Health Act 1993 (ACT)

Health Act 1993

A1993-13

Republication No 46

Effective: 26 November 2025

Republication date: 26 November 2025

Last amendment made by A2025‑33

About this republication

The republished law

This is a republication of the Health Act 1993 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Health Act 1993

Contents

Page

Part 1      Preliminary
1            Name of Act  2
2            Dictionary  2
3            Notes  2
4Offences against Act—application of Criminal Code etc 3
Part 2      Important concepts
5            What is a health service?  4
6            What is a health facility?  4
7           Who is a health service provider?  4
Part 3      Health care principles
10          Objectives  6
11          Medicare principles and commitments  7
12          Legal effect  8
Part 4      Quality assurance
Division 4.1              Quality assurance—important concepts
20          Definitions—pt 4  9
21          What is a health professional organisation?  9
22          Who is the CEO of a health facility?  10
23          Who is the CEO of a health professional organisation?  10
Division 4.2              Quality assurance—quality assurance committees
24          What is a quality assurance committee?  10
25          Approval of health facility QACs  11
26          Approval of health professional organisation QACs  11
27          Approval of special purpose QACs  11
27A         Quality Assurance Committees—term  11
28          Quality assurance committees—criteria for approval  11
29          Quality assurance committees—revocation of approval  12
30          Quality assurance committees—functions  13
31          Quality assurance committees—appointment of members                  13
32          Quality assurance committees—disclosure of interests  13
33          Quality assurance committees—procedure  14
34          Quality assurance committees—protection of members etc from liability   14
35          Quality assurance committees—obtaining information  15
Division 4.3              Assessment and evaluation of health services
36          Assessment and evaluation of health services  16
37          Approval of quality assurance activities  17
38          Preparing health service reports  17
38A         Extraordinary reports  18
38B         Interim reports  18
39          Giving health service reports to CEO or director‑general  19
40          Monitoring implementation of recommendations  19
Division 4.4              Quality assurance committees—reporting
41          Annual quality assurance committee report to Minister  20
42          Other quality assurance committee reports  21
Division 4.5              Quality assurance committees—information sharing
43          Quality assurance committees—giving information to the Coroner’s Court 21
44          Quality assurance committees—giving information to other quality assurance committees      22
45          Quality assurance committees—giving information to health board and health services commissioner  22
46          Quality assurance committees—giving information to Minister             22
47          Quality assurance committees—admissibility of evidence                   22
Part 5      Reviewing scope of clinical practice
50          Definitions—pt 5  24
51          What is a scope of clinical practice committee?  24
52          Who is a practitioner for a health facility?  24
53          Who is the CEO of a health facility?  26
54          What is scope of clinical practice?  26
55          Meaning of review scope of clinical practice  26
56          Approval of scope of clinical practice committees  26
57          Scope of clinical practice committees—criteria for approval                27
58          Scope of clinical practice committees—revocation of approval             27
59          Scope of clinical practice committees—functions  27
60          Scope of clinical practice committees—appointment of members          29
61          Scope of clinical practice committees—disclosure of interests             29
62          Scope of clinical practice committees—procedure  29
63          Scope of clinical practice committees—protection of members etc from liability 30
64          Scope of clinical practice committees—obtaining information               31
65          Scope of clinical practice committee must give practitioner opportunity to explain       31
66          Interim and emergency withdrawal or amendment of scope of clinical practice by committee    32
67          Preparing scope of clinical practice reports  33
68          Giving scope of clinical practice reports to CEO of health facility and practitioner       34
69          CEO may make interim or emergency decision on scope of clinical practice 34
70          CEO must make decision on scope of clinical practice report               36
71          When CEO decision on scope of clinical practice report takes effect      38
72          CEO may give information about decision to health facility outside ACT   38
73          Request for information by health facility outside ACT  39
74          Scope of clinical practice committees—giving information to health board and health services commissioner  40
75          Scope of clinical practice committees—admissibility of evidence           41
76          Sharing information with other committees  41
77          Sharing information with 3rd parties  41
78          Complainants to remain anonymous  42
Part 6      Abortions
Division 6.1              Abortions—generally
80          Definitions—pt 6  43
81          Offence—unauthorised supply or administration of abortifacient           43
82          Offence—unauthorised surgical abortion  44
83          Surgical abortion to be carried out in approved medical facility             45
84          Approval of facilities  45
84A         Conscientious objection  45
Division 6.2              Patient privacy in protected areas
85          Definitions—div 6.2  47
86          Declaration of protected area  48
87          Prohibited behaviour in or in relation to protected area  49
Part 7      VMO service contracts
100         Definitions for pt 7  51
101         Service contracts  51
102         Core conditions  52
103         Collective negotiations  52
104         Negotiating agents  52
105         Authorised representatives  54
106         Arbitration  54
107Competition and Consumer Act authorisation 55
Part 8      Secrecy
120         Definitions—pt 8  56
121         When is information divulged?  56
122         Who is an information holder?  56
123         What is protected information?  57
124         What is sensitive information?  57
125         Offence—secrecy of protected information  58
126         Information may be given to Chief Executive Medicare  60
Part 8A    Offence—provision of health services by non‑health practitioners
127         Provision of regulated health service by person not health practitioner     61
Part 10     Review of decisions
130         Review of decisions  62
131         Pt 10 obligations—no contracting out  62
Part 15     Miscellaneous
189         Protection of practitioner from liability in emergency  63
190         Disclosure of interests by committee members  63
191         References to Health and Community Care Service  65
192         Determination of fees  66
193         Payment of fees and interest  67
194         Approved forms  67
196         Regulation-making power  68
Dictionary69
Endnotes
1            About the endnotes  74
2            Abbreviation key  74
3            Legislation history  75
4            Amendment history  82
5            Earlier republications  106
6            Expired transitional or validating provisions  108
7           Renumbered provisions  108

Health Act 1993

An Act relating to the provision of health services

Part 1Preliminary

Name of Act
This Act is the Health Act 1993.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘health facility—see section 6.’ means that the term ‘health facility’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2Important concepts

What is a health service?
For this Act, a health service is a service provided to someone (the service user) for any of the following purposes:
(a)assessing, recording, maintaining or improving the physical, mental or emotional health, comfort or wellbeing of the service user;
(b)diagnosing, treating or preventing an illness, disability, disorder or condition of the service user.
What is a health facility?
In this Act:
health facility means the following facilities where health services are provided:
(a)a hospital, including a day hospital;
(b)a hospice;
(c)a nursing home;
(d)a health practitioner’s consulting room;
(e)another facility ordinarily used by the Territory to provide health services;
(f)any other facility prescribed by regulation for this section.
Who is a health service provider?
In this Act:
health service provider—
(a)means a health practitioner or other person who provides a health service; and
(b)for a health facility, means a health service provider who—
(i)provides a health service at the health facility; or
(ii)uses the equipment or other facilities of the health facility to provide a health service elsewhere.
Examples of people who may be health service providers
1     a chiropractor
2     a dentist
3     a dental technician
4     a dental prosthetist
5     a doctor
6     a nurse
7     an osteopath
8     an optometrist
9     a pharmacist
10    a physiotherapist

Part 3Health care principles

Objectives
In providing health services the Territory must have regard to the following objectives:
(a)to improve the efficiency, effectiveness and quality of health services;
(b)to guarantee equitable access to and participation in health services and to ensure that language and cultural differences are not barriers to such access or participation;
(c)to maintain a strong and viable public hospital system and a full range of community health services;
(d)to support worker and community participation in the development of policies for the delivery of health services;
(e)to ensure that the community is aware of the range of health services that is available and that patients have information that is sufficient to enable them to make informed choices;
(f)to foster disease prevention and primary health care;
(g)to cooperate with community groups in the provision of health services.
Medicare principles and commitments
(1)The following guidelines govern the delivery of public hospital services to eligible persons in the ACT:
NoteThe guidelines focus on the provision of public hospital services to eligible persons, but operate in an environment where eligible persons have the right to choose private health care in public and private hospitals supported by private health insurance.
(a)eligible persons must be given the choice to receive public hospital services free of charge as public patients;
Note 1Hospital services include in-patient, outpatient, emergency services (including primary care where appropriate) and day patient services consistent with currently acceptable medical and health service standards.
Note 2At the time of admission to a hospital, or as soon as practicable after that, an eligible person will be required to elect or confirm whether the person wishes to be treated as a public or private patient.
(b)access to public hospital services is to be on the basis of clinical need;
Note 1None of the following factors are to be a determinant of an eligible person’s priority for receiving hospital services:
(a)whether or not an eligible person has health insurance;
(b)an eligible person’s financial status or place of residence;
(c)whether or not an eligible person intends to elect, or elects, to be treated as a public or private patient.
Note 2This guideline applies equally to waiting times for elective surgery.
(c)to the maximum practicable extent, the Territory will ensure the provision of public hospital services equitably to all eligible persons, regardless of their geographical location;
Note 1This guideline does not require a local hospital to be equipped to provide eligible persons with every hospital service they may need.
Note 2In rural and remote areas, the Territory should ensure provision of reasonable public access to a basic range of hospital services that are in accord with clinical practices.
(d)the Commonwealth and the Territory must make available information on the public hospital services eligible persons can expect to receive as public patients;
Note 1The joint Commonwealth/Territory development of a Public Patients Hospital Charter for the Territory will be a vehicle for the public dissemination of this information.
Note 2The Charter will set out the public hospital services available to public patients.
(e)the Commonwealth and the Territory are committed to making improvements in the efficiency, effectiveness and quality of hospital service delivery.
NoteThis includes a commitment to quality improvement, outcome measurement, management efficiency and effort to integrate the delivery of hospital and other health and community services.
(2)A word or expression used in the Medicare Agreements Act 1992 (Cwlth) has the same meaning in subsection (1).
Legal effect
Nothing in this part is to be taken to create any legal rights not in existence before the enactment of this part or to affect any legal rights in existence before that enactment or that would, apart from this part, have come into existence after that enactment.

Part 4Quality assurance
Division 4.1 Quality assurance—important concepts

Definitions—pt 4
In this part:
CEO—
(a)of a health facility—see section 22; and
(b)of a health professional organisation—see section 23.
health facility QAC, for a health facility, means a committee approved under section 25 as a quality assurance committee for the health facility.
health professional organisation—see section 21.
health professional organisation QAC, for a health professional organisation, means a committee approved under section 26 as a quality assurance committee for the health professional organisation.
health service report—see section 38.
ministerial report—see section 41.
special purpose QAC means a committee approved under section 27.
NoteQuality assurance committee is defined for the Act in s 24.
What is a health professional organisation?
In this part:
health professional organisation means an entity that—
(a)is an association, society, college, faculty or other body of professionals who provide a health service; and
(b)is prescribed by regulation for this section.
Who is the CEO of a health facility?
In this part:
CEO, of a health facility, means—
(a)for a health facility operated by the Territory—the director‑general; or
(b)in any other case—the person with overall responsibility for the control of the health facility.
Who is the CEO of a health professional organisation?
In this part:
CEO, of a health professional organisation, means the person with overall responsibility for the control of the health professional organisation.

Division 4.2 Quality assurance—quality assurance committees

What is a quality assurance committee?
In this Act:
quality assurance committee means—
(a)a health facility QAC; or
(b)a health professional organisation QAC; or
(c)a special purpose QAC.
Approval of health facility QACs
(1)The Minister may approve a stated committee as a quality assurance committee for a stated health facility.
(2)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Approval of health professional organisation QACs
(1)The Minister may approve a stated committee as a quality assurance committee for a stated health professional organisation.
(2)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Approval of special purpose QACs
(1)The Minister may approve a stated committee as a quality assurance committee for a stated purpose.
(2)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.

27AQuality Assurance Committees—term
The Minister may not approve a committee under section 25, section 26 or section 27 for a term longer than 3 years.

Quality assurance committees—criteria for approval
The Minister may approve a committee as a quality assurance committee under section 25, section 26 or section 27 only if satisfied that—
(a)the committee’s functions would be facilitated by the members, and other people mentioned in section 34, being protected from liability under section 34 (Quality assurance committees—protection of members etc from liability); and
(b)it is in the public interest for part 8 (Secrecy) to apply to information held by the committee members.
Quality assurance committees—revocation of approval
The Minister may revoke the approval of a committee as a quality assurance committee if—
(a)the Minister is not satisfied about 1 or both of the criteria mentioned in section 28 in relation to the committee; or
(b)the committee has failed to prepare a health service report as required under section 38; or
(c)the committee has failed to give a health service report as required under section 39; or
(d)the committee has failed to prepare, or give, a ministerial report as required under section 41 (Annual quality assurance committee report to Minister); or
(e)the committee has failed to prepare a report as required by a regulation made under section 42 (Other quality assurance reports); or
(f)for the last year, none of the members of the committee has held sensitive information in the exercise of a function under this Act.
Note 1Sensitive information is defined in s 124.
Note 2Power to make a statutory instrument includes power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).
Quality assurance committees—functions
A quality assurance committee has the following functions:
(a)to facilitate the improvement of health services provided in the ACT;
(b)any other function given to the committee under this Act.
Quality assurance committees—appointment of members
(1)The CEO of a health facility must appoint the members of a health facility QAC for the health facility.
(2)The CEO of a health professional organisation must appoint the members of a health professional organisation QAC for the health professional organisation.
(3)The director‑general must appoint the members of a special purpose QAC.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Quality assurance committees—disclosure of interests
(1)Section 190 (Disclosure of interests by committee members) applies to quality assurance committees.
(2)If a person acting under the direction of a quality assurance committee has a material interest in an issue being considered, or about to be considered, by the committee, the person must disclose the nature of the interest at a committee meeting as soon as practicable after the relevant facts come to the person’s knowledge.
(3)In this section:
material interest—see section 190 (4).
Quality assurance committees—procedure
In exercising its functions, a quality assurance committee—
(a)must comply with the rules of natural justice; and
(b)is not bound by the rules of evidence but may inform itself of anything in the way it considers appropriate; and
(c)may do whatever it considers necessary or convenient for the fair and prompt conduct of its functions.
Quality assurance committees—protection of members etc from liability
(1)In this section:
relevant person, for a quality assurance committee—
(a)means a person who is, or has been, a member of the committee; and
(b)includes anyone engaging in conduct under the direction of a person who is a member of the committee.
(2)A relevant person for a quality assurance committee is not personally liable for anything done or omitted to be done honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a function under this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(3)Any civil liability that would, apart from this section, attach to a relevant person for a quality assurance committee attaches instead to—
(a)if the committee is a health facility QAC for a health facility—the health facility; or
(b)if the committee is a health professional organisation QAC for a health professional organisation—the health professional organisation; or
(c)if the committee is a special purpose QAC—the Territory.
Quality assurance committees—obtaining information
(1)A quality assurance committee carrying out a function under this Act may ask anyone to give the committee information, including protected information, that is relevant to the committee carrying out the function.
NoteThe identity of a person who gives information to a committee under this section is protected (see pt 8).
(2)When asking anyone for information, the committee must tell the person that giving false or misleading information is an offence against the Criminal Code, section 338 (Giving false or misleading information).
(3)If someone gives information honestly and without recklessness to a quality assurance committee under subsection (1)—
(a)the giving of the information is not—
(i)a breach of confidence; or
(ii)a breach of professional etiquette or ethics; or
(iii)a breach of a rule of professional conduct; and
(b)the person does not incur civil or criminal liability only because of the giving of the information.

Division 4.3 Assessment and evaluation of health services

Assessment and evaluation of health services
(1)A health facility QAC for a health facility may assess and evaluate health services provided by health service providers for the health facility by carrying out a quality assurance activity with the health service providers.
(2)A health professional organisation QAC for a health professional organisation may assess and evaluate health services provided by health service providers who are members of a health professional organisation by carrying out a quality assurance activity with the health service providers.
(3)A special purpose QAC may, for a purpose for which it was approved, assess and evaluate health services provided by health service providers for any health facility by carrying out a quality assurance activity with the health service providers.
(4)In this section:
quality assurance activity means an activity approved as a quality assurance activity under section 37.
Approval of quality assurance activities
(1)The Minister may approve an activity as a quality assurance activity if satisfied that the activity is designed to evaluate, monitor or improve the quality of a health service.
(2)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Examples of activities designed to evaluate, monitor or improve the quality of a health service
1     clinical audits
2     records audits
3     peer review
4     quality review
5     investigation into disease and death.
Preparing health service reports
(1)This section applies to a quality assurance committee if it completes an assessment and evaluation under section 36.
(2)The quality assurance committee must prepare a report (a health service report) about the assessment and evaluation.
NoteThe report must be prepared as soon as possible (see Legislation Act, s 151B).
(3)The health service report must include the following:
(a)details of the health services assessed and evaluated;
(b)the results of the assessment and evaluation;
(c)the committee’s conclusions;
(d)the committee’s recommendations (if any).

38AExtraordinary reports
(1)This section applies if—
(a)a quality assurance committee is assessing and evaluating health services under section 36; and
(b)the quality assurance committee becomes aware of something that is sufficiently serious to require urgent action to prevent or limit any adverse effect it might have on the health service.
(2)The quality assurance committee must report the thing to the director‑general as soon as possible, even if the committee has not completed the assessment and evaluation.
(3)Subsection (2) applies even if the thing is not related to the quality assurance activity the committee is carrying out.
(4)A report under subsection (2) must be in writing and may include sensitive information.
NoteSensitive information—see s 124.

38BInterim reports
(1)The director‑general may ask a quality assurance committee to prepare a report on its activities before it completes an assessment and evaluation under section 36.
(2)A report prepared in response to a request under subsection (1) must include the following:
(a)details of the health services that are being assessed and evaluated;
(b)details of how the assessment and evaluation is progressing;
(c)details of any conclusions the committee may have reached;
(d)the committee’s recommendations (if any).
(3)A report under subsection (1) must be in writing and may include sensitive information.
NoteSensitive information—see s 124.

Giving health service reports to CEO or director‑general
(1)This section applies to a quality assurance committee if it prepares a health service report.
(2)The quality assurance committee must give a copy of the report to—
(a)if the committee is a health facility QAC for a health facility—the CEO of the health facility; or
(b)if the committee is a health professional organisation QAC for a health professional organisation—the CEO of the health professional organisation; or
(c)if the committee is a special purpose QAC—the director‑general.
NoteThe report must be given as soon as possible (see Legislation Act, s 151B).
Monitoring implementation of recommendations
If a quality assurance committee makes a recommendation in a health service report, the committee may monitor the implementation of the recommendation.

Division 4.4 Quality assurance committees—reporting

Annual quality assurance committee report to Minister
(1)A quality assurance committee must, for each financial year, prepare a report (a ministerial report) about the committee’s operation during the year.
(2)The ministerial report must include information for the financial year about—
(a)the committee’s functions under division 4.3 (Assessment and evaluation of health services); and
(b)how the committee’s functions were facilitated by the members, and other people mentioned in section 34, being protected from liability under section 34 (Quality assurance committees—protection of members etc from liability); and
(c)why it was in the public interest for part 8 (Secrecy) to apply to information held by the committee members.
(3)The ministerial report must comply with any requirements prescribed by regulation for this section.
(4)The ministerial report must not include sensitive information.
NoteSensitive information is defined in s 124.
(5)The ministerial report must be given to the Minister not later than 3 months after the end of the financial year.
Other quality assurance committee reports
(1)A quality assurance committee must prepare a report prescribed by regulation for this section.
(2)The report must include the following information about the operation of the committee—
(a)how the committee’s functions were facilitated by the members, and other people mentioned in section 34, being protected from liability under section 34 (Quality assurance committees—protection of members etc from liability); and
(b)why it was in the public interest for part 8 (Secrecy) to apply to information held by the committee members.
(3)The report must not include sensitive information.
NoteSensitive information is defined in s 124.

Division 4.5 Quality assurance committees—information sharing

Quality assurance committees—giving information to the Coroner’s Court
A quality assurance committee may give protected information to the Coroner’s Court if the committee is satisfied that giving the information would be likely to facilitate the improvement of health services provided in the ACT.
NoteProtected information includes sensitive information (see s 123).
Quality assurance committees—giving information to other quality assurance committees
A quality assurance committee may give protected information to another quality assurance committee if the committee is satisfied that giving the information would be likely to facilitate the improvement of health services provided in the ACT.
NoteProtected information includes sensitive information (see s 123).
Quality assurance committees—giving information to health board and health services commissioner
(1)A quality assurance committee may give protected information to a health board if the committee is satisfied that giving the information would be likely to facilitate the improvement of health services provided in the ACT.
(2)If a quality assurance committee gives protected information to a health board under subsection (1), the committee must also give the information to the health services commissioner.
NoteProtected information includes sensitive information (see s 123).
Quality assurance committees—giving information to Minister
A quality assurance committee may give protected information to the Minister if the committee is satisfied that giving the information would be likely to facilitate the improvement of health services provided in the ACT.
NoteProtected information includes sensitive information (see s 123).
Quality assurance committees—admissibility of evidence
(1)The following are not admissible as evidence in a proceeding before a court:
(a)an oral statement made in a proceeding before a quality assurance committee;
(b)a document given to a quality assurance committee, but only to the extent that it was prepared only for the committee;
(c)a document prepared by a quality assurance committee.
(2)In this section:
court includes a tribunal, authority or person with power to require the production of documents or the answering of questions.

Part 5Reviewing scope of clinical practice

Definitions—pt 5
In this part:
CEO, of a health facility—see section 53.
hospital includes a day hospital.
review, in relation to scope of clinical practice—see section 55.
scope of clinical practice, of a practitioner for a health facility—see section 54.
scope of clinical practice executive decision notice—see section 70.
scope of clinical practice report—see section 67.
NoteScope of clinical practice committee is defined for the Act in s 51.
Practitioner is defined for the Act in s 52.
What is a scope of clinical practice committee?
In this Act:
scope of clinical practice committee means a committee approved under section 56 as a scope of clinical practice committee.
Who is a practitioner for a health facility?
(1)In this Act:
practitioner, for a health facility, means—
(a)a dentist for the health facility; or
(b)a doctor for the health facility; or
(c)an eligible midwife for the health facility; or
(d)a nurse practitioner for the health facility.
(2)In this section:
dentist, for a health facility, means a dentist who—
(a)provides health services at the health facility; or
(b)uses the equipment or other facilities of the health facility to provide health services elsewhere.
doctor, for a health facility, means a doctor who—
(a)provides health services at the health facility; or
(b)uses the equipment or other facilities of the health facility to provide health services elsewhere.
eligible midwife, for a health facility, means a midwife who—
(a)is an eligible midwife within the meaning of the Health Insurance Act 1973 (Cwlth), section 21 (Meaning of eligible midwife); and
(b)either—
(i)provides health services at the health facility; or
(ii)uses the equipment or other facilities of the health facility to provide health services elsewhere.
nurse practitioner, for a health facility, means a nurse practitioner who—
(a)provides health services at the health facility; or
(b)uses the equipment or other facilities of the health facility to provide health services elsewhere.
Who is the CEO of a health facility?
In this part:
CEO, of a health facility, means—
(a)for a health facility operated by the Territory—the director‑general; or
(b)in any other case—the person with overall responsibility for the control of the health facility.
What is scope of clinical practice?
In this part:
scope of clinical practice, of a practitioner for a health facility, means the rights of the practitioner established by agreement between the practitioner and the health facility—
(a)to treat patients or carry out other procedures at the health facility; or
(b)to use the equipment or other facilities of the health facility.
Meaning of review scope of clinical practice
In this part:
review, in relation to the scope of clinical practice, includes assess and evaluate the scope of clinical practice.
Approval of scope of clinical practice committees
(1)The Minister may approve a committee as a scope of clinical practice committee in accordance with section 57.
(2)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Scope of clinical practice committees—criteria for approval
The Minister may approve a committee as a scope of clinical practice committee under section 56 only if satisfied that—
(a)the committee’s functions would be facilitated by the members, and other people mentioned in section 63, being protected from liability under section 63 (Scope of clinical practice committees—protection of members etc from liability); and
(b)it is in the public interest for part 8 (Secrecy) to apply to information held by the committee members.
Scope of clinical practice committees—revocation of approval
The Minister may revoke the approval of a committee as a scope of clinical practice committee if the Minister is not satisfied about 1 or both of the criteria mentioned in section 57 in relation to the committee.
NotePower to make a statutory instrument includes power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).
Scope of clinical practice committees—functions
(1)A scope of clinical practice committee has the following functions:
(a)to decide—
(i)whether to credential a practitioner for a health facility; and
(ii)the terms on which a practitioner is credentialled;
(b)to define, and review, the scope of clinical practice of a practitioner credentialled for a health facility;
(c)to review the scope of clinical practice of a practitioner if the CEO of a health facility refers the practitioner’s scope of clinical practice to the committee under section 69 (5);
(d)to immediately withdraw or amend the scope of clinical practice of a practitioner credentialled for a health facility in accordance with this Act;
(e)any other function given to the committee under this Act.
(2)A reference in this section to credentialling a practitioner includes re‑credentialling the practitioner.
(3)A scope of clinical practice committee must, as far as practicable, exercise its functions under subsection (1) (a), (b) and (c) in accordance with the Standard.
(4)In this section:
credential, in relation to a practitioner, means endorse the practitioner to provide health services based on verification and assessment of the practitioner’s qualifications, experience, skill, professional standing and any other relevant professional attributes.
Standard means the Australian Council for Safety and Quality in Health Care, Standard for Credentialling and Defining the Scope of Clinical Practice, published in July 2004.

Scope of clinical practice committees—appointment of members
The director‑general must appoint the members of a scope of clinical practice committee.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
Scope of clinical practice committees—disclosure of interests
(1)Section 190 (Disclosure of interests by committee members) applies to scope of clinical practice committees.
(2)If a person acting under the direction of a scope of clinical practice committee has a material interest in an issue being considered, or about to be considered, by the committee, the person must disclose the nature of the interest at a committee meeting as soon as practicable after the relevant facts come to the person’s knowledge.
(3)In this section:
material interest—see section 190 (4).
Scope of clinical practice committees—procedure
(1)In exercising its functions, a scope of clinical practice committee—
(a)must comply with the rules of natural justice; and
(b)is not bound by the rules of evidence but may inform itself of anything in the way it considers appropriate; and
(c)may do whatever it considers necessary or convenient for the fair and prompt conduct of its functions.
(2)A scope of clinical practice committee may, by resolution, determine the procedures for carrying out its functions.
Scope of clinical practice committees—protection of members etc from liability
(1)A relevant person for a scope of clinical practice committee is not personally liable for anything done or omitted to be done honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a function under this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)Any civil liability that would, apart from this section, attach to a relevant person for a scope of clinical practice committee attaches instead to the Territory.
(3)In this section:
relevant person, for a scope of clinical practice committee—
(a)means a person who is, or has been, a member of the committee; and
(b)includes anyone engaging in conduct under the direction of a person who is a member of the committee.
Scope of clinical practice committees—obtaining information
(1)A scope of clinical practice committee carrying out a function under this Act may ask anyone to give the committee information, including protected information, that is relevant to the committee carrying out the function.
NoteThe identity of a person who gives information to a committee under this section is protected (see pt 8).
(2)When asking anyone for information, the committee must tell the person that giving false or misleading information is an offence against the Criminal Code, section 338 (Giving false or misleading information).
(3)If someone gives information honestly and without recklessness to a scope of clinical practice committee under subsection (1)—
(a)the giving of the information is not—
(i)a breach of confidence; or
(ii)a breach of professional etiquette or ethics; or
(iii)a breach of a rule of professional conduct; and
(b)the person does not incur civil or criminal liability only because of giving the information.
Scope of clinical practice committee must give practitioner opportunity to explain
(1)This section applies to a scope of clinical practice committee if—
(a)the committee is reviewing the scope of clinical practice of a practitioner for a health facility; and
(b)the committee proposes to recommend in a scope of clinical practice report that—
(i)the scope of clinical practice of the practitioner should be amended or withdrawn; or
(ii)the terms of engagement of the practitioner by the health facility should be amended; or
(iii)the engagement of the practitioner by the health facility should be suspended or ended.
NoteScope of clinical practice reports are prepared under s 67.
(2)The committee must give the practitioner a written notice (a recommendation notice) stating—
(a)the committee’s proposed recommendation; and
(b)the reasons for the committee’s proposed recommendation; and
(c)that the practitioner may, not later than 21 days after the day the recommendation notice is given to the practitioner, make a submission to the committee about the proposed recommendation.
(3)A recommendation notice must not include sensitive information.
NoteSensitive information—see s 124.
(4)The committee must consider any submission made by the practitioner midwife to the committee in accordance with the notice.
Interim and emergency withdrawal or amendment of scope of clinical practice by committee
(1)If at any time a scope of clinical practice committee forms the view that the clinical practice of a practitioner at a health facility poses a threat to the safety of members of the public, the committee may withdraw or amend the scope of clinical practice of the practitioner with immediate effect.
(2)The scope of clinical practice committee may take action under subsection (1) before the completion of a review by the committee of the practitioner’s scope of clinical practice under section 65.
(3)Any withdrawal or amendment under this section has effect until a decision of the CEO of a health facility on the scope of clinical practice report in relation to the practitioner takes effect under section 71 (When CEO decision on scope of clinical practice report takes effect).
(4)If a scope of clinical practice committee withdraws or amends the scope of clinical practice of a practitioner under subsection (1), the committee must tell the director‑general of the committee’s decision and the date of the decision, in writing, as soon as possible.
(5)If the director-general is told about the withdrawal or amendment of the scope of clinical practice of a practitioner under this section, the director-general must tell appropriate officers under their authority or direction of the committee’s decision so that proper effect can be given to the decision.
Preparing scope of clinical practice reports
(1)This section applies to a scope of clinical practice committee if—
(a)the committee has reviewed the scope of clinical practice of a practitioner for a health facility; and
(b)if the committee has given the practitioner a recommendation notice—the committee has considered any submission made by the practitioner in accordance with the notice; and
(c)the committee has completed the review.
(2)The scope of clinical practice committee must prepare a report (a scope of clinical practice report) about the review.
NoteThe report must be prepared as soon as possible (see Legislation Act, s 151B).
(3)The scope of clinical practice report must include the committee’s recommendations about whether—
(a)the scope of clinical practice of the practitioner should stay the same, be amended or be withdrawn; and
(b)the terms of engagement of the practitioner by the health facility should be amended; and
(c)the engagement of the practitioner by the health facility should be suspended or ended.
(4)In this section:
recommendation notice—see section 65 (2).
Giving scope of clinical practice reports to CEO of health facility and practitioner
If a scope of clinical practice committee prepares a scope of clinical practice report about a practitioner for a health facility, the committee must give a copy of the report to—
(a)the CEO of the health facility; and
(b)the practitioner.
NoteThe report must be given as soon as possible (see Legislation Act, s 151B).
CEO may make interim or emergency decision on scope of clinical practice
(1)If the CEO of a health facility has concerns about a practitioner for a health facility of sufficient seriousness to warrant the immediate amendment or withdrawal of the scope of clinical practice of the practitioner, the CEO may, by notice in writing, amend or withdraw the scope of clinical practice of the practitioner with immediate effect.
(2)The CEO may take action under subsection (1) even if a scope of clinical practice committee has not reported on, or is not currently investigating, the scope of clinical practice of the practitioner.
(3)Any amendment or withdrawal of the scope of clinical practice of a practitioner under this section has effect from the day and time the notice is given to the practitioner—
(a)if a scope of clinical practice report is prepared under section 67 in relation to the practitioner—until a decision on the scope of clinical practice report takes effect under section 71; or
(b)in any other case—until the CEO, by notice in writing, revokes the amendment or withdrawal.
(4)Subsection (5) applies if—
(a)the CEO amends or withdraws the scope of clinical practice of a practitioner under subsection (1); and
(b)the scope of clinical practice of the practitioner is not the subject of an investigation by a scope of clinical practice committee.
(5)The CEO must immediately refer the scope of clinical practice of the practitioner to a scope of clinical practice committee.
(6)If the CEO amends or withdraws the scope of clinical practice of a practitioner under subsection (1), the CEO must, in writing, notify—
(a)the practitioner; and
(b)if the CEO is not the director‑general—the director‑general; and
(c)the relevant health board for the practitioner; and
(d)the health services commissioner; and
(e)the CEO of any other health facility at which the practitioner is engaged; and
(f)if a scope of clinical practice committee submitted a report about the practitioner under section 68 to the CEO—the scope of clinical practice committee that submitted the report; and
(g)all appropriate officers under the CEO’s authority or direction of the committee’s decision so that proper effect can be given to the decision.
Examples—appropriate officers
·general manager of the health facility
·clinical unit director
·head of department at health facility
·immediate supervisor of practitioner
·human resource personnel
CEO must make decision on scope of clinical practice report
(1)This section applies if the CEO of a health facility is given a scope of clinical practice report about a practitioner for the health facility.
(2)The CEO must—
(a)consider the recommendations in the scope of clinical practice report; and
(b)decide whether to take—
(i)the action recommended in the scope of clinical practice report; or
(ii)any other action that the committee could have recommended under section 67 (3) that the CEO considers appropriate.
Note 1The CEO must consider the recommendations and make a decision as soon as possible (see Legislation Act, s 151B).
Note 2A decision of the CEO under this section is a reviewable decision (see pt 10).
(3)After the CEO has made a decision under subsection (2), the CEO must give the following people notice in writing (a scope of clinical practice executive decision notice) of the decision:
(a)each practitioner for the health facility whose scope of clinical practice or engagement will be affected by the CEO’s decision;
(b)the scope of clinical practice committee that prepared the scope of clinical practice report;
(c)all appropriate officers under the CEO’s authority or direction so that proper effect can be given to the decision.
Examples—appropriate officers
·general manager of the health facility
·clinical unit director
·head of department at health facility
·immediate supervisor of practitioner
·human resource personnel
(4)A scope of clinical practice executive decision notice in relation to a practitioner must include the following information:
(a)if the practitioner’s scope of clinical practice is to stay the same—a statement to that effect;
(b)if the practitioner’s scope of clinical practice is to be amended—how the scope of clinical practice is being amended;
(c)if the practitioner’s scope of clinical practice is to be withdrawn—a statement to that effect;
(d)if the term of engagement of the practitioner by a health facility is to be amended—how the term is being amended;
(e)if the engagement of the practitioner by a health facility is to be suspended—the period for which the engagement is being suspended;
(f)if the engagement of the practitioner by a health facility is to be ended—a statement to that effect;
(g)if the practitioner was the subject of a decision of the CEO under section 69—a statement to that effect;
(h)when the decision takes effect.
(5)The scope of clinical practice review notice must be in accordance with the requirements for a reviewable decision notice.
NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
When CEO decision on scope of clinical practice report takes effect
(1)A decision of the CEO of a health facility under section 69 or section 70 in relation to a practitioner for the health facility takes effect on the later of the following:
(a)the day stated in the scope of clinical practice review notice for the decision;
(b)the day the scope of clinical practice review notice is given to the practitioner.
(2)For subsection (1) (b), if the notice cannot be given to the practitioner in person, the notice is taken to be given to the practitioner 7 days after the day it is posted to the practitioner’s last known home address.
CEO may give information about decision to health facility outside ACT
(1)If the CEO of a health facility makes a decision under section 69 or section 70 to amend or withdraw the scope of clinical practice of a practitioner, the CEO may tell the CEO of a health facility that is outside the ACT (the other CEO) about the amendment or withdrawal.
(2)However, the CEO may not tell the other CEO about the amendment or withdrawal, unless the other CEO asks, in writing, for information about the scope of clinical practice of the practitioner.
Request for information by health facility outside ACT
(1)This section applies if a health facility outside the ACT (the requesting facility) asks the CEO of a health facility for clinical practice information about a practitioner that has been the subject of a scope of clinical practice review at the health facility.
(2)The CEO must—
(a)if the request for information is in writing—forward the request within 7 days of receiving it to the scope of clinical practice committee that reviewed the practitioner’s scope of clinical practice; or
(b)if the request is not in writing—tell the requesting facility as soon as practicable that the request must be made in writing.
(3)A scope of clinical practice review committee that receives a request from a CEO under subsection (2) (a) may give the requesting facility—
(a)the following information if the information formed part of the committee’s review of the practitioner, and is relevant to the information asked for by the requesting facility:
(i)particulars of the complaint against the practitioner;
(ii)particulars about any patients treated by the practitioner;
(iii)health facility medical records;
(iv)reports from other providers of health services; and
(b)a summary of the committee’s review report into the practitioner’s scope of clinical practice.
(4)However, any information given to a requesting facility under subsection (3) must be given in a form that does not allow a person mentioned in the information, other than the practitioner reviewed by the committee, to be identified.
(5)In this section:
clinical practice information, about a practitioner, means information relating to the clinical competency and standards of professional conduct of the practitioner.
Scope of clinical practice committees—giving information to health board and health services commissioner
(1)A scope of clinical practice committee may give protected information to a health board if the committee is satisfied that giving the information would be likely to facilitate the improvement of health services provided in the ACT.
NoteProtected information includes sensitive information (see s 123).
(2)If a clinical practice committee gives protected information to a health board under subsection (1), the committee must give the information to the health services commissioner.
(3)A scope of clinical practice committee must tell the relevant health board, and the health services commissioner, if the committee is satisfied that the clinical practice of a practitioner has failed to meet a required standard of practice, or that the practitioner does not satisfy the suitability to practise requirements.
NoteThe Health Practitioner Regulation National Law (ACT), pt 8, div 2 imposes an obligation to report misconduct or impairment.
Scope of clinical practice committees—admissibility of evidence
(1)The following are not admissible as evidence in a proceeding before a court:
(a)an oral statement made in a proceeding before a scope of clinical practice committee;
(b)a document given to a scope of clinical practice committee, but only to the extent that it was prepared only for the committee;
(c)a document prepared by a scope of clinical practice committee.
(2)In this section:
court includes a tribunal, authority or person with power to require the production of documents or the answering of questions.
Sharing information with other committees
A scope of clinical practice committee may share the following information, including protected information, with another scope of clinical practice committee or a quality assurance committee:
(a)any information that comes before the committee in the course of its functions;
(b)a decision of a CEO under section 69 or section 70 that related to a recommendation made by the committee.
Sharing information with 3rd parties
(1)This section applies if—
(a)the CEO of a health facility makes a decision, under section 69 or section 70, to amend or withdraw the scope of clinical practice of a practitioner; and
(b)a person asks for information about the decision.
(2)The CEO may give the person information about the decision, but may not disclose the identity of the practitioner or any other sensitive information.
NoteSensitive information—see s 124.
Complainants to remain anonymous
If a person makes a complaint about a practitioner and the matter is referred to a scope of clinical practice committee, the committee—
(a)must not disclose the identity of the complainant to the practitioner or any other person who is not a member of the committee; and
(b)if the committee provides any information to a person about a complaint—may provide information in a way that protects the identity of the complainant unless required to do otherwise by this Act or any other Territory law.

Part 6Abortions
Division 6.1 Abortions—generally

Definitions—pt 6
(1)In this part:
abortifacient means a medicine, drug or other substance that causes a pregnancy to end prematurely.
abortion means a medical abortion or surgical abortion.
approved medical facility means a medical facility, or a part of a medical facility, approved under section 84.
surgical abortion means a surgical procedure or any other procedure or act (other than the administration or supply of an abortifacient) that causes a pregnancy to end prematurely.
(2)In this section:
medical abortion means the prescription, supply or administration of an abortifacient.
Offence—unauthorised supply or administration of abortifacient
(1)A person commits an offence if—
(a)the person supplies or administers an abortifacient to another person; and
(b)the abortifacient is supplied or administered by the person for the purpose of ending a pregnancy; and
(c)the person is not—
(i)a doctor; or
(ii)a nurse practitioner; or
(iii)a person prescribed by regulation.
Maximum penalty: imprisonment for 5 years.
(2)Subsection (1) does not apply to—
(a)a pharmacist supplying an abortifacient in accordance with a prescription; or
(b)a person assisting a pharmacist in supplying an abortifacient in accordance with a prescription.
(3)For this section, it does not matter whether or not—
(a)the other person was pregnant; or
(b)the abortifacient supplied or administered was sufficient to end a pregnancy.
(4)In this section:
prescription—see the Medicines, Poisons and Therapeutic Goods Act 2008, dictionary.
Offence—unauthorised surgical abortion
(1)A person commits an offence if the person—
(a)carries out a surgical abortion; and
(b)is not a doctor.
Maximum penalty: imprisonment for 5 years.
(2)Subsection (1) does not apply to a person assisting a doctor to carry out a surgical abortion.
Surgical abortion to be carried out in approved medical facility
A person commits an offence if the person carries out a surgical abortion other than in an approved medical facility.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Approval of facilities
(1)A person may apply to the Minister to have a medical facility, or a part of a medical facility, approved to carry out surgical abortions.
(2)The Minister must approve the application if reasonably satisfied the medical facility is suitable.
(3)An approval is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.

84AConscientious objection
(1)Subject to subsection (2), an authorised person may, on religious or other conscientious grounds (a conscientious objection), refuse to provide any of the following services (an abortion service):
(a)prescribe, supply or administer an abortifacient;
(b)carry out or assist in carrying out a surgical abortion.
(2)An authorised person must not refuse, only because of a conscientious objection—
(a)to carry out, or assist in carrying out, a surgical abortion in an emergency where an abortion is necessary to preserve the life of the pregnant person; or
(b)to provide medical assistance or treatment to a person requiring medical treatment because of an abortion.
(3)There is no breach of duty (by contract or by statutory or other legal requirement) or contravention of a territory law if an authorised person refuses to provide an abortion service because of a conscientious objection.
(4)However, if an authorised person refuses to provide an abortion service because of a conscientious objection, they must, immediately after refusing—
(a)tell the person requesting the abortion service that they refuse to provide the service because of the objection; and
(b)either—
(i)give the person information about how to locate or contact—
(A)a health practitioner who they reasonably believe can provide the abortion service and would not refuse to do so because of a conscientious objection; or
(B)a medical facility where they reasonably believe a health practitioner working at the facility can provide the abortion service and would not refuse to do so because of a conscientious objection; or

(ii)transfer the person’s care to a practitioner or facility mentioned in subparagraph (i) (A) or (B).

(5)In this section:
authorised person means—
(a)a doctor; or
(b)a nurse; or
(c)a nurse practitioner; or
(d)a person prescribed by regulation for section 81 (1) (c) (iii).

Division 6.2 Patient privacy in protected areas

Definitions—div 6.2
(1)In this division:
capture visual data—a person captures visual data of another person if the person captures moving or still images of the other person by a camera or any other means in such a way that—
(a)a recording is made of the images; or
(b)the images are capable of being transmitted in real time with or without retention or storage in a physical or electronic form; or
(c)the images are otherwise capable of being distributed.
prohibited behaviour, in a protected area around a protected facility, means any of the following:
(a)the harassment, hindering, intimidation, interference with, threatening or obstruction of a person, including by the capturing of visual data of the person, in the protected period that is intended to stop the person from—
(i)entering the protected facility; or
(ii)having an abortion, providing a surgical abortion or prescribing, supplying or administering an abortifacient in the protected facility;
(b)an act that—
(i)can be seen or heard by anyone in the protected period; and
(ii)is intended to stop a person from—
(A)entering the protected facility; or
(B)having an abortion, providing a surgical abortion or prescribing, supplying or administering an abortifacient in the protected facility;
(c)a protest, by any means, in the protected period in relation to a person doing any of the things mentioned in paragraph (b) (ii) (A) or (B).
protected area means an area declared under section 86.
protected facility means an approved medical facility or other place around which a protected area has been declared under section 86.
(2)For this section, protected period, in relation to a protected facility, means the period between 7 am and 6 pm on each day the facility is open or any other period declared by the Minister.
(3)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Declaration of protected area
(1)The Minister must, on application by a person responsible for the management of an approved medical facility, declare an area around the facility to be a protected area.
(2)The Minister may declare an area around a place where an abortifacient is prescribed, supplied or administered to be a protected area.
(3)In making the declaration, the Minister must be satisfied that the area declared is—
(a)not less than 50m at any point from the protected facility; and
(b)sufficient to ensure the privacy and unimpeded access for anyone entering, trying to enter or leaving the protected facility; but
(c)no bigger than necessary to ensure that outcome.
(4)A declaration is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Prohibited behaviour in or in relation to protected area
(1)A person commits an offence if the person—
(a)is in a protected area; and
(b)engages in prohibited behaviour.
Maximum penalty: 25 penalty units.
(2)A person commits an offence if—
(a)the person publishes captured visual data of a person (the recorded person) entering or leaving, or trying to enter or leave, a protected facility; and
(b)the person does so with the intention of stopping a person from—
(i)having an abortion; or
(ii)providing a surgical abortion; or
(iii)prescribing, supplying or administering an abortifacient; and
(c)the recorded person did not consent to the publication.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)In this section:
publish, captured visual data—
(a)means communicate or distribute visual data in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the visual data; and
(b)includes—
(i)entering into an agreement or arrangement to do a thing mentioned in paragraph (a); and
(ii)attempting to do a thing mentioned in paragraph (a) or subparagraph (i).

Part 7VMO service contracts

Definitions for pt 7
In this part:
authorised representative means an entity authorised as a representative under section 105.
core conditions means conditions determined under section 102.
entity means a corporation or an unincorporated association.
negotiating agent means an entity approved as a negotiating agent under section 104.
negotiating period—see section 103 (2).
practice corporation, of a VMO, means a corporation that is controlled or conducted by the VMO and by which the VMO conducts their practice as a doctor or dentist.
service contract means a contract for services, between the Territory and a VMO (or the VMO’s practice corporation), under which the VMO is to provide health services to or for the Territory.
VMO (visiting medical officer) means a doctor or dentist who is engaged, or who the Territory proposes to engage, under a service contract.
Service contracts
(1)The Territory must not enter into a service contract unless it includes the core conditions that apply to the contract.
(2)A service contract entered into in contravention of subsection (1) is void.
(3)A condition of a service contract that is inconsistent with a core condition that applies to the contract is void to the extent of the inconsistency.
Core conditions
(1)The Minister may determine core conditions for service contracts.
(2)The Minister must not determine a condition as a core condition unless the condition has been—
(a)agreed in collective negotiations under section 103; or
(b)decided by arbitration under section 106.
(3)A determination of core conditions is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Collective negotiations
(1)The Territory may negotiate with a negotiating agent, or negotiating agents, to establish proposed core conditions for service contracts.
(2)Before beginning collective negotiations, the Minister must determine a period (the negotiating period) for the negotiations.
(3)A negotiating period must not be shorter than 3 months unless the parties to the negotiations agree to a shorter negotiating period.
(4)A determination of a negotiating period is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Negotiating agents
(1)The Minister may, in writing, approve an entity as a negotiating agent.
(2)The Minister must not approve an entity as a negotiating agent unless the Minister is satisfied that—
(a)the entity is the authorised representative of at least 50 VMOs who, between them, belong to at least 3 of the following categories:
(i)physician;
(ii)surgeon;
(iii)obstetrician and gynaecologist;
(iv)anaesthetist;
(v)general practitioner or other doctor or dentist; and
(b)the entity is not disqualified under subsection (3); and
(c)the entity is otherwise suitable to be a negotiating agent having regard to anything that may reasonably influence that decision, including the following:
(i)any criminal or civil court proceedings in which the entity or an executive officer of the entity has been concerned in the previous 10 years;
(ii)any levy of execution against the entity or an executive officer of the entity that is not satisfied;
(iii)whether an executive officer of the entity has ceased to carry on business, or has been involved in the management of an entity that has ceased to carry on business, with the result that creditors were not fully paid or are unlikely to be fully paid.
(3)For subsection (2) (b), an entity is disqualified if—
(a)the entity, or an executive officer of the entity, has been convicted, in the ACT or elsewhere, of—
(i)an offence punishable by imprisonment for longer than 1 year; or
(ii)an offence that involves dishonesty and is punishable by imprisonment for 3 months or longer; or
(b)the entity has a receiver, receiver and manager, or provisional liquidator appointed over part or all of its affairs, or is otherwise under external administration; or
(c)the entity is bankrupt or personally insolvent; or
NoteBankrupt or personally insolvent—see the Legislation Act, dict, pt 1.
(d)the executive officer of the entity is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations).
(4)In this section:
executive officer, of an entity, means a person, by whatever name called, and whether or not the person is a director of the entity, who is concerned with or takes part in the management of the entity.
Authorised representatives
(1)A VMO may, in writing, authorise 1 entity to represent the VMO in collective negotiations under section 103.
NoteIf a form is approved under s 194 for an authorisation, the form must be used.
(2)The authorisation must nominate 1 of the categories mentioned in section 104 (2) (a) as the category to which the VMO belongs.
Arbitration
(1)This section applies if agreement is not reached in collective negotiations between the Territory and a negotiating agent or negotiating agents in relation to a matter before the end of the negotiating period.
(2)Unless resolved by mediation beforehand, the matter must be decided by arbitration.
(3)The arbitration must be conducted under the Commercial Arbitration Act 2017 and in accordance with principles and rules determined by the Minister.
(4)That Act applies to the arbitration as if the determined principles and rules were an arbitration agreement between the Territory and the negotiating agent or negotiating agents.
(5)The principles and rules—
(a)must be determined by the Minister having regard to the objective of improving the efficiency, effectiveness and quality of health services, and other public interest considerations; and
(b)must include a requirement that the arbitrator—
(i)be a person with experience in determining industrial awards or a barrister with mediation experience; and
(ii)have appropriate experience to enable the arbitrator to carry out the arbitrator’s role; and
(c)must be fair and reasonable.
(6)A determination of principles and rules for arbitration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Competition and Consumer Act authorisation
For the Competition and Consumer Act 2010 (Cwlth) and the Competition Code of the ACT, the following are authorised:
(a)collective negotiations between the Territory and an approved negotiating agent, or approved negotiating agents, under this part;
(b)the conditions agreed in those negotiations;
(c)service contracts containing core conditions;
(d)everything done under a service contract.

Part 8Secrecy

Definitions—pt 8
In this part:
divulge—see section 121.
information holder—see section 122.
NoteProtected information and sensitive information are defined for the Act (see s 123 and s 124).
When is information divulged?
In this part:
divulge includes communicate.
Who is an information holder?
For this part, a person is an information holder if—
(a)the person is or has been—
(i)a member of a quality assurance committee; or
(ii)a member of a scope of clinical practice committee; or
(iii)someone else exercising a function under part 4 (Quality assurance) or part 5 (Reviewing scope of clinical practice); or
(iv)someone else engaged in the administration of part 4 (Quality assurance) or part 5 (Reviewing scope of clinical practice); or
(b)the person has been given information under this Act by a person mentioned in paragraph (a).
NoteInformation may be given to people under various provisions of pt 4 and pt 5, including:
·s 39 (Giving health service reports to CEO or director‑general)
·s 43 (Quality assurance committees—giving information to the Coroner’s Court)
·s 44 (Quality assurance committees—giving information to other quality assurance committees)
·s 45 (Quality assurance committees—giving information to health board and health services commissioner)
·s 74 (Scope of clinical practice committees—giving information to health board and health services commissioner).
What is protected information?
(1)For this Act, information is protected information about a person if it is information about the person that is disclosed to, or obtained by, an information holder because of the exercise of a function under this Act by the information holder or someone else.
(2)Without limiting subsection (1), protected information includes sensitive information.
What is sensitive information?
In this Act:
sensitive information means information that—
(a)identifies a person who—
(i)has received a health service; or
(ii)is a health service provider; or
(iii)has provided information to a quality assurance committee under section 35 (Quality assurance committees—obtaining information) or otherwise in the course of the committee carrying out the committee’s functions under this Act; or
(iv)has provided information to a scope of clinical practice committee under section 64 (Scope of clinical practice committees—obtaining information) or otherwise in the course of the committee carrying out the committee’s functions under this Act; or
(b)would allow the identity of the person to be worked out.
Offence—secrecy of protected information
(1)An information holder commits an offence if—
(a)the information holder—
(i)makes a record of protected information about someone else; and
(ii)is reckless about whether the information is protected information about someone else; or
(b)the information holder—
(i)does something that divulges protected information about someone else; and
(ii)is reckless about whether—
(A)the information is protected information about someone else; and
(B)doing the thing would result in the information being divulged to another person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply to the making of a record or the divulging of information if the record is made or the information divulged—
(a)under this Act; or
(b)in the exercise of a function, as an information holder, under this Act.
(3)This section does not apply to the making of a record or the divulging of information if—
(a)the protected information is not sensitive information; and
(b)the record is made or the information divulged—
(i)under another territory law; or
(ii)in the exercise of a function, as an information holder, under another territory law.
(4)This section does not apply to the divulging of protected information about someone with the person’s agreement.
(5)An information holder must not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act.
NoteA quality assurance committee may give protected information to the Coroner’s Court (see s 43).
(6)In this section:
court includes a tribunal, authority or person with power to require the production of documents or the answering of questions.
produce includes allow access to.

Amendment history
Long title
long titlesub A1998‑50 s 4
am A2002‑47 amdt 1.10
Name of Act
s 1sub A2001‑56 amdt 1.3
Dictionary
s 2om A2001‑44 amdt 1.2022
ins A2001‑56 amdt 1.3
am A2006‑27 s 4; A2010‑10 amdt 2.27
Notes
s 3defs reloc to dict A2001‑56 amdt 1.6
sub A2001‑56 amdt 1.7
Declaration of quality assurance activity
s 3Arenum as s 4
Offences against Act—application of Criminal Code etc
s 4orig s 4
renum as s 5 and then s 10
prev s 4
(prev s 3A) ins A2001‑56 amdt 1.8
renum as s 4 R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 s 5
pres s 4
(prev s 3A) ins A2005‑54 amdt 1.167
renum as s 4 A2006‑27 amdt 1.1
Important concepts
pt 2 hdgorig pt 2 hdg
renum as pt 3 hdg
pres pt 2 hdg
ins A2006‑27 s 5
What is a health service?
s 5orig s 5
renum as s 6 and then s 11
prev s 5
renum as s 10
pres s 5
ins A2006‑27 s 5
What is a health facility?
s 6orig s 6
renum as s 7 and then s 12
prev s 6
renum as s 11
pres s 6
ins A2006‑27 s 5
am A2010‑10 amdt 2.28
Who is a health service provider?
s 7orig s 7
renum as s 8
prev s 7
renum as s 12
pres s 7
ins A2006‑27 s 5
am A2010‑10 amdt 2.29
Appointment of members
s 7Arenum as s 9
What is the local hospital network?
s 8 hdg(prev s 7 hdg) sub A2001‑56 amdt 1.10
s 8(prev s 7) am A1994‑38 sch 1 pt 44; A1996‑35 sch; A2001‑56 amdts 1.10-1.12
renum as s 8 R4 LA (see A2001‑56 amdt 1.36)
am A2002‑47 amdt 1.12, amdt 1.13
om A2006‑27 s 6
ins A2011‑11 s 4
om A2017‑4 amdt 3.66
Disclosure of interest
s 8Arenum as s 11
Appointment of members
s 9(prev s 7A) ins A2001‑56 amdt 1.13
renum as s 9 R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 s 6
Health care principles
pt 3 hdgorig pt 3 hdg
sub A1998‑50 s 6
om A2006‑27 s 6
pres pt 3 hdg
(prev pt 2 hdg) renum as pt 3 hdg A2006‑27 amdt 1.2
General
div 3.1 hdg(prev pt 3 div 1 hdg) renum R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 s 6
Confidentiality and evidentiary matters
div 3.2 hdg(prev pt 3 div 2 hdg) renum R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 s 6
Objectives
s 10orig s 10
renum as s 13
prev s 10
(prev s 8) am A1998‑50 s 7
renum as s 10 R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 s 6
pres s 10
(prev s 4) am A1996‑35 sch
renum as s 5 R4 LA (see A2001‑56 amdt 1.36)
am A2002‑47 amdt 1.11
renum as s 10 A2006‑27 amdt 1.3
am A2011‑3 amdt 3.220
Medicare principles and commitments
s 11orig s 11
renum as s 14
prev s 11
(prev s 8A) ins A1998‑50 s 8
renum as s 11 R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 s 6
pres s 11
(prev s 5) am A1994‑23 s 4; A2001‑56 amdt 1.9
renum as s 6 R4 LA (see A2001‑56 amdt 1.36)
renum as s 11 A2006‑27 amdt 1.3
am A2022‑14 amdt 3.104
Legal effect
s 12orig s 12
renum as s 15
prev s 12
(prev s 9) am A1998‑50 s 9; A2001‑56 amdts 1.14-1.17
renum as s 12 R4 LA (see A2001‑56 amdt 1.36)
am A2003‑41 amdt 1.1
om A2006‑27 s 6
pres s 12
(prev s 6) renum as s 7 R4 LA (see A2001‑56 amdt 1.36)
renum as s 12 A2006‑27 amdt 1.3
Local Health and Hospitals Network
pt 3A hdgorig pt 3A hdg
renum as pt 4 hdg
pres pt 3A hdg
ins A2011‑11 s 5
om A2016‑11 s 5
Establishment, functions and members of Local Hospital Network Council
div 3A.1 hdg         ins A2011‑11 s 5
om A2016‑11 s 5
Local Hospital Network Council
s 13(prev s 10) am A1998‑50 s 10; A1998‑54 sch
renum as s 13 R4 LA (see A2001‑56 amdt 1.36)
sub A2005‑54 amdt 1.168
om A2006‑27 s 6
ins A2011‑11 s 5
om A2016‑11 s 5
Protection of people assisting committee
s 13AArenum as s 17
Definitions for pt 4
s 13ABrenum as s 18
Committee to be approved
s 13ACrenum as s 19
Procedure and conduct of matters
s 13ADrenum as s 20
Disclosure of interest
s 13AErenum as s 21
Nondisclosure of identity
s 13AFrenum as s 22
Admissibility of evidence
s 13AGrenum as s 23
Members not compellable
s 13AHrenum as s 24
Protection of members
s 13AIrenum as s 25
Protection of people assisting committee
s 13AJrenum as s 26
Interpretation for pt 5
s 13Arenum as s 27
Functions of council
s 14(prev s 11) sub A1998‑50 s 11
renum as s 14 R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 s 6
ins A2011‑11 s 5
am A2011‑22 amdt 1.239
om A2016‑11 s 5
Council report to Minister etc
s 15 hdg(prev s 12 hdg) sub A2003‑41 amdt 1.1
s 15(prev s 12) am A1998‑50 s 12
renum as s 15 R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 s 6
ins A2011‑11 s 5
om A2016‑11 s 5
Membership of council
s 16(prev s 13) am A1996‑35 sch; A1998‑50 s 13; A2001‑56 amdts 1.18-1.24
renum as s 16 R4 LA (see A2001‑56 amdt 1.36)
am A2002‑47 amdt 1.14
om A2006‑27 s 6
ins A2011‑11 s 5
om A2016‑11 s 5
Members of council
s 17orig s 17
om A1996‑35 sch
pres s 17
(prev s 13AA) ins A1998‑50 s 14
am A2001‑56 amdt 1.25
renum as s 17 R4 LA (see A2001‑56 amdt 1.36)
am A2002‑47 amdt 1.14
om A2006‑27 s 6
ins A2011‑11 s 5
om A2016‑11 s 5
Chair and deputy chair
s 18orig s 18
om A1996‑35 sch
pres s 18
(prev s 13AB) ins A1998‑50 s 15
def prescribed body ins A1998‑50 s 15
am A2001‑56 amdt 1.26
def private day hospital facility ins A1998‑50 s 15
renum as s 18 R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 s 6
ins A2011‑11 s 5
om A2016‑11 s 5
Term of appointment of members
s 19(prev s 13AC) ins A1998‑50 s 15
am A2001‑44 amdt 1.2023, amdt 1.2024
renum as s 19 R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 s 6
ins A2011‑11 s 5
om A2016‑11 s 5
Ending of appointment of members
s 19Aorig s 19A
renum as s 31
pres s 19A
ins A2011‑11 s 5
om A2016‑11 s 5
Conditions of appointment generally
s 19Bins A2011‑11 s 5
om A2016‑11 s 5
Proceedings of council
div 3A.2 hdg         ins A2011‑11 s 5
om A2016‑11 s 5
Time and place of meetings of council
s 19Cins A2011‑11 s 5
am A2011‑22 amdt 1.239
om A2016‑11 s 5
Procedures governing proceedings of council
s 19Dins A2011‑11 s 5
am A2011‑22 amdt 1.239
om A2016‑11 s 5
Council—disclosure of interests
s 19Eins A2011‑11 s 5
om A2016‑11 s 5
Review of pt 3A
div 3A.3 hdg         ins A2011‑11 s 5
exp 1 July 2013 (s 19F (3))
Review of pt 3A
s 19Fins A2011‑11 s 5
exp 1 July 2013 (s 19F (3))
Quality assurance
pt 4 hdg(prev pt 3A hdg) ins A1998‑50 s 15
renum as pt 4 hdg R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Quality assurance—important concepts
div 4.1 hdg(prev pt 3A div 1 hdg) renum R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Definitions—pt 4
s 20(prev s 13AD) ins A1998‑50 s 15
renum as s 20 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
def CEO ins A2006‑27 s 6
def health facility QAC ins A2006‑27 s 6
def health professional organisation ins A2006‑27 s 6
def health professional organisation QAC ins A2006‑27 s 6
def health service report ins A2006‑27 s 6
def ministerial report ins A2006‑27 s 6
def special purpose QAC ins A2006‑27 s 6
sub A2018‑42 amdt 3.48
What is a health professional organisation?
s 21orig s 21
renum as s 34
pres s 21
(prev s 13AE) ins A1998‑50 s 15
renum as s 21 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Who is the CEO of a health facility?
s 22orig s 22
renum as s 35 and then s 191
pres s 22
(prev s 13AF) ins A1998‑50 s 15
renum as s 22 R4 LA (see A2001‑56 amdt 1.36)
sub A2005‑54 amdt 1.169; A2006‑27 s 6
am A2011‑22 amdt 1.238
Who is the CEO of a health professional organisation?
s 23(prev s 13AG) ins A1998‑50 s 15
renum as s 23 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Quality assurance—quality assurance committees
div 4.2 hdg(prev pt 3A div 2 hdg) renum R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
What is a quality assurance committee?
s 24(prev s 13AH) ins A1998‑50 s 15
renum as s 24 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Approval of health facility QACs
s 25(prev s 13AI) ins A1998‑50 s 15
am A2001‑56 amdts 1.27-1.33
renum as s 25 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Approval of health professional organisation QACs
s 26(prev s 13AJ) ins A1998‑50 s 15
am A2001‑56 amdt 1.34
renum as s 26 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Approval of special purpose QACs
s 27(prev s 13A) ins A1996‑35 sch
renum as s 27 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Quality Assurance Committees—term
s 27Ains A2011‑11 s 6
Quality assurance committees—criteria for approval
s 28(prev s 14) am A1994‑38 sch 1 pt 44; A1998‑50 s 16
renum as s 28 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Quality assurance committees—revocation of approval
s 29(prev s 15) renum as s 29 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Quality assurance committees—functions
s 30(prev s 16) renum as s 30 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Meaning of abortion for pt 6
s 30Arenum as s 80
Only doctor may carry out abortion
s 30Brenum as s 81
Abortion to be carried out in approved medical facility
s 30Crenum as s 82
Approval of facilities
s 30Drenum as s 83
No obligation to carry out abortion
s 30Erenum as s 84
Quality assurance committees—appointment of members
s 31(prev s 19A) ins A1996‑35 sch
renum as s 31 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
am A2011‑22 amdt 1.238
Quality assurance committees—disclosure of interests
s 32(prev s 19) am A1994‑38 sch 1 pt 44; A1994‑60 sch 1
sub A1998‑50 s 17
renum as s 32 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Quality assurance committees—procedure
s 33(prev s 20) am A1994‑38 sch 1 pt 44; A1994‑60 sch 1
sub A1998‑50 s 17
renum as s 33 R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6
Definitions for pt 7
s 33Arenum as s 100
Service contracts
s 33Brenum as s 101
Core conditions
s 33Crenum as s 102
Collective negotiations
s 33Drenum as s 103
Negotiating agents
s 33Erenum as s 104
Authorised representatives
s 33Frenum as s 105
Arbitration
s 33Grenum as s 106
Trade Practices Act authorisation
s 33Hrenum as s 107
Quality assurance committees—protection of members etc from liability
s 34(prev s 21) ins A1994‑23 s 5
renum as s 34 R4 LA (see A2001‑56 amdt 1.36)
om A2006‑27 amdt 1.25
ins A2006‑27 s 6
Quality assurance committees—obtaining information
s 35orig s 35
renum as s 191
pres s 35
ins A2006‑27 s 6
Assessment and evaluation of health services
div 4.3 hdgins A2006‑27 s 6
Assessment and evaluation of health services
s 36orig s 36
renum as s 192
pres s 36
ins A2006‑27 s 6
Approval of quality assurance activities
s 37orig s 37
renum as s 193
pres s 37
ins A2006‑27 s 6
Approved forms
s 37Arenum as s 194
Regulations about nurse practitioners
s 37Brenum as s 195
Preparing health service reports
s 38orig s 38
renum as s 196
pres s 38
ins A2006‑27 s 6
Extraordinary reports
s 38Ains A2011‑11 s 7
am A2011‑22 amdt 1.238
Interim reports
s 38Bins A2011‑11 s 7
am A2011‑22 amdt 1.238
Giving health service reports to CEO or director‑general
s 39 hdgam A2011‑22 amdt 1.238
s 39orig s 39
ins A2002‑47 amdt 1.16
exp 31 December 2003 (s 46)
prev s 39
renum as s 240
pres s 39
ins A2006‑27 s 6
am A2011‑22 amdt 1.238
Monitoring implementation of recommendations
s 40orig s 40
ins A2002‑47 amdt 1.16
exp 31 December 2003 (s 46)
prev s 40
renum as s 241
pres s 40
ins A2006‑27 s 6
Quality assurance committees—reporting
div 4.4 hdgins A2006‑27 s 6
Annual quality assurance committee report to Minister
s 41ins A2002‑47 amdt 1.16
exp 31 December 2003 (s 46)
ins A2006‑27 s 6
Other quality assurance committee reports
s 42ins A2002‑47 amdt 1.16
exp 31 December 2003 (s 46)
ins A2006‑27 s 6
Quality assurance committees—information sharing
div 4.5 hdgins A2006‑27 s 6
Quality assurance committees—giving information to the Coroner’s Court
s 43ins A2002‑47 amdt 1.16
exp 31 December 2003 (s 46)
ins A2006‑27 s 6
sub A2011‑11 s 8
Quality assurance committees—giving information to other quality assurance committees
s 44ins A2002‑47 amdt 1.16
exp 31 December 2003 (s 46)
ins A2006‑27 s 6
sub A2011‑11 s 8
Quality assurance committees—giving information to health board and health services commissioner
s 45 hdgam A2010‑10 amdt 2.30
s 45ins A2002‑47 amdt 1.16
exp 31 December 2003 (s 46)
ins A2006‑27 s 6
am A2010‑10 amdt 2.30
sub A2011‑11 s 8
Quality assurance committees—giving information to Minister
s 46ins A2002‑47 amdt 1.16
exp 31 December 2003 (s 46)
ins A2006‑27 s 6
sub A2011‑11 s 8
Quality assurance committees—admissibility of evidence
s 47ins A2006‑27 s 6
Reviewing scope of clinical practice
pt 5 hdgorig pt 5 hdg
om A1996‑35 sch
pres pt 5 hdg
(prev pt 4 hdg) renum as pt 5 hdg R4 LA (see A2001‑56 amdt 1.36)
sub A2006‑27 s 6; A2011‑11 s 9
Definitions—pt 5
s 50ins A2006‑27 s 6
am A2019‑33 s 5
def CEO ins A2006‑27 s 6
def chief executive officer, Calvary ins A2018‑42 amdt 3.49
om A2023‑17 amdt 2.1
def clinical privileges ins A2006‑27 s 6
om A2011‑11 s 10
def clinical privileges report ins A2006‑27 s 6
om A2011‑11 s 10
def clinical privileges review notice ins A2006‑27 s 6
om A2011‑11 s 10
def dentist ins A2006‑27 s 6
om A2019‑33 s 4
def doctor ins A2006‑27 s 6
om A2019‑33 s 4
def eligible midwife ins A2013‑44 amdt 1.2
om A2019‑33 s 4
def hospital ins A2006‑27 s 6
def review ins A2006‑27 s 6
sub A2011‑11 s 11
def scope of clinical practice ins A2011‑11 s 11
am A2013‑44 amdt 1.3; A2019‑33 s 12
def scope of clinical practice executive decision notice ins A2011‑11 s 11
def scope of clinical practice report ins A2011‑11 s 11
What is a scope of clinical practice committee?
s 51ins A2006‑27 s 6
sub A2011‑11 s 12
Who is a practitioner for a health facility?
s 52 hdgsub A2013‑44 amdt 1.4
s 52ins A2006‑27 s 6
am A2013‑44 amdt 1.5
sub A2019‑33 s 6
Who is the CEO of a health facility?
s 53ins A2006‑27 s 6
am A2011‑22 amdt 1.238
What is scope of clinical practice?
s 54ins A2006‑27 s 6
sub A2011‑11 s 13
am A2013‑44 amdt 1.6; A2019‑33 s 12
Meaning of review scope of clinical practice
s 55ins A2006‑27 s 6
sub A2011‑11 s 13
Approval of scope of clinical practice committees
s 56ins A2006‑27 s 6
sub A2011‑11 s 13
Scope of clinical practice committees—criteria for approval
s 57ins A2006‑27 s 6
sub A2011‑11 s 13
Scope of clinical practice committees—revocation of approval
s 58ins A2006‑27 s 6
sub A2011‑11 s 13
Scope of clinical practice committees—functions
s 59ins A2006‑27 s 6
sub A2011‑11 s 13
am A2013‑44 amdt 1.7, amdt 1.8; A2019‑33 s 7, s 12, s 13
Scope of clinical practice committees—appointment of members
s 60ins A2006‑27 s 6
sub A2011‑11 s 13
am A2011‑22 amdt 1.238
Scope of clinical practice committees—disclosure of interests
s 61ins A2006‑27 s 6
sub A2011‑11 s 13
Scope of clinical practice committees—procedure
s 62ins A2006‑27 s 6
sub A2011‑11 s 13
Scope of clinical practice committees—protection of members etc from liability
s 63ins A2006‑27 s 6
sub A2011‑11 s 13
Scope of clinical practice committees—obtaining information
s 64ins A2006‑27 s 6
sub A2011‑11 s 13
Scope of clinical practice committee must give practitioner opportunity to explain
s 65 hdgam A2013‑44 amdt 1.9; A2019‑33 s 12
s 65ins A2006‑27 s 6
sub A2011‑11 s 13
am A2013‑44 amdt 1.9; A2019‑33 s 12
Interim and emergency withdrawal or amendment of scope of clinical practice by committee
s 66ins A2006‑27 s 6
sub A2011‑11 s 13
am A2011‑22 amdt 1.235; A2013‑44 amdt 1.9, amdt 1.10; A2019‑33 s 12, s 13; A2023‑17 amdt 2.2, amdt 2.3
Preparing scope of clinical practice reports
s 67ins A2006‑27 s 6
sub A2011‑11 s 13
am A2013‑44 amdt 1.11; A2019‑33 s 12
Giving scope of clinical practice reports to CEO of health facility and practitioner
s 68 hdgam A2013‑44 amdt 1.11; A2019‑33 s 12
s 68ins A2006‑27 s 6
sub A2011‑11 s 13
am A2013‑44 amdt 1.11; A2019‑33 s 12
CEO may make interim or emergency decision on scope of clinical practice
s 69ins A2006‑27 s 6
sub A2011‑11 s 13
am A2011‑22 amdt 1.238; A2013‑44 amdt 1.11; A2019‑33 s 12; A2023‑17 amdt 2.4; pars renum R44 LA
CEO must make decision on scope of clinical practice report
s 70ins A2006‑27 s 6
am A2008‑37 amdt 1.232
sub A2011‑11 s 13
am A2013‑44 amdt 1.11, amdt 1.12, amdt 3.95; A2019‑33 s 12, s 13
When CEO decision on scope of clinical practice report takes effect
s 71ins A2006‑27 s 6
sub A2011‑11 s 13
am A2013‑44 amdt 1.13; A2019‑33 s 12; A2022‑14 amdt 3.105
CEO may give information about decision to health facility outside ACT
s 72 hdgam A2010‑10 amdt 2.30
s 72ins A2006‑27 s 6
am A2010‑10 amdt 2.30
sub A2011‑11 s 13
am A2013‑44 amdt 1.13; A2019‑33 s 12
Request for information by health facility outside ACT
s 73ins A2006‑27 s 6
sub A2011‑11 s 13
am A2013‑44 amdt 1.13, amdt 1.14; A2019‑33 s 12, s 13
Scope of clinical practice committees—giving information to health board and health services commissioner
s 74ins A2006‑27 s 6
sub A2011‑11 s 13
am A2013‑44 amdt 1.15; A2015‑29 amdts 2.33-2.35; A2019‑33 s 12
Scope of clinical practice committees—admissibility of evidence
s 75ins A2011‑11 s 13
Sharing information with other committees
s 76ins A2011‑11 s 13
Sharing information with 3rd parties
s 77ins A2011‑11 s 13
am A2013‑44 amdt 1.15; A2019‑33 s 12
Complainants to remain anonymous
s 78ins A2011‑11 s 13
am A2013‑44 amdt 1.15, amdt 1.16; A2019‑33 s 8, s 12
Abortions
pt 5A hdgrenum as pt 6 hdg
Abortions
pt 6 hdgorig pt 6 hdg
om A2006‑27 amdt 1.9
pres pt 6 hdg
(prev pt 5A hdg) reloc from Medical Practitioners Act 1930 pt 4B by A2005‑28 amdt 1.70
renum as pt 6 hdg A2006‑27 amdt 1.4
Abortions—generally
div 6.1 hdgins A2015-43 s 4
sub A2018‑37 s 4
Definitions—pt 6
s 80 hdg(prev s 30A hdg) am A2006‑27 amdt 1.5
s 80(prev s 30A) reloc from Medical Practitioners Act 1930 s 55A by A2005‑28 amdt 1.70
renum as s 80 A2006‑27 amdt 1.6
sub A2018‑37 s 4
def abortifacient ins A2018‑37 s 4
def abortion sub A2018‑37 s 4
def approved medical facility ins A2018‑37 s 4
am A2025‑33 s 4
def surgical abortion ins A2018‑37 s 4
Offence—unauthorised supply or administration of abortifacient
s 81(prev s 30B) reloc from Medical Practitioners Act 1930 s 55B by A2005‑28 amdt 1.70
renum as s 81 A2006‑27 amdt 1.6
sub A2018‑37 s 4
am A2024‑30 s 5
Offence—unauthorised surgical abortion
s 82(prev s 30C) reloc from Medical Practitioners Act 1930 s 55C by A2005‑28 amdt 1.70
am A2006‑27 amdt 1.7
renum as s 82 A2006‑27 amdt 1.8
sub A2018‑37 s 4
Surgical abortion to be carried out in approved medical facility
s 83(prev s 30D) reloc from Medical Practitioners Act 1930 s 55D by A2005‑28 amdt 1.70
renum as s 83 A2006‑27 amdt 1.8
am A2011‑3 amdt 3.221
sub A2018‑37 s 4
Approval of facilities
s 84(prev s 30E) reloc from Medical Practitioners Act 1930 s 55E by A2005‑28 amdt 1.70
renum as s 84 A2006‑27 amdt 1.8
sub A2018‑37 s 4
Conscientious objection
s 84Ains A2018‑37 s 4
am A2024‑30 ss 6-8
Patient privacy in protected areas
div 6.2 hdgins A2015-43 s 5
Definitions—div 6.2
s 85ins A2015-43 s 5
am A2018‑37 s 12
def approved medical facility ins A2015-43 s 5
am A2018‑37 s 5
def capture visual data ins A2015-43 s 5
def prohibited behaviour ins A2015-43 s 5
am A2018‑37 ss 6-10
def protected area ins A2015-43 s 5
def protected facility ins A2018‑37 s 11
Declaration of protected area
s 86ins A2015-43 s 5
am A2018‑37 ss 13-15; ss renum R39 LA; A2025‑33 s 5
Prohibited behaviour in or in relation to protected area
s 87ins A2015-43 s 5
am A2018‑37 s 16, s 17
VMO service contracts
pt 7 hdgorig pt 7 hdg
renum as pt 15 hdg
pres pt 7 hdg
(prev pt 6A hdg) ins A2003‑43 s 4
renum as pt 7 hdg A2006‑27 amdt 1.10
Definitions for pt 7
s 100 hdg(prev s 33A hdg) am A2006‑27 amdt 1.11
s 100(prev s 33A) ins A2003‑43 s 4
renum as s 100 A2006‑27 amdt 1.16
def authorised representative ins A2003‑43 s 4
am A2006‑27 amdt 1.12
def core conditions ins A2003‑43 s 4
am A2006‑27 amdt 1.13
def entity ins A2003‑43 s 4
def negotiating agent ins A2003‑43 s 4
am A2006‑27 amdt 1.14
def negotiating period ins A2003‑43 s 4
am A2006‑27 amdt 1.15
def practice corporation ins A2003‑43 s 4
am A2022‑14 amdt 3.106
def service contract ins A2003‑43 s 4
def VMO ins A2003‑43 s 4
Service contracts
s 101(prev s 33B) ins A2003‑43 s 4
renum as s 101 A2006‑27 amdt 1.16
Core conditions
s 102(prev s 33C) ins A2003‑43 s 4
am A2006‑27 amdt 1.17, amdt 1.18
renum as s 102 A2006‑27 amdt 1.19
am A2011‑3 amdt 3.222
Collective negotiations
s 103(prev s 33D) ins A2003‑43 s 4
renum as s 103 A2006‑27 amdt 1.19
am A2013‑44 amdt 3.96
Negotiating agents
s 104(prev s 33E) ins A2003‑43 s 4
am A2005‑62 amdt 3.119
renum as s 104 A2006‑27 amdt 1.19
am A2017‑4 amdt 3.67
Authorised representatives
s 105(prev s 33F) ins A2003‑43 s 4
am A2006‑27 amdts 1.20-1.22
renum as s 105 A2006‑27 amdt 1.23
Arbitration
s 106(prev s 33G) ins A2003‑43 s 4
renum as s 106 A2006‑27 amdt 1.23
am A2011‑3 amdt 3.223; A2013‑19 amdt 1.1; A2017‑7 amdt 1.4
Competition and Consumer Act authorisation
s 107 hdgam A2010‑54 amdt 3.32
s 107(prev s 33H) ins A2003‑43 s 4
renum as s 107 A2006‑27 amdt 1.23
am A2010‑54 amdt 3.33
Secrecy
pt 8 hdgorig pt 8 hdg
ins A2002‑47 amdt 1.16
exp 31 December 2003 (s 46)
prev pt 8 hdg
renum as pt 20 hdg
pres pt 8 hdg
ins A2006‑27 s 7
Definitions—pt 8
s 120ins A2006‑27 s 7
am A2021-12 amdt 3.48
def divulge ins A2006‑27 s 7
def information holder ins A2006‑27 s 7
def protected information ins A2006‑27 s 7
om A2021-12 amdt 3.47
When is information divulged?
s 121ins A2006‑27 s 7
Who is an information holder?
s 122ins A2006‑27 s 7
am A2010‑10 amdt 2.31; A2011‑11 s 14, s 15; A2011‑22 amdt 1.238
What is protected information?
s 123ins A2006‑27 s 7
am A2021-12 amdt 3.49
What is sensitive information?
s 124ins A2006‑27 s 7
am A2011‑11 s 16
Offence—secrecy of protected information
s 125ins A2006‑27 s 7
am A2011‑3 amdt 3.224
Information may be given to Chief Executive Medicare
s 126 hdgsub A2018‑42 amdt 3.50
s 126ins A2006‑27 s 7
am A2018‑42 amdts 3.51-3.53
Offence—provision of health services by non-health practitioners
pt 8A hdgins A2010‑10 amdt 2.32
Provision of regulated health service by person not health practitioner
s 127ins A2010‑10 amdt 2.32
Pharmacists and pharmacy premises
pt 9 hdgorig pt 9 hdg renum as pt 10 hdg
ins A2008‑26 amdt 2.74
sub A2010‑10 amdt 2.33
om A2013‑44 amdt 1.17
Meaning of community pharmacy—pt 9
s 128ins A2010‑10 amdt 2.33
reloc to Public Health Act 1997 s 66U by A2013‑44 amdt 1.18
Complying pharmacy corporation
s 128Ains A2010‑10 amdt 2.33
om A2013‑44 amdt 1.19
Standard of premises
s 128Bins A2010‑10 amdt 2.33
am A2013‑44 amdt 1.20, amdt 1.21
reloc to Public Health Act 1997 s 66W by A2013‑44 amdt 1.22
Restriction on pharmacy premises—supermarkets
s 129ins A2008‑26 amdt 2.74
am A2010‑10 amdt 2.34
reloc to Public Health Act 1997 s 66X by A2013‑44 amdt 1.22
Ownership of pharmacy business
s 129Ains as mod SL2010‑39 mod 1.1
exp 1 July 2012 (see A2010‑10 s 12A (2))
Review of decisions
pt 10 hdg(prev pt 9 hdg) ins A2006‑27 s 7
renum as pt 10 hdg A2008‑26 amdt 2.75
Review of decisions
s 130ins A2006‑27 s 7
am A2008‑37 amdt 1.233; A2011‑11 s 17; A2013‑44 amdt 1.23, amdt 1.24; A2018‑37 s 18; A2019‑33 s 12
Pt 10 obligations—no contracting out
s 131ins A2006‑27 s 7
sub A2013‑44 amdt 1.25
am A2018‑37 s 19; A2019‑33 s 12, s 13
Miscellaneous
pt 15 hdg(prev pt 7 hdg) ins A1994‑23 s 5
renum as pt 15 hdg A2006‑27 amdt 1.24
Protection of practitioner from liability in emergency
s 189 hdgsub A2013‑44 amdt 1.26
am A2019‑33 s 12
s 189ins A2011‑11 s 18
am A2013‑44 amdt 1.27, amdt 1.28; A2019‑33 s 12, s 13
Disclosure of interests by committee members
s 190ins A2006‑27 s 8
am A2011‑11 s 19; A2016‑11 s 7
References to Health and Community Care Service
s 191(prev s 22) ins A1994‑23 s 5
sub A2001‑44 amdt 1.2025
renum as s 35 R4 LA (see A2001‑56 amdt 1.36)
sub A2002‑47 amdt 1.15
renum as s 191 A2006‑27 amdt 1.26
Determination of fees
s 192(prev s 36) ins A2002‑47 amdt 1.15
renum as s 192 A2006‑27 amdt 1.26
am A2011‑3 amdt 3.225; A2021-12 amdt 3.50, amdt 3.51
Payment of fees and interest
s 193(prev s 37) ins A2002‑47 amdt 1.15
renum as s 193 A2006‑27 amdt 1.26
am A2011‑3 amdt 3.226
Approved forms
s 194(prev s 37A) ins A2003‑43 s 5
renum as s 194 A2006‑27 amdt 1.26
am A2011‑3 amdt 3.227
Regulations about nurse practitioners
s 195(prev s 37B) ins A2004‑10 s 4
renum as s 195 A2006‑27 amdt 1.26
om A2018‑42 amdt 1.2
Regulation-making power
s 196(prev s 38) ins A2002‑47 amdt 1.15
renum as s 196 A2006‑27 amdt 1.26
am A2024‑30 s 9
Transitional—Health Professionals Act 2004
pt 20 hdg(prev pt 8 hdg) ins A2004‑39 amdt 1.15
renum as pt 20 hdg A2006‑27 amdt 1.27
exp 9 January 2009 (s 241)
Transitional—definitions in Health (Fees) Determination
s 240 hdg(prev s 39 hdg) sub A2006‑27 amdt 1.28
s 240(prev s 39) ins A2004‑39 amdt 1.15
renum as s 240 A2006‑27 amdt 1.28
exp 9 January 2009 (s 241)
Expiry—pt 20
s 241 hdg(prev s 40 hdg) sub A2006‑27 amdt 1.29
s 241(prev s 40) ins A2004‑39 amdt 1.15
renum as s 241 A2006‑27 amdt 1.29
exp 9 January 2009 (s 241)
Transitional—Health Legislation Amendment Act 2006
pt 21 hdgins A2006‑27 s 9
exp 14 December 2007 (s 243)
Transitional—protection of former members from liability
s 242ins A2006‑27 s 9
exp 14 December 2007 (s 243)
Expiry—pt 21
s 243ins A2006‑27 s 9
am A2007‑16 amdt 3.68
exp 14 December 2007 (s 243)
Approval of facilities—transitional
s 250ins A2006‑46 amdt 2.25
exp 18 November 2006 (s 250 (3) (LA s 88 declaration applies))
Transitional—Health Amendment Act 2011
pt 22 hdgins A2011‑11 s 20
exp 13 April 2012 (s 260)
Definitions—pt 22
s 255ins A2011‑11 s 20
exp 13 April 2012 (s 260)
def clinical privileges committee ins A2011‑11 s 20
exp 13 April 2012 (s 260)
def commencement day ins A2011‑11 s 20
exp 13 April 2012 (s 260)
Transitional—quality assurance committee already appointed
s 256ins A2011‑11 s 20
exp 13 April 2012 (s 260)
Transitional—clinical privileges—review not begun
s 257ins A2011‑11 s 20
exp 13 April 2012 (s 260)
Transitional—clinical privileges—review begun
s 258ins A2011‑11 s 20
exp 13 April 2012 (s 260)
Transitional—clinical privileges committees—admissibility of evidence
s 259ins A2011‑11 s 20
exp 13 April 2012 (s 260)
Expiry—pt 22
s 260ins A2011‑11 s 20
exp 13 April 2012 (s 260)
Transitional—Health (Improving Abortion Access) Amendment Act 2018
pt 23 hdgins A2018‑37 s 20
exp 1 July 2019 (s 263)
Meaning of commencement day—pt 23
s 261ins A2018‑37 s 20
exp 1 July 2019 (s 263)
Existing approvals of medical facilities
s 262ins A2018‑37 s 20
exp 1 July 2019 (s 263)
Expiry—pt 23
s 263ins A2018‑37 s 20
exp 1 July 2019 (s 263)
Dictionary
dictins A2001‑56 amdt 1.35
sub A2006‑27 s 10
am A2008‑37 amdt 1.234, amdt 1.235; A2010‑10 amdt 2.35; A2011‑11 s 21; A2011‑22 amdt 1.236, amdt 1.237; A2013‑44 amdt 3.97, amdt 3.98; A2018‑37 s 21; A2019‑33 s 9
def abortifacient ins A2018‑37 s 22
def abortion ins R17 LA
sub A2018‑37 s 23
def approved committee om A1998‑50 s 5
def approved medical facility ins A2015-43 s 6
sub A2018‑37 s 24
def approved private sector committee ins A1998‑50 s 5
om A2006‑27 s 10
def approved public sector committee ins A1998‑50 s 5
sub A2001‑56 amdt 1.4
am A2003‑41 amdt 1.2
om A2006‑27 s 10
def authorised representative ins A2003‑43 s 6
sub A2006‑27 s 10
def capture visual data ins A2015-43 s 6
def CEO ins A2006‑27 s 10
def chief executive officer, Calvary ins A2011‑11 s 22
sub A2018‑42 amdt 3.54
om A2023‑17 amdt 2.5
def clinical privileges sub A2006‑27 s 10
om A2011‑11 s 23
def clinical privileges committee ins A2006‑27 s 10
om A2011‑11 s 23
def clinical privileges report ins A2006‑27 s 10
om A2011‑11 s 23
def clinical privileges review notice ins A2006‑27 s 10
om A2011‑11 s 23
def community pharmacy ins A2010‑10 amdt 2.36
om A2013‑44 amdt 1.29
def core conditions ins A2003‑43 s 6
sub A2006‑27 s 10
def council ins A2011‑11 s 24
om A2016‑11 s 6
def day hospital ins A2006‑27 s 10
def dental technical work ins A2011‑28 amdt 3.129
def dental technician ins A2011‑28 amdt 3.129
def dentist ins A2006‑27 s 10
sub A2011‑11 s 25
om A2019‑33 s 10
def divulge ins A2006‑27 s 10
def doctor ins A2006‑27 s 10
sub A2011‑11 s 26
om A2019‑33 s 10
def eligible midwife ins A2013‑44 amdt 1.30
sub A2018‑42 amdt 3.55
om A2019‑33 s 10
def engage ins A2006‑27 s 10
def entity ins A2006‑27 s 10
def health board ins A2010‑10 amdt 2.36
sub A2015‑29 amdt 2.36
def health facility am A1996‑35 sch; A2002‑47 amdt 1.17
sub A2006‑27 s 10
def health facility QAC ins A2006‑27 s 10
def health profession board ins A2006‑27 s 10
om A2010‑10 amdt 2.37
def health professional ins A2006‑27 s 10
om A2010‑10 amdt 2.37
def health professional organisation ins A2006‑27 s 10
def health professional organisation QAC ins A2006‑27 s 10
def health service ins A2006‑27 s 10
def health service provider sub A2004‑39 amdt 1.16; A2006‑27 s 10
def health service report ins A2006‑27 s 10
def hospital ins A2006‑27 s 10
sub A2011‑11 s 27
def information holder ins A2006‑27 s 10
def local hospital network ins A2011‑11 s 28
om A2017‑4 amdt 3.68
def ministerial report ins A2006‑27 s 10
def negotiating agent ins A2003‑43 s 6
sub A2006‑27 s 10
def negotiating period ins A2003‑43 s 6
sub A2006‑27 s 10
def practice corporation ins A2003‑43 s 6
sub A2006‑27 s 10
def practitioner ins A2019‑33 s 11
def prescribed body ins A2001‑56 amdt 1.35
om A2006‑27 s 10
def private day hospital facility ins A2001‑56 amdt 1.35
om A2006‑27 s 10
def prohibited behaviour ins A2015-43 s 6
def protected area ins A2015-43 s 6
def protected facility ins A2018‑37 s 25
def protected information ins A2006‑27 s 10
sub A2011‑28 amdt 3.130; A2021-12 amdt 3.52
def quality assurance activities om A2001‑56 amdt 1.5
def quality assurance activity ins A2001‑56 amdt 1.5
om A2006‑27 s 10
def quality assurance committee ins A2006‑27 s 10
def review ins A2006‑27 s 10
sub A2011‑11 s 29
def scope of clinical practice ins A2011‑11 s 24
am A2019‑33 s 12
def scope of clinical practice committee ins A2011‑11 s 24
def scope of clinical practice executive decision notice ins A2011‑11 s 24
def scope of clinical practice report ins A2011‑11 s 24
def sensitive information ins A2006‑27 s 10
def service contract ins A2003‑43 s 6
sub A2006‑27 s 10
def special purpose QAC ins A2006‑27 s 10
am A2018‑42 amdt 3.56
def surgical abortion ins A2018‑37 s 25
def tribunal om A1994‑60 sch 1
def VMO ins A2003‑43 s 6
sub A2006‑27 s 10

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No Amendments to Republication date

1 A1994‑60 28 February 1995

2 A1996‑35 31 January 1998

3 A1998‑54 28 February 1999

4 A2001‑56 19 April 2002

5 A2002‑47 31 December 2002

6 A2003‑43 30 September 2003

7 A2003‑43 9 October 2003

8 A2003‑43 24 December 2003

9 A2004‑10 27 May 2004

10 A2005‑28 7 July 2005

11 A2005‑54 24 November 2005

12* A2005‑62 11 January 2006

13 A2006‑46 18 November 2006

14 A2006‑46 19 November 2006

15 A2006‑46 14 December 2006

16 A2007‑16 11 July 2007

17 A2007‑16 15 December 2007

18 A2008‑37 10 January 2009

19 A2008‑37 2 February 2009

20 A2008‑37 14 February 2009

21* A2010‑10 1 July 2010

22 A2010‑10 12 October 2010

23 A2010‑54 1 January 2011

24 A2011‑3 1 March 2011

25 A2011‑11 13 April 2011

26 A2011‑22 1 July 2011

27 A2011‑28 21 September 2011

28 A2011‑28 14 April 2012

29 A2011‑28 2 July 2012

30 A2013‑19 14 June 2013

31 A2013‑19 2 July 2013

32 A2013-44 25 November 2013

33 A2015‑29 1 December 2015

34 A2016-11 2 March 2016

35 A2016‑11 22 March 2016

36 (RI) A2017‑4 9 March 2017

37 (RI) A2017-7 1 July 2017

38 (RI) A2018‑42 22 November 2018

39 A2018‑42 1 July 2019

40 A2018‑42 2 July 2019

41 A2019‑33 10 October 2019

42 A2021‑12 23 June 2021

43 A2022‑14 24 August 2022

44 A2023‑17 3 July 2023

45 A2024‑30 10 July 2024

Republication No	Amendments to	Republication date
1	A1994‑60	28 February 1995
2	A1996‑35	31 January 1998
3	A1998‑54	28 February 1999
4	A2001‑56	19 April 2002
5	A2002‑47	31 December 2002
6	A2003‑43	30 September 2003
7	A2003‑43	9 October 2003
8	A2003‑43	24 December 2003
9	A2004‑10	27 May 2004
10	A2005‑28	7 July 2005
11	A2005‑54	24 November 2005
12*	A2005‑62	11 January 2006
13	A2006‑46	18 November 2006
14	A2006‑46	19 November 2006
15	A2006‑46	14 December 2006
16	A2007‑16	11 July 2007
17	A2007‑16	15 December 2007
18	A2008‑37	10 January 2009
19	A2008‑37	2 February 2009
20	A2008‑37	14 February 2009
21*	A2010‑10	1 July 2010
22	A2010‑10	12 October 2010
23	A2010‑54	1 January 2011
24	A2011‑3	1 March 2011
25	A2011‑11	13 April 2011
26	A2011‑22	1 July 2011
27	A2011‑28	21 September 2011
28	A2011‑28	14 April 2012
29	A2011‑28	2 July 2012
30	A2013‑19	14 June 2013
31	A2013‑19	2 July 2013
32	A2013-44	25 November 2013
33	A2015‑29	1 December 2015
34	A2016-11	2 March 2016
35	A2016‑11	22 March 2016
36 (RI)	A2017‑4	9 March 2017
37 (RI)	A2017-7	1 July 2017
38 (RI)	A2018‑42	22 November 2018
39	A2018‑42	1 July 2019
40	A2018‑42	2 July 2019
41	A2019‑33	10 October 2019
42	A2021‑12	23 June 2021
43	A2022‑14	24 August 2022
44	A2023‑17	3 July 2023
45	A2024‑30	10 July 2024

Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
Renumbered provisions
This Act was renumbered under the Legislation Act 2001, in R4 (see A2001-56). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R4.