VersionNo. 001
Health Practitioner Regulation National Law (Victoria) Act 2009
No. 79 of 2009
Versionincorporating amendments as at
1 July 2010
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
Part 2—Adoption of Health Practitioner Regulation National Law
4Application of Health Practitioner Regulation National Law
5Meaning of generic terms in Health Practitioner Regulation National Law for the purposes of this jurisdiction
6Responsible tribunal for Health Practitioner Regulation
National Law
7Exclusion of legislation of this jurisdiction
8Regulations dealing with transitional matters
═══════════════
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
APPENDIXHealth Practitioner Regulation National Law Bill 2009 of Queensland
ScheduleHealth Practitioner Regulation National Law
Part 1Preliminary
1Short title
2Commencement
3Objectives and guiding principles
4How functions to be exercised
5Definitions
6Interpretation generally
7Single national entity
8Extraterritorial operation of Law
9Trans-Tasman mutual recognition principle
10Law binds the State
Part 2Ministerial Council
11Policy directions
12Approval of registration standards
13Approvals in relation to specialist registration
14Approval of endorsement in relation to scheduled medicines
15Approval of areas of practice for purposes of endorsement
16How Ministerial Council exercises functions
17Notification and publication of directions and approvals
Part 3Australian Health Workforce Advisory Council
18Establishment of Advisory Council
19Function of Advisory Council
20Publication of advice
21Powers of Advisory Council
22Membership of Advisory Council
Part 4Australian Health Practitioner Regulation Agency
Division 1National Agency
23National Agency
24General powers of National Agency
25Functions of National Agency
26Health profession agreements
27Co-operation with participating jurisdictions and
Commonwealth
28Office of National Agency
Division 2Agency Management Committee
29Agency Management Committee
30Functions of Agency Management Committee
Part 5National Boards
Division 1National Boards
31Establishment of National Boards
32Powers of National Board
33Membership of National Boards
34Eligibility for appointment
Division 2Functions of National Boards
35Functions of National Boards
36State and Territory Boards
37Delegation of functions
Division 3Registration standards and codes and guidelines
38National board must develop registration standards
39Codes and guidelines
40Consultation about registration standards, codes and
guidelines
41Use of registration standards, codes or guidelines in
disciplinary proceedings
Part 6Accreditation
Division 1Preliminary
42Definition
Division 2Accreditation authorities
43Accreditation authority to be decided
44National Agency may enter into contracts with external accreditation entities
45Accreditation processes to be published
Division 3Accreditation functions
46Development of accreditation standards
47Approval of accreditation standards
48Accreditation of programs of study
49Approval of accredited programs of study
50Accreditation authority to monitor approved programs of study
51Changes to approval of program of study
Part 7Registration of health practitioners
Division 1General registration
52Eligibility for general registration
53Qualifications for general registration
54Examination or assessment for general registration
55Unsuitability to hold general registration
56Period of general registration
Division 2Specialist registration
57Eligibility for specialist registration
58Qualifications for specialist registration
59Examination or assessment for specialist registration
60Unsuitability to hold specialist registration
61Period of specialist registration
Division 3Provisional registration
62Eligibility for provisional registration
63Unsuitability to hold provisional registration
64Period of provisional registration
Division 4Limited registration
65Eligibility for limited registration
66Limited registration for postgraduate training or supervised practice
67Limited registration for area of need
68Limited registration in public interest
69Limited registration for teaching or research
70Unsuitability to hold limited registration
71Limited registration not to be held for more than one purpose
72Period of limited registration
Division 5Non-practising registration
73Eligibility for non-practising registration
74Unsuitability to hold non-practising registration
75Registered health practitioner who holds non-practising registration must not practise the profession
76Period of non-practising registration
Division 6Application for registration
77Application for registration
78Power to check applicant’s proof of identity
79Power to check applicant’s criminal history
80Boards’ other powers before deciding application for
registration
81Applicant may make submissions about proposed refusal of application or imposition of condition
82Decision about application
83Conditions of registration
84Notice to be given to applicant
85Failure to decide application
Division 7Student registration
Subdivision 1Persons undertaking approved programs of study
86Definitions
87National Board must register persons undertaking approved program of study
88National Board may ask education provider for list of persons undertaking approved program of study
89Registration of students
90Period of student registration
Subdivision 2Other persons to be registered as students
91Education provider to provide lists of persons
Subdivision 3General provisions applicable to students
92Notice to be given if student registration suspended or
condition imposed
93Report to National Board of cessation of status as student
Division 8Endorsement of registration
Subdivision 1Endorsement in relation to scheduled medicines
94Endorsement for scheduled medicines
Subdivision 2Endorsement in relation to nurse practitioners
95Endorsement as nurse practitioner
Subdivision 3Endorsement in relation to midwife practitioners
96Endorsement as midwife practitioner
Subdivision 4Endorsement in relation to acupuncture
97Endorsement for acupuncture
Subdivision 5Endorsements in relation to approved areas of practice
98Endorsement for approved area of practice
Subdivision 6Application for endorsement
99Application for endorsement
100Boards’ other powers before deciding application for endorsement
101Applicant may make submissions about proposed refusal of application or imposition of condition
102Decision about application
103Conditions of endorsement
104Notice of decision to be given to applicant
105Period of endorsement
106Failure to decide application for endorsement
Division 9Renewal of registration
107Application for renewal of registration or endorsement
108Registration taken to continue in force
109Annual statement
110National Board’s powers before making decision
111Applicant may make submissions about proposed refusal of application for renewal or imposition of condition
112Decision about application for renewal
Division 10Title and practice protections
Subdivision 1Title protections
113Restriction on use of protected titles
114Use of title “acupuncturist”
115Restriction on use of specialist titles
116Claims by persons as to registration as health practitioner
117Claims by persons as to registration in particular profession
or division
118Claims by persons as to specialist registration
119Claims about type of registration or registration in recognised specialty
120Registered health practitioner registered on conditions
Subdivision 2Practice protections
121Restricted dental acts
122Restriction on prescription of optical appliances
123Restriction on spinal manipulation
Division 11Miscellaneous
Subdivision 1Certificates of registration
124Issue of certificate of registration
Subdivision 2Review of conditions and undertakings
125Changing or removing conditions or undertaking on application by registered health practitioner or student
126Changing conditions on Board’s initiative
127Removal of condition or revocation of undertaking
Subdivision 3Obligations of registered health practitioners and students
128Continuing professional development
129Professional indemnity insurance arrangements
130Registered health practitioner or student to give National
Board notice of certain events
131Change in principal place of practice, address or name
132National Board may ask registered health practitioner for employer’s details
Subdivision 4Advertising
133Advertising
Subdivision 5Board’s powers to check identity and criminal history
134Evidence of identity
135Criminal history check
Subdivision 6General
136Directing or inciting unprofessional conduct or professional misconduct
137Surrender of registration
Part 8Health, performance and conduct
Division 1Preliminary
138Part applicable to persons formerly registered under this Law
139Part applicable to persons formerly registered under corresponding prior Act in certain circumstances
Division 2Mandatory notifications
140Definition of notifiable conduct
141Mandatory notifications by health practitioners
142Mandatory notifications by employers
143Mandatory notifications by education providers
Division 3Voluntary notifications
144Grounds for voluntary notification
145Who may make voluntary notification
Division 4Making a notification
146How notification is made
147National Agency to provide reasonable assistance to notifier
Division 5Preliminary assessment
148Referral of notification to National Board or coregulatory authority
149Preliminary assessment
150Relationship with health complaints entity
151When National Board may decide to take no further action
152National Board to give notice of receipt of notification
Division 6Other matters
153National Board may deal with notifications about same
person together
154National Boards may deal with notifications collaboratively
Division 7Immediate action
155Definition
156Power to take immediate action
157Show cause process
158Notice to be given to registered health practitioner or student about immediate action
159Period of immediate action
Division 8Investigations
Subdivision 1Preliminary
160When investigation may be conducted
161Registered health practitioner or student to be given notice of investigation
162Investigation to be conducted in timely way
Subdivision 2Investigators
163Appointment of investigators
164Identity card
165Display of identity card
Subdivision 3Procedure after investigation
166Investigator’s report about investigation
167Decision by National Board
Division 9Health and performance assessments
168Definition
169Requirement for health assessment
170Requirement for performance assessment
171Appointment of assessor to carry out assessment
172Notice to be given to registered health practitioner or student about assessment
173Assessor may require information or attendance
174Inspection of documents
175Report from assessor
176Copy of report to be given to health practitioner or student
177Decision by National Board
Division 10Action by National Board
178National Board may take action
179Show cause process
180Notice to be given to health practitioner or student and notifier
Division 11Panels
181Establishment of health panel
182Establishment of performance and professional standards
panel
183List of approved persons for appointment to panels
184Notice to be given to registered health practitioner or student
185Procedure of panel
186Legal representation
187Submission by notifier
188Panel may proceed in absence of registered health practitioner
or student
189Hearing not open to the public
190Referral to responsible tribunal
191Decision of panel
192Notice to be given about panel’s decision
Division 12Referring matter to responsible tribunals
193Matters to be referred to responsible tribunal
194Parties to the proceedings
195Costs
196Decision by responsible tribunal about registered health practitioner
197Decision by responsible tribunal about student
198Relationship with Act establishing responsible tribunal
Division 13Appeals
199Appellable decisions
200Parties to the proceedings
201Costs
202Decision
203Relationship with Act establishing responsible tribunal
Division 14Miscellaneous
204Notice from adjudication body
205Implementation of decisions
206National Board to give notice to registered health
practitioner’s employer
207Effect of suspension
Part 9Finance
208Australian Health Practitioner Regulation Agency Fund
209Payments into Agency Fund
210Payments out of Agency Fund
211Investment of money in Agency Fund
212Financial management duties of National Agency and
National Boards
Part 10Information and privacy
Division 1Privacy
213Application of Commonwealth Privacy Act
Division 2Disclosure of information and confidentiality
214Definition
215Application of Commonwealth FOI Act
216Duty of confidentiality
217Disclosure of information for workforce planning
218Disclosure of information for information management and communication purposes
219Disclosure of information to other Commonwealth, State and Territory entities
220Disclosure to protect health or safety of patients or other
persons
221Disclosure to registration authorities
Division 3Registers in relation to registered health
practitioner
222National Registers
223Specialists Registers
224Way registers are to be kept
225Information to be recorded in National Register
226National Board may decide not to include or to remove certain information in register
227Register about former registered health practitioners
228Inspection of registers
Division 4Student registers
229Student registers
230Information to be recorded in student register
Division 5Other records
231Other records to be kept by National Boards
232Record of adjudication decisions to be kept and made publicly available
Division 6Unique identifier
233Unique identifier to be given to each registered health practitioner
Part 11Miscellaneous
Division 1Provisions relating to persons exercising functions under Law
234General duties of persons exercising functions under this Law
235Application of Commonwealth Ombudsman Act
236Protection from personal liability for persons exercising
functions
237Protection from liability for persons making notification or otherwise providing information
Division 2Inspectors
238Functions and powers of inspectors
239Appointment of inspectors
240Identity card
241Display of identity card
Division 3Legal proceedings
242Proceedings for offences
243Conduct may constitute offence and be subject of disciplinary proceedings
244Evidentiary certificates
Division 4Regulations
245National regulations
246Parliamentary scrutiny of national regulations
247Effect of disallowance of national regulation
Division 5Miscellaneous
248Combined notice may be given
249Fees
Part 12Transitional provisions
Division 1Preliminary
250Definitions
251References to registered health practitioners
Division 2Ministerial Council
252Directions given by Ministerial council
253Accreditation functions exercised by existing accreditation entities
254Health profession standards approved by Ministerial Council
255Accreditation standards approved by National Board
Division 3Advisory Council
256Members of Advisory Council
Division 4National Agency
257Health profession agreements
258Service agreement
Division 5Agency Management Committee
259Members of Agency Management Committee
Division 6Staff, consultants and contractors of National
Agency
260Chief executive officer
261Staff
262Consultants and contractors
Division 7Reports
263Annual report
Division 8National Boards
264Members of National Boards
265Committees
266Delegation
Division 9Agency Fund
267Agency Fund
Division 10Offences
268Offences
Division 11Registration
269General registration
270Specialist registration
271Provisional registration
272Limited registration
273Limited registration (public interest-occasional practice)
274Non-practising registration
275Registration for existing registered students
276Registration for new students
277Other registrations
278Endorsements
279Conditions imposed on registration or endorsement
280Expiry of registration and endorsement
281Protected titles for certain specialist health practitioners
282First renewal of registration or endorsement
283Programs of study
284Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery
Division 12Applications for registration and endorsement
285Applications for registration
286Applications for endorsement
287Disqualifications and conditions relevant to applications for registration
Division 13Complaints, notifications and disciplinary proceedings
288Complaints and notifications made but not being dealt with
on participation day
289Complaints and notifications being dealt with on participation day
290Effect of suspension
291Undertakings and other agreements
292Orders
293List of approved persons
Division 14Local registration authority
294Definition
295Assets and liabilities
296Records relating to registration and accreditation
297Financial and administrative records
298Pharmacy businesses and premises
299Members of local registration authority
Division 15Staged commencement for certain health
professions
300Application of Law to relevant health profession between commencement and 1 July 2012
301Ministerial Council may appoint external accreditation entity
302Application of Law to appointment of first National Board
for relevant professions
303Qualifications for general registration in relevant profession
304Relationship with other provisions of Law
Division 16Savings and transitional regulations
305Savings and transitional regulations
Schedule 1Constitution and procedure of Advisory Council
Part 1General
1Definitions
Part 2Constitution
2Terms of office of members
3Remuneration
4Vacancy in office of member
5Extension of term of office during vacancy in membership
6Disclosure of conflict of interest
Part 3Procedure
7General procedure
8Quorum
9Presiding member
10Transaction of business outside meetings or by telecommunication
11First meeting
Schedule 2Agency Management Committee
Part 1General
1Definitions
Part 2Constitution
2Terms of office of members
3Remuneration
4Vacancy in office of member
5Vacancies to be advertised
6Extension of term of office during vacancy in membership
7Members to act in public interest
8Disclosure of conflict of interest
Part 3Procedure
9General procedure
10Quorum
11Chief executive officer may attend meetings
12Presiding member
13Voting
14Transaction of business outside meetings or by telecommunication
15First meeting
16Defects in appointment of members
Schedule 3National Agency
Part 1Chief executive officer
1Chief executive officer
2Functions of chief executive officer
3Delegation and subdelegation by chief executive officer
4Vacancy in office
Part 2Staff, consultants and contractors
5Staff of National Agency
6Staff seconded to National Agency
7Consultants and contractors
Part 3Reporting obligations
8Annual report
9Reporting by National Boards
Schedule 4National Boards
Part 1General
1Definitions
Part 2Constitution
2Terms of office of members
3Remuneration
4Vacancy in office of member
5Vacancies to be advertised
6Extension of term of office during vacancy in membership
7Members to act in public interest
8Disclosure of conflict of interest
Part 3Functions and powers
9Requirement to consult other National Boards
10Boards may obtain assistance
11Committees
Part 4Procedure
12General procedure
13Quorum
14Presiding member
15Voting
16Transaction of business outside meetings or by telecommunication
17First meeting
18Defects in appointment of members
Schedule 5Investigators
Part 1Power to obtain information
1Powers of investigators
2Offence for failing to produce information or attend before investigator
3Inspection of documents
Part 2Power to enter places
4Entering places
5Application for warrant
6Issue of warrant
7Application by electronic communication
8Procedure before entry under warrant
9Powers after entering places
10Offences for failing to comply with requirement under
clause 9
11Seizure of evidence
12Securing seized things
13Receipt for seized things
14Forfeiture of seized thing
15Dealing with forfeited things
16Return of seized things
17Access to seized things
Part 3General matters
18Damage to property
19Compensation
20False or misleading information
21False or misleading documents
22Obstructing investigators
23Impersonation of investigators
Schedule 6Inspectors
Part 1Power to obtain information
1Powers of inspectors
2Offence for failing to produce information or attend before inspector
3Inspection of documents
Part 2Power to enter places
4Entering places
5Application for warrant
6Issue of warrant
7Application by electronic communication
8Procedure before entry under warrant
9Powers after entering places
10Offences for failing to comply with requirement under
clause 9
11Seizure of evidence
12Securing seized things
13Receipt for seized things
14Forfeiture of seized thing
15Dealing with forfeited things
16Return of seized things
17Access to seized things
Part 3General matters
18Damage to property
19Compensation
20False or misleading information
21False or misleading documents
22Obstructing inspectors
23Impersonation of inspectors
Schedule 7Miscellaneous provisions relating to interpretation
Part 1Preliminary
1Displacement of Schedule by contrary intention
Part 2General
2Law to be construed not to exceed legislative power of Legislature
3Every section to be a substantive enactment
4Material that is, and is not, part of this Law
5References to particular Acts and to enactments
6References taken to be included in Act or Law citation etc
7Interpretation best achieving Law’s purpose
8Use of extrinsic material in interpretation
9Effect of change of drafting practice and use of examples
10Use of examples
11Compliance with forms
Part 3Terms and references
12Definitions
13Provisions relating to defined terms and gender and number
14Meaning of “may” and “must” etc
15Words and expressions used in statutory instruments
16Effect of express references to bodies corporate and
individuals
17Production of records kept in computers etc
18References to this jurisdiction to be implied
19References to officers and holders of offices
20Reference to certain provisions of Law
21Reference to provisions of this Law or an Act is inclusive
Part 4Functions and powers
22Performance of statutory functions
23Power to make instrument or decision includes power to
amend or repeal
24Matters for which statutory instruments may make provision
25Presumption of validity and power to make
26Appointments may be made by name or office
27Acting appointments
28Powers of appointment imply certain incidental powers
29Delegation of functions
30Exercise of powers between enactment and commencement
Part 5Distance, time and age
31Matters relating to distance, time and age
Part 6Effect of repeal, amendment or expiration
32Time of Law ceasing to have effect
33Repealed Law provisions not revived
34Saving of operation of repealed Law provisions
35Continuance of repealed provisions
36Law and amending Acts to be read as one
Part 7Instruments under law
37Schedule applies to statutory instruments
Part 8Application to coastal sea
38Application
1
VersionNo. 001
Health Practitioner Regulation National Law (Victoria) Act 2009
No. 79 of 2009
Versionincorporating amendments as at
1 July 2010
1
Part 2—Adoption of Health Practitioner Regulation National Law
Health Practitioner Regulation National Law (Victoria) Act 2009
No. 79 of 2009
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to provide for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners.
2Commencement
This Act comes into operation on 1 July 2010.
3Definitions
(1)In this Act—
Health Practitioner Regulation National Law (Victoria) means the provisions applying in this jurisdiction because of section 4.
(2)Terms used in this Act and also in the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland have the same meanings in this Act as they have in that Law.
______
Part 2—Adoption of Health Practitioner Regulation National Law
4Application of Health Practitioner Regulation National Law
s. 4
The Health Practitioner Regulation National Law, as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland—
(a)applies as a law of Victoria; and
(b)as so applying may be referred to as the Health Practitioner Regulation National Law (Victoria); and
(c)so applies as if it were part of this Act.
5Meaning of generic terms in Health Practitioner Regulation National Law for the purposes of this jurisdiction
In the Health Practitioner Regulation National Law (Victoria)—
magistrate means a magistrate within the meaning of the Magistrates' Court Act 1989;
magistrates' court means the Magistrates' Court of Victoria.
this jurisdiction means Victoria.
6Responsible tribunal for Health Practitioner Regulation National Law
VCAT is declared to be the responsible tribunal for this jurisdiction for the purposes of the Health Practitioner Regulation National Law (Victoria).
Note
See the definition of responsible tribunal in section 5 of the Health Practitioner Regulation National Law.
7Exclusion of legislation of this jurisdiction
s. 7
The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (Victoria) or to the instruments made under that Law—
(a)the Audit Act 1994;
(b)the Financial Management Act 1994;
(c)the Freedom of Information Act 1982;
(d)the Health Records Act 2001;
(e)the Information Privacy Act 2000;
(f)the Interpretation of Legislation Act 1984;
(g)the Ombudsman Act 1973;
(h)the Public Administration Act 2004;
S. 7(i) repealed by No. 13/2010 s.32.
*****
(j)the Subordinate Legislation Act 1994.
S. 8
inserted by No. 13/2010 s.33.
8Regulations dealing with transitional matters
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made as a result of the enactment of this Act.
(2)Regulations made under this section may—
(a)have a retrospective effect to a day on or from a date not earlier than 1 July 2010; and
(b)be of limited or general application; and
(c)leave any matter or thing to be decided by a specified person or class of person.
(3)Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.
(4)For the avoidance of doubt, the Subordinate Legislation Act 1994 applies to any regulations made under this section.