees payable by paramedics is first set in accordance with section 26A of the Law, the Secretary of the Ministry of Health may instead set the amount.
Schedule 2 Amendment of Health Care Complaints Act 1993 No 105
[1] Section 4 Definitions
Omit the definitions of chiropractor, dental hygienist, dental prosthetist, dental therapist, oral health therapist, osteopath, professional council and .Insert in alphabetical order: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 (including with any modifications) as a law of New South Wales or another State or Territory, or(b) the law of another State or Territory that substantially corresponds to the law referred to in paragraph (a).professional council means, in relation to a health practitioner in a health profession for which a Council is established under section 41B of the Health Practitioner Regulation National Law (NSW), the Council for that health profession.registered health practitioner has the same meaning as in the Health Practitioner Regulation National Law (NSW).means, in relation to a health practitioner in a health profession for which a National Board (within the meaning of the Health Practitioner Regulation National Law (NSW)) is provided—that National Board.student has the same meaning as in the Health Practitioner Regulation National Law (NSW).
[2] Section 10 Notifying professional councils of complaints
Omit “registered under the Health Practitioner Regulation National Law” from section 10 (1).Insert instead “a registered health practitioner”.
[3] Sections 14 and 22A (1) (b) (i)
Omit “Health Practitioner Regulation National Law” wherever occurring.Insert instead “Health Practitioner Regulation National Law (NSW)”.
[4] Section 30 Expert assistance
Omit “a person registered under the Health Practitioner Regulation National Law” from section 30 (1).Insert instead “a registered health practitioner”.
[5] Section 34 Search warrant
Omit “registered under the Health Practitioner Regulation National Law” from section 34 (2).Insert instead “a registered health practitioner or a student”.
[6] Section 41A Prohibition orders and public statements
Omit “registered under the Health Practitioner Regulation National Law” from section 41A (3).Insert instead “a registered health practitioner”.
[7] Section 94B
Omit the section. Insert instead:94B Publication of information about decisions and de-registered practitioners(1) The Commission must make publicly available a statement of a decision of a tribunal if the statement is provided to it under the Health Practitioner Regulation National Law (NSW) and is in respect of a complaint that has been proved or admitted in whole or in part unless the tribunal has ordered otherwise.(2) The Commission may disseminate a statement of a decision of a professional council or registration authority provided to it under the Health Practitioner Regulation National Law as it sees fit unless the professional council or registration authority has ordered otherwise.(3) The Commission must make publicly available information required to be provided to it about a person whose registration as a registered health practitioner is cancelled or suspended as a result of disciplinary proceedings.(4) For the purposes of this section, a person’s registration as a registered health practitioner is cancelled if any of the following happen as a result of an action, decision, determination or order of a professional council, registration authority, tribunal or court:(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.
[8] Schedule 4 Savings, transitional and other provisions
Insert after Part 9:Part 10 Provision consequent on enactment of Health Practitioner Regulation Amendment Act 201724 ParamedicsDivision 6A of Part 2 of this Act continues to apply to a registered paramedic as if the paramedic were not registered but only in respect of a complaint made against the paramedic before the paramedic became a registered paramedic.
Schedule 3 Amendment of Health Services Act 1997 No 154
[1] Chapter 5A Ambulance services
Omit Part 6A.
[2] Section 117 Duty to report certain criminal conduct and disciplinary matters
Omit “Health Practitioner Regulation National Law” from the note to the section.Insert instead “Health Practitioner Regulation National Law (NSW)”.
[3] Section 117A
Omit the section. Insert instead:117A Duty of chief executive to report certain conduct(1) The chief executive of a public health organisation is to report the conduct of a member of staff of the organisation to a Council established (under section 41B of the Health Practitioner Regulation National Law (NSW)) for a health profession if:(a) the member of staff is a health practitioner in that health profession, and(b) the chief executive suspects on reasonable grounds that the conduct may constitute professional misconduct or unsatisfactory professional conduct under that Law.(2) For the purposes of this section, the Ambulance Service of NSW is taken to be a public health organisation.
Schedule 4 Amendment of Interpretation Act 1987 No 15
[1] Section 21 Meanings of commonly used words and expressions
Omit the definitions of enrolled nurse, Health Practitioner Regulation National Law, nurse, registered dentist or dentist, registered medical practitioner or medical practitioner, registered midwife or midwife, registered nurse, registered optometrist or optometrist, registered pharmacist or pharmacist, registered physiotherapist or physiotherapist, registered podiatrist or podiatrist and registered psychologist or psychologist from section 21 (1).
[2] Section 21D
Insert after section 21C:21D References to health practitioners(1) In any Act or instrument, a reference to a named class of health practitioner in a health profession within the meaning of the Health Practitioner Regulation National Law (NSW) means a person who, under that Law, is registered (other than as a student) and is authorised to use that name.(2) However, if the reference is to a registered nurse this is taken not to include a reference to a person who is registered under that Law as an enrolled nurse.
Schedule 5 Consequential amendment of other Acts and instruments
Clause 3 Definitions
Omit the definition of nurse practitioner from clause 3 (1).
Schedule 6 Applied provisions of Liquor Act 2007 as modified
Omit section 6 (1) (c). Insert instead:(c) the sale of liquor for medicinal purposes by a medical practitioner, nurse practitioner, midwife practitioner or pharmacist,
Clause 6 Children’s health services
Omit “a health practitioner registered under” from paragraph (a) of the definition of health practitioner in clause 6 (5).Insert instead “a registered health practitioner within the meaning of”.
[1] Clause 8 Prescribed bodies
Omit clause 8 (2) (a)–(e). Insert instead:(a) enrolled nurses and registered nurses,(b) medical practitioners,(c) midwives,(d) psychologists,(e) occupational therapists,
[2] Clause 8 (2), note
Omit the note. Insert instead:Note—For the meaning of references in this clause to health practitioners see section 21D of the Interpretation Act 1987 and the Health Practitioner Regulation National Law (NSW).
[1] Section 45 Prohibition of female genital mutilation
Omit paragraph (a) of the definition of medical student in section 45 (7). Insert instead:(a) a person who is registered as a student within the meaning of the Health Practitioner Regulation National Law (NSW) in the medical profession, or
[2] Section 45 (7), definition of “midwifery student”
Omit paragraph (a). Insert instead:(a) a person who is registered as a student within the meaning of the Health Practitioner Regulation National Law (NSW) in the midwifery profession, or
[3] Section 428A Definitions
Omit “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,” from paragraph (c) of the definition of self-induced intoxication.Insert instead “nurse practitioner, midwife practitioner”.
Section 3 Interpretation
Omit the definition of dental prosthetist from section 3 (1).
Section 4 Definitions
Insert in alphabetic order: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 (including with any modifications) as a law of New South Wales or another State or Territory, or(b) the law of another State or Territory that substantially corresponds to the law referred to in paragraph (a).
Section 49 Liability of police officers and health care professionals exercising functions under this Act
Omit “a person registered under the Health Practitioner Regulation National Law” from section 49 (4).Insert instead “a registered health practitioner or a student within the meaning of the Health Practitioner Regulation National Law (NSW)”.
Section 3 Definitions
Omit the definitions of midwife practitioner and nurse practitioner from section 3 (1).
[1] Section 3 Definitions
Omit the definition of health care professional from section 3 (1).Insert in alphabetical order:registered health practitioner has the same meaning as it has in the Health Practitioner Regulation National Law (NSW).
[2] Section 3 (1), definition of “serious electrical accident”
Omit “health care professional” from paragraph (b).Insert instead “registered health practitioner”.
[3] Section 38 Arrangements with other public authorities regarding investigable electrical incidents
Omit “health care professional” from paragraph (b) of the definition of investigable electrical incident in section 38 (5).Insert instead “registered health practitioner”.
[1] Dictionary
Omit the definition of health care professional.Insert in alphabetical order:registered health practitioner has the same meaning as it has in the Health Practitioner Regulation National Law (NSW).
[2] Dictionary, definition of “serious electricity works accident”
Omit “health care professional” from paragraph (b).Insert instead “registered health practitioner”.
[1] Section 4 Definitions
Omit the definition of health care professional from section 4 (1).Insert in alphabetical order:registered health practitioner has the same meaning as it has in the Health Practitioner Regulation National Law (NSW).
[2] Section 39 Meanings of “serious electrical accident” and “serious gas accident”
Omit “health care professional” wherever occurring.Insert instead “registered health practitioner”.
[3] Section 44 Arrangements with other public authorities regarding investigable electrical or gas incidents
Omit “health care professional” from paragraph (b) of the definition of investigable electrical or gas incident in section 44 (5).Insert instead “registered health practitioner”.
Schedule 3 Agencies declared to be part of other agencies
Insert in alphabetical order:
[1] Section 13A Corporation to manage accounts of health professional councils
Omit “referred to in Schedule 2A” wherever occurring in section 13A (1) and (3A).Insert instead “established under section 41B of the Health Practitioner Regulation National Law (NSW)”.
[2] Schedule 2A Health professional councils
Omit the Schedule.
Section 19 Medical practitioners must be covered by approved professional indemnity insurance
Omit “Health Practitioner Regulation National Law” from section 19 (4).Insert instead “Health Practitioner Regulation National Law (NSW)”.
[1] Section 3 Definitions
Omit the definitions of chiropractor, dental hygienist, dental prosthetist, dental therapist, oral health therapist and osteopath.
[2] Section 9 Conditions on practice by visiting health professionals
Insert “equivalent” before “local health professional” in section 9 (4).
[3] Section 9 (5)
Omit “registered under the Health Practitioner Regulation National Law”.Insert instead “a registered health practitioner within the meaning of the Health Practitioner Regulation National Law (NSW)”.
[4] Section 11 Exemptions relating to offences
Omit “, the Health Practitioner Regulation National Law” from section 11 (1).
[5] Section 11, note and section 12, note
Omit the notes.
[6] Section 12 Complaints about visiting health professionals
Omit “Health Practitioner Regulation National Law” from section 12 (1).Insert instead “Health Practitioner Regulation National Law (NSW)”.
[7] Section 12 (2)
Omit “is registered under the Health Practitioner Regulation National Law”.Insert instead “is a registered health practitioner or a student within the meaning of the Health Practitioner Regulation National Law (NSW)”.
[8] Section 14 Act does not limit the practice of registered health professionals
Omit “is registered under the Health Practitioner Regulation National Law”.Insert instead “is a registered health practitioner within the meaning of the Health Practitioner Regulation National Law (NSW)”.
Section 4 Definitions
Omit the definitions of chiropractor and osteopath from section 4 (1).
Part 4 Ambulance Service
Omit Division 2A.
Section 6 Exemptions from Act
Omit section 6 (1) (c). Insert instead:(c) the sale of liquor for medicinal purposes by a medical practitioner, nurse practitioner, midwife practitioner or pharmacist,
Section 191 Liability of certain persons exercising functions under this Act or the Mental Health (Forensic Provisions) Act 1990
Omit “a person registered under the Health Practitioner Regulation National Law” from section 191 (4).Insert instead “a registered health practitioner or a student within the meaning of the Health Practitioner Regulation National Law (NSW)”.
Clause 17 Additional qualified persons
Omit clause 17 (c). Insert instead:(c) the person is an occupational therapist,
Section 7.52 Restriction on health practitioners who may give evidence in court and other dispute resolution proceedings
Omit “Health Practitioner Regulation National Law” from the definition of health practitioner in section 7.52 (4).Insert instead “Health Practitioner Regulation National Law (NSW)”.
Clause 3 Definitions
Omit “Health Practitioner Regulation National Law” from the definition of health practitioner in clause 3 (1).Insert instead “Health Practitioner Regulation National Law (NSW)”.
[1] Section 4 Interpretation
Omit the definitions of midwife practitioner and nurse practitioner from section 4 (1).
[2] Section 17A Authorisation of possession, use, supply or prescription of substances by nurses and midwives
Omit “is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified” from section 17A (1) (a).Insert instead “has an endorsement of a kind referred to in section 94 of the Health Practitioner Regulation National Law (NSW) that qualifies the nurse”.
[3] Section 17A (2) (a)
Omit “is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified”.Insert instead “has an endorsement of a kind referred to in section 94 of the Health Practitioner Regulation National Law (NSW) that qualifies the midwife”.
[4] Section 17B Authorisation of possession, use, supply or prescription of substances by optometrists
Omit “is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified”.Insert instead “has an endorsement of a kind referred to in section 94 of the Health Practitioner Regulation National Law (NSW) that qualifies the optometrist”.
[5] Section 17C Authorisation of possession, use, supply or prescription of substances by podiatrists
Omit “is endorsed under section 94 of the Health Practitioner Regulation National Law as being qualified”.Insert instead “has an endorsement of a kind referred to in section 94 of the Health Practitioner Regulation National Law (NSW) that qualifies the podiatrist”.
[6] Section 30AA Power of Medical Committee to obtain information
Omit “Health Practitioner Regulation National Law” from section 30AA (5).Insert instead “Health Practitioner Regulation National Law (NSW)”.
Appendix C Persons authorised to possess and use substances
Omit clauses 4 (2) and 5 (2).
Section 39 Medical advisory committee
Omit “(each of whom holds general or specialist registration in the medical profession under Part 7 of the Health Practitioner Regulation National Law)” from section 39 (1).Insert instead “within the meaning of the Health Practitioner Regulation National Law (NSW) (each of whom holds general or specialist registration in the medical profession)”.
Schedule 2 Statutory bodies
Insert in alphabetical order:Paramedicine Council of New South Wales
[1] Section 5 Definitions
Insert in alphabetical order in section 5 (1):registered health practitioner has the same meaning as it has in the Health Practitioner Regulation National Law (NSW).
[2] Section 5 (1), definition of “skin penetration procedure”
Omit “a health practitioner registered under the Health Practitioner Regulation National Law” from paragraph (a).Insert instead “a registered health practitioner”.
[3] Section 100 Codes of conduct for non-registered health practitioners
Omit section 100 (1). Insert instead:(1) The regulations may prescribe codes of conduct for the provision of health services by:(a) health practitioners who are not registered health practitioners (including de-registered health practitioners within the meaning of Division 3), and(b) registered health practitioners who provide health services that are unrelated to their registration.
[4] Section 101 Definitions
Omit the definitions of de-registered health practitioner and interstate health registration legislation from section 101 (1).Insert in alphabetical order:de-registered health practitioner means a health practitioner whose registration as a health practitioner is cancelled or is suspended under health registration legislation.health registration legislation means the Health Practitioner Regulation National Law (NSW) or the law of another State or Territory that provides for the registration of health practitioners and includes any former law of a State or Territory that provided for the registration of health practitioners.
[5] Section 101 (2)
Omit “the Health Practitioner Regulation National Law or interstate”.
[6] Sections 102 (1) and 103 (1)
Omit “the Health Practitioner Regulation National Law or interstate” wherever occurring.
[1] Clause 93A Corresponding interstate prohibition order
Omit clause 93A (c). Insert instead:(c) any order made under section 196 (4) of the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland as it applies as a law of a State or Territory,(c1) any order made under section 196 (4) of the Schedule to the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia,
[2] Clause 99 Code of conduct for certain health practitioners
Omit “subject to the scheme for registration under the Health Practitioner Regulation National Law” from clause 99 (a).Insert instead “registered health practitioners within the meaning of the Health Practitioner Regulation National Law (NSW)”.
[3] Clause 99 (b)
Omit “health practitioners who are registered under the Health Practitioner Regulation National Law for the provision of health services and”.Insert instead “registered health practitioners within the meaning of the Health Practitioner Regulation National Law (NSW)”.
[4] Schedule 3 Code of conduct
Omit “subject to the scheme for registration under the Health Practitioner Regulation National Law” from clause 2 (a).Insert instead “registered health practitioners within the meaning of the Health Practitioner Regulation National Law (NSW)”.
[5] Schedule 3, clause 2 (b)
Omit “health practitioners who are registered under the Health Practitioner Regulation National Law for the provision of health services and”.Insert instead “registered health practitioners within the meaning of the Health Practitioner Regulation National Law (NSW)”.
[6] Schedule 3, clause 6, note
Omit “a health practitioner registered under the Health Practitioner Regulation National Law” from paragraph (a).Insert instead “a registered health practitioner”.
[7] Schedule 3, clause 18 (1)
Omit the subclause. Insert instead:(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 lawfully authorised to prescribe the optical appliance.Note—See section 122 of the Health Practitioner Regulation National Law (NSW) for the persons who can lawfully prescribe optical appliances in New South Wales.
[8] Schedule 3, clause 18 (5), definition of “optical appliance”
Omit “Health Practitioner Regulation National Law”.Insert instead “Health Practitioner Regulation National Law (NSW)”.
[1] Clause 11 Exemptions from radiation user licensing requirements for dental profession in relation to use of certain radiation apparatus
Omit clause 11 (1) (a). Insert instead:(a) is a dentist, a dental therapist, a dental hygienist or an oral health therapist, and
[2] Clause 11 (2) (a)
Omit the paragraph. Insert instead:(a) is a student within the meaning of the Health Practitioner Regulation National Law (NSW) in the dental profession, and
Section 4 Definitions
Omit “a person registered in a health profession under the Health Practitioner Regulation National Law” from the definition of health practitioner in section 4 (1).Insert instead “a registered health practitioner within the meaning of the Health Practitioner Regulation National Law (NSW)”.
Clause 4 Definitions
Omit “who holds general registration under the Health Practitioner Regulation National Law to practise as a psychologist” from the definition of specialist counsellor.Insert instead “who is a psychologist”.
Section 4 Definitions
Omit “registered under” from the definition of medical treatment.Insert instead “within the meaning of”.
Clause 5 Definitions
Omit the definition of registered medical practitioner from clause 5 (1).
[1] Section 59 Definitions
Omit the definitions of chiropractor, dental prosthetist and osteopath.
[2] Section 59, note
Insert at the end of the section:Note—For the meaning of references in this Division to health practitioners see section 21D of the Interpretation Act 1987 and the Health Practitioner Regulation National Law (NSW).
[1] Clause 164 Disclosure of information for complaint about health practitioners
Omit “registration authority under the Health Practitioner Regulation National Law” from clause 164 (1).Insert instead “to a registration authority within the meaning of the Health Practitioner Regulation National Law (NSW)”.
[2] Clause 164 (3)
Insert “, Health Practitioner Regulation National Law” after “health practitioner”.