Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 (Qld)

Queensland Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Act No. 14 of 2010

Queensland Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Contents Part 1 1 2 Part 2 3 4 5 6 7 Part 3 8 9 10 11 12 13 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Ambulance Service Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 36L (Definitions for div 5) . . . . . . . . . . . . . . . . . 12 Amendment of s 36M (Disclosure of information—RCA team member or relevant person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Insertion of new s 36NA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 36NA Information about excluded notifiable conduct . . . . . . 14 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Dental Technicians and Dental ProsthetistsRegistrationAct2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 7 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 124 (Notification of certain events to interstate regulatory authorities and other entities) . . . . . . . . . . . . . . . . . . . 16 Insertion of new pt 10, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 4 Transitional provisions for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 241 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 242 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . 17 243 Change of name does not affect legal personality . . . 18

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Contents Part 4 14 15 16 Part 5 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 244 References to Dental Technicians and Dental Prosthetists Board . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Health Practitioner Regulation National LawAct 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A Transitional regulation-making power . . . . . . . . . . . . . Amendment of schedule (Health Practitioner Regulation National Law) .................................. Amendment of Health Practitioners (ProfessionalStandards)Act1999 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (The legislative scheme) . . . . . . . . . . . . . . . . Amendment of s 5 (Relationship with Health Quality andComplaintsCommissionAct) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 1, div 2, hdg (Objects) . . . . . . . . . . . . . . . . . . Amendment of s 6 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 7 (How objects are to be primarily achieved) . . Amendment of s 12 (Delegation of certain powers) . . . . . . . . . . . Omission of pt 2, div 3, sdiv 1A (Preliminary). . . . . . . . . . . . . . . . Amendment of s 18 (Restrictions on membership of panel) . . . . Amendment of s 23 (Appointment of secretary). . . . . . . . . . . . . . Amendment of s 25 (Functions of secretary) . . . . . . . . . . . . . . . . Omission of pt 2, div 4, sdiv 1 (Constitution of tribunal) . . . . . . . . Renumbering of pt 2, div 4, sdiv 2 (Functions of tribunal) . . . . . . Renumbering of pt 2, div 4, sdiv 3 (Assessors) . . . . . . . . . . . . . . Amendment of s 39 (Panels of assessors). . . . . . . . . . . . . . . . . . Amendment of s 40A (Temporary appointment of panel of assessors) .................................... Amendment of s 41 (Disqualification from membership of panel of assessors) ............................... Amendment of s 42 (Procedure for recommending members of panels of assessors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 45 (Vacation of office) . . . . . . . . . . . . . . . . . . . . Amendment of s 73 (Who may be appointed as investigator) . . . Replacement of s 76 (Failure to return identity card) . . . . . . . . . . 76 Failure to return identify card . . . . . . . . . . . . . . . . . . . 18 18 18 19 19 20 20 20 20 21 21 21 21 22 22 22 22 23 23 23 23 23 24 24 25 25 25 25 Page 2 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Contents 39 Amendment of s 98 (Dealing with forfeited things etc.) . . . . . . . . 25 40 Amendment of s 213 (Allocation of matters and constitution of the tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 41 Amendment of s 217 (Compulsory conference). . . . . . . . . . . . . . 26 42 Amendment of s 219 (Procedure for hearing by tribunal). . . . . . . 27 43 Amendment of s 263 (Records to be kept and made publicly available) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 44 Amendment of s 337 (Decisions that may be reviewed) . . . . . . . 28 45 Amendment of s 358 (Who may be appointed as inspector) . . . . 28 46 Amendment of s 361 (Failure to return identity card) . . . . . . . . . . 28 47 Amendment of s 367B (Appointments and authority). . . . . . . . . . 29 48 Amendment of s 367C (Signatures) . . . . . . . . . . . . . . . . . . . . . . . 29 49 Amendment of s 367D (Evidentiary provisions) . . . . . . . . . . . . . . 29 50 Amendment of s 375 (Inspection of code etc.). . . . . . . . . . . . . . . 29 51 Omission of pt 12, div 2A (Provisions about certain registrants) . 30 52 Amendment of s 382 (Board member, executive officer or executive officer (medical) may give chief executive certain information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 53 Amendment of s 386A (Protection of officials from liability) . . . . . 30 54 Amendment of s 392 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 30 55 Insertion of new s 392A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 392A Disclosure to protect health or safety of patients or other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 56 Insertion of new pt 12A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Part 12A Provisions about particular proceedings relating to NRAS registrants Division 1 Preliminary 398A Explanation of pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . 33 398B Definitions for pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 2 Jurisdiction of tribunal 398C Jurisdiction of tribunal conferred by National Law (Queensland) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 398D Jurisdiction of tribunal conferred by this part . . . . . . . 36 398E Exercising jurisdiction concurrently . . . . . . . . . . . . . . 37 Division 3 Applying for review of tribunal review decision, and decisions tribunal may make 398F NRAS registrant may apply for review . . . . . . . . . . . . 37 398G How application is made . . . . . . . . . . . . . . . . . . . . . . 38 2010 Act No. 14 Page 3

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Contents 398H Powers of tribunal on review. . . . . . . . . . . . . . . . . . . . Division 4 Procedures etc. applying to all NRAS disciplinary proceedings Subdivision 1 Preliminary 398I Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 398J Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Constitution of tribunal 398K Constitution of the tribunal . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Assessors 398L Tribunal to be assisted by assessors . . . . . . . . . . . . . 398M Choosing assessors generally . . . . . . . . . . . . . . . . . . 398N Particular persons not eligible to be assessors in an NRAS disciplinary proceeding . . . . . . . . . . . . . . . . . . 398O Requirement about gender balance . . . . . . . . . . . . . . 398P Choosing assessors if specialist and technical issues involved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398Q Function of assessors in compulsory conference . . . 398R Functions and powers of assessors in hearing . . . . . 398S Member may have regard to assessor’s views. . . . . . 398T Procedure if member or assessor unable to take part in hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 4 Hearings 398U Advice to be given by tribunal in a hearing. . . . . . . . . 398V Particular hearings to be held in private . . . . . . . . . . . 398W Tribunal may excuse NRAS registrant from attendance ........................... 398X Tribunal may exclude witnesses from hearing . . . . . . Subdivision 5 Interim orders and evidence etc. 398Y Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398Z Evidence and findings etc. in other proceedings may be received or adopted. . . . . . . . . . . . . . . . . . . . . . . . Division 5 Additional procedures 398ZA Notice of hearing of proceeding for matter referred by national board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398ZB Notice of proceeding for review of reviewable decisions ............................ 398ZC Particular procedures for proceeding for review of reviewable decisions. . . . . . . . . . . . . . . . . . . . . . . . . . 38 39 39 40 40 40 41 41 42 42 43 44 44 45 45 46 46 46 47 47 49 49 Page 4 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Contents 398ZD Notice of proceeding for review of tribunal review decisions .......................... 49 398ZE Particular procedures for proceedings for review of tribunal review decisions . . . . . . . . . . . . . . . . . . . . . . 50 Division 6 Provisions about decisions 398ZF Notice of final decision of tribunal. . . . . . . . . . . . . . . . 50 398ZG Implementation of particular decisions . . . . . . . . . . . . 51 Division 7 Appeals to Court of Appeal from decisions of tribunal 398ZH Purpose of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 398ZI NRAS registrant or national board may appeal to Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 398ZJ Appellant to give notice of appeal to particular persons ............................. 53 398ZK Court’s decision may be tribunal review decision . . . . 53 Division 8 General matters 398ZL Panel of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 398ZM Payment of assessors . . . . . . . . . . . . . . . . . . . . . . . . 54 57 Insertion of new pt 13, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 5 Provisions for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 405L Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 405M Existing professional panels of assessors . . . . . . . . . 56 405N Existing complaints and related proceedings and appeals ........................... 56 405O Existing non-complaint disciplinary matters and related proceedings and appeals . . . . . . . . . . . . . . . . 58 405P Existing QCAT proceedings and existing appeals . . . 61 405Q Investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 405R Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 405S Copy of particular records to be given to national board ............................ 64 405T Particular registrants to give particular notices to national board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 405U Protection of officials from liability . . . . . . . . . . . . . . . 66 405V Penalties to be paid to national board . . . . . . . . . . . . 66 58 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 67 2010 Act No. 14 Page 5

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Contents Part 6 59 60 61 62 63 64 Part 7 65 66 67 68 69 70 71 72 73 74 75 76 Part 8 77 78 79 Amendment of Health Services Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 33 (Disclosure etc. of information) . . . . . . . . . . Insertion of new s 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33A Information about excluded notifiable conduct . . . . . . Amendment of s 38S (Disclosure of information—RCA team member or relevant person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 38TA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38TA Information about excluded notifiable conduct . . . . . . Amendment of Medical Radiation TechnologistsRegistrationAct2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 72 (Meaning of recency of practice requirements) .................................. Insertion of new s 72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72A Meaning of continuing professional development requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 74 (Procedural requirements for applications) . Amendment of s 76 (Inquiries into applications) . . . . . . . . . . . . . Amendment of s 77 (Decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 78 (Recency of practice requirements are not satisfied) .................................... Amendment of s 82 (Procedural requirements for applications) . Amendment of s 85 (When recency of practice conditions take effect) ....................................... Amendment of s 123 (Application of div 4, sdivs 2 and 3) . . . . . . Amendment of sch 1 (Decisions for which information notices must be given) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of NursingAct1992 Act Amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 9, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Transitional provisions for the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 160 Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 71 72 73 73 73 74 74 75 75 75 75 75 76 76 76 77 77 77 77 77 78 78 78 79 Page 6 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Contents Part 9 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 161 Automatic expiry of registration or enrolment instead of cancellation by council . . . . . . . . . . . . . . . . . . . . . . 162 Disclosure of protected documents and protected information to the National Agency . . . . . . . . . . . . . . 163 Disclosure of protected documents and protected information to the Nursing and Midwifery Board . . . . 164 Disclosure of protected documents and protected information to the department . . . . . . . . . . . . . . . . . . Amendment of PharmacistsRegistrationAct2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of ss 4, 5 and 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 8 (Objects of Act). . . . . . . . . . . . . . . . . . . . . . . 8 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 9 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pts 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 4, hdg (Obligations of registrants and other persons) .................................. Omission of pt 4, divs 1 to 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission pt 4, div 6A, hdg (Ownership of pharmacy business). . Amendment of s 139A (Definitions) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 139B (Restriction on who may own pharmacy business) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 139C (Registrant whose registration is suspended or cancelled may own pharmacy business for limited period) ............................... Amendment of s 139D (Person who stops being registrant’s spouse may continue as director or shareholder for limited period) ....................................... Amendment of s 139E (Executor, administrator or trustee of registrant’s estate may own pharmacy business for limited period) ....................................... Amendment of s 139G (Trustee, liquidator, receiver or administrator does not commit offence against s 139B). . . . . . . . Amendment of s 139H (Restriction on number of pharmacy businesses in which a person may have beneficial interest) . . . . Omission of pt 4, div 7, hdg (Other provisions) . . . . . . . . . . . . . . Omission of s 140 (Payment, or acceptance of payment, for referrals prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 80 80 80 81 81 81 81 81 81 82 82 82 82 83 83 83 84 84 85 85 85 86 86 2010 Act No. 14 Page 7

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Contents 99 Amendment of s 141 (Pharmacy business to be carried on under supervision of registrant) . . . . . . . . . . . . . . . . . . . . . . . . . . 86 100 Insertion of new ss 141A and 141B . . . . . . . . . . . . . . . . . . . . . . . 86 141A Notification of change of ownership of a pharmacy business ........................ 86 141B Notification of change of ownership particulars of a pharmacy business . . . . . . . . . . . . . . . . . . . . . . . . . . 87 101 Renumbering of pts 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 102 Replacement of s 145 (Appointments) . . . . . . . . . . . . . . . . . . . . . 88 145 Appointment and qualifications . . . . . . . . . . . . . . . . . 88 103 Amendment of s 146 (Appointment conditions) . . . . . . . . . . . . . . 88 104 Amendment of s 147 (Identity cards) . . . . . . . . . . . . . . . . . . . . . . 88 105 Amendment of s 148 (Failure to return identity card) . . . . . . . . . . 88 106 Amendment of s 167 (Dealing with forfeited things etc.) . . . . . . . 89 107 Amendment of s 176 (Compensation) . . . . . . . . . . . . . . . . . . . . . 89 108 Omission of pt 6, hdg (Reviews by QCAT) . . . . . . . . . . . . . . . . . . 89 109 Replacement of s 181 (Who may apply for a review) . . . . . . . . . . 89 181 Review of decision by QCAT . . . . . . . . . . . . . . . . . . . 89 110 Omission of s 182 (Particular matters relating to powers of QCAT) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 111 Renumbering of pt 7 (Legal proceedings) . . . . . . . . . . . . . . . . . . 90 112 Replacement of ss 187 and 188. . . . . . . . . . . . . . . . . . . . . . . . . . 90 187 Appointments and authority . . . . . . . . . . . . . . . . . . . . 90 188 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 113 Amendment of s 189 (Evidentiary provisions) . . . . . . . . . . . . . . . 90 114 Replacement of s 190 (Indictable and summary offences) . . . . . 91 190 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 115 Omission of ss 191 and 192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 116 Omission of s 195 (Penalties to be paid to board) . . . . . . . . . . . . 91 117 Replacement of pts 8 to 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Part 5 Miscellaneous 198 Protecting officials from liability . . . . . . . . . . . . . . . . . 91 199 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 200 Delegation by chief executive . . . . . . . . . . . . . . . . . . . 92 201 Disclosure of documents or information to the Pharmacy Board of Australia . . . . . . . . . . . . . . . . . . . 92 202 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 93 Page 8 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Contents 118 119 Part 10 120 121 122 Part 11 Division 1 123 Division 2 124 Schedule Part 6 Transitional provisions for the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 203 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 Records relating to pharmacy businesses . . . . . . . . . 205 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 Inspectors appointed under pre-amended Act . . . . . . Insertion of new s 208A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208A Disclosure of documents or information relating to ownership of pharmacy businesses . . . . . . . . . . . . . . Replacement of schs 1 and 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule Dictionary Amendment of Queensland Institute of Medical ResearchAct1945 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 9 (Council may carry out agreements) . . . . . . . Amendment of s 10 (Director and Deputy Director of Institute) . . Repeal and amendment of other Acts Repeals Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of other Acts Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ActsInterpretationAct1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AmbulanceServiceAct1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Births,DeathsandMarriagesRegistrationAct2003 . . . . . . . . . . ChemicalUsage(AgriculturalandVeterinary)ControlAct1988 . Child Protection Act1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CommissionforChildrenandYoungPeopleandChildGuardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corrective Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Law Amendment Act 1945 . . . . . . . . . . . . . . . . . . . . . . . Dangerous Prisoners (Sexual Offenders) Act 2003 . . . . . . . . . . . DentalTechniciansandDentalProsthetistsRegistrationAct2001 ...................................... Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disaster Management Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . 93 94 94 94 94 95 95 97 97 98 98 99 100 100 100 102 102 103 104 104 105 105 106 106 119 119 2010 Act No. 14 Page 9

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Contents Drugs Misuse Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . Explosives Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . Health Act 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HealthPractitioners(ProfessionalStandards)Act1999 . . . . . . . HealthPractitionerRegistrationBoards(Administration)Act1999 ....................................... Health Practitioners (Special Events Exemption) Act 1998 . . . . . Health Quality and Complaints Commission Act 2006. . . . . . . . . Health Services Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . JuryAct1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LawReformAct1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LiquorAct1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MentalHealthAct2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MedicalRadiationTechnologistsRegistrationAct2001. . . . . . . . OccupationalTherapistsRegistrationAct2001 . . . . . . . . . . . . . . PersonalInjuriesProceedingsAct2002. . . . . . . . . . . . . . . . . . . . PolicePowersandResponsibilitiesAct2000 . . . . . . . . . . . . . . . . PoliceServiceAdministrationAct1990 . . . . . . . . . . . . . . . . . . . . ProstitutionAct1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PublicHealthAct2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PublicSafetyPreservationAct1986 . . . . . . . . . . . . . . . . . . . . . . PublicServiceAct2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RadiationSafetyAct1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SpeechPathologistsRegistrationAct2001 . . . . . . . . . . . . . . . . . TransplantationandAnatomyAct1979 . . . . . . . . . . . . . . . . . . . . TransportOperations(RoadUseManagement)Act1995 . . . . . . VictimsofCrimeAssistanceAct2009 . . . . . . . . . . . . . . . . . . . . . WeaponsAct1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Worker’s Compensation and Rehabilitation Act 2003 . . . . . . . . . 121 121 121 122 122 124 125 125 126 130 131 132 132 132 133 134 135 137 138 138 139 140 141 142 143 144 145 147 148 149 150 Page 10 2010 Act No. 14

Queensland Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Act No. 14 of 2010 An Act to provide for the implementation of a national law to establish a national registration and accreditation scheme for health practitioners and to amend the Queensland Institute of Medical Research Act 1945, and the Acts mentioned in the schedule, for particular purposes [Assented to 21 April 2010]

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 . 2 Commencement This Act, other than the following provisions, commences on 1 July 2010— (a) section 118; and (b) parts 8 and 10. Part 2 Amendment of Ambulance Service Act 1991 3 Act amended This part and the schedule amend the Ambulance Service Act1991 . 4 Amendment of s 36L (Definitions for div 5) Section 36L— insert — ‘ excluded notifiable conduct , for a registered health practitioner, means the practitioner has— Page 12 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 5] (a) practised the practitioner’s profession while intoxicated by alcohol or drugs; or (b) practised the practitioner’s profession in a way that constitutes a significant departure from accepted professional standards but not in a way that placed the public at risk of substantial harm; or (c) engaged in sexual misconduct in connection with the practice of the practitioner’s profession. impairment see the HealthPractitionerRegulationNationalLaw (Queensland), section 5. National Agency see the HealthPractitionerRegulationNational Law (Queensland), section 5. public risk notifiable conduct , for a registered health practitioner, means the practitioner has— (a) placed the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or (b) placed the public at risk of substantial harm because the practitioner has practised the profession in a way that constitutes a significant departure from accepted professional standards. registered health practitioner means an individual who— (a) is registered under the HealthPractitionerRegulationNational Law to practise a health profession, other than as a student; or (b) holds non-practising registration under the HealthPractitionerRegulationNationalLaw in a health profession.’. 5 Amendment of s 36M (Disclosure of information—RCA team member or relevant person) Section 36M(1)— insert — 2010 Act No. 14 Page 13

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 6] ‘(d) if the person is a registered health practitioner—notifying the National Agency about information in relation to a reasonable belief of the person that another registered health practitioner has behaved in a way that constitutes public risk notifiable conduct.’. 6 Insertion of new s 36NA After section 36N— insert — ‘36NA Information about excluded notifiable conduct ‘(1) This section applies for the purpose of the Health PractitionerRegulation National Law (Queensland), section 141(4)(d). ‘(2) An RCA team is an approved body under this Act. ‘(3) Subsection (4) applies if— (a) a person is or was a member of an RCA team; and (b) the person is a registered health practitioner; and (c) the person forms a reasonable belief that another registered health practitioner has behaved in a way that constitutes excluded notifiable conduct; and (d) the information that forms the basis of the reasonable belief was acquired while the person was exercising functions as a member of the RCA team. ‘(4) The person must not disclose the information that forms the basis of the reasonable belief.’. 7 Amendment of sch (Dictionary) Schedule— insert— ‘ excluded notifiable conduct , for part 4A, division 5, see section 36L. impairment , for part 4A, division 5, see section 36L. Page 14 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 3 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001 [s 8] National Agency , for part 4A, division 5, see section 36L. public risk notifiable conduct , for part 4A, division 5, see section 36L. registered health practitioner , for part 4A, division 5, see section 36L.’. Part 3 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001 8 Act amended This part and the schedule amend the Dental Technicians andDental Prosthetists Registration Act 2001 . 9 Amendment of long title Long title, ‘and dental prosthetists,’— omit . 10 Amendment of s 1 (Short title) Section 1, ‘ and Dental Prosthetists ’— omit . 11 Amendment of s 7 (Objects of Act) (1) Section 7, ‘professions’— omit, insert— ‘profession’. 2010 Act No. 14 Page 15

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 3 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001 [s 12] (2) Section 7(2)(a), ‘and Dental Prosthetists’— omit . 12 Amendment of s 124 (Notification of certain events to interstate regulatory authorities and other entities) (1) Section 124(2), after ‘event to’— insert — ‘the National Agency and’. (2) Section 124(3)(b), ‘State’— omit . (3) Section 124(3)(g), ‘the Health Insurance Commission’— omit, insert— ‘Medicare Australia’. (4) Section 124(6), definition state regulatory authorities — omit . (5) Section 124(6)— insert— ‘ National Agency see Health Practitioner Regulation NationalLaw (Queensland), section 5. regulatory authorities means boards established under the health practitioner registration Acts.’. Page 16 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 3 Amendment of Dental Technicians and Dental Prosthetists Registration Act 2001 [s 13] 13 Insertion of new pt 10, div 4 Part 10— insert — ‘Division 4 Transitional provisions for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 ‘241 Definitions for div 4 ‘In this division— commencement means commencement of this section. pre-amended Act means this Act as in force from time to time before the commencement. ‘242 Membership of board ‘(1) From the commencement, the board consists of the existing members. ‘(2) If an existing member was nominated under the pre-amended Act, section 16(b), the existing member holds office as a member until 1 July 2010 unless his or her membership ends earlier under this Act. ‘(3) This section has effect despite sections 15 to 18 and 20. ‘(4) In this section— existing member means a person who, immediately before the commencement, held office as a member of the former board. former board means the Dental Technicians and Dental Prosthetists Board of Queensland under the pre-amended Act. 2010 Act No. 14 Page 17

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 4 Amendment of Health Practitioner Regulation National Law Act 2009 [s 14] ‘243 Change of name does not affect legal personality ‘(1) The change of name of the board from the ‘Dental Technicians and Dental Prosthetists Board of Queensland’ to the ‘Dental Technicians Board of Queensland’ does not— (a) affect the board’s legal personality or identity; or (b) affect a right, entitlement, benefit or liability of the board or anyone else; or (c) make legal proceedings by or against the board defective. ‘(2) In addition, but without limiting subsection (1), a legal proceeding that could have been started or continued by or against the board under its former name may be started or continued by or against it under its new name. ‘244 References to Dental Technicians and Dental Prosthetists Board ‘A reference in an Act or document to the Dental Technicians and Dental Prosthetists Board of Queensland may, if the context permits, be taken as a reference to the Dental Technicians Board of Queensland.’. Part 4 Amendment of HealthPractitioner RegulationNational Law Act 2009 14 Act amended This part amends the Health Practitioner Regulation NationalLaw Act 2009 . 15 Insertion of new s 9A After section 9— Page 18 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 4 Amendment of Health Practitioner Regulation National Law Act 2009 [s 16] insert— ‘9A Transitional regulation-making power ‘(1) A regulation (a transitional regulation ) may make provision about a matter for which— (a) it is necessary to make provision to allow or facilitate the change from the operation of a law of the State relating to health practitioners to the operation of the Health Practitioner Regulation National Law; and (b) this Act does not make provision or sufficient provision. Example for paragraph (a) — A transitional regulation may provide for a National Board for a health profession to continue and decide an application under the RighttoInformation Act 2009 that was made to an abolished local registration authority. ‘(2) A transitional regulation may have retrospective operation to a day not earlier than the day this section commences. ‘(3) A transitional regulation must declare it is a transitional regulation. ‘(4) This section and any transitional regulation expires on 30 June 2013.’. 16 Amendment of schedule (Health Practitioner Regulation National Law) Schedule, section 150(5), ‘, conciliation or other action’— omit, insert— ‘or other action, other than conciliation,’. 2010 Act No. 14 Page 19

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 17] Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 17 Act amended This part and the schedule amends the HealthPractitioners(Professional Standards) Act 1999 . 18 Amendment of long title Long title, after ‘registrants,’— insert— ‘ to provide for particular matters about tribunal proceedings and appeals relating to NRAS registrants, ’. 19 Amendment of s 4 (The legislative scheme) (1) Section 4, from ‘This Act’ to ‘2 006 ’— omit, insert— ‘This Act, other than part 12A, is part of a legislative scheme consisting of this Act, the health practitioner registration Acts’ . (2) Section 4— insert— ‘(2) Part 12A is part of a legislative scheme consisting of part 12A and the HealthPractitionerRegulationNationalLaw(Queensland) . ’. 20 Amendment of s 5 (Relationship with Health Quality andComplaints Commission Act) Section 5, after ‘This Act’— Page 20 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 21] insert— ‘, other than part 12A,’. 21 Replacement of pt 1, div 2, hdg (Objects) Part 1, division 2, heading— omit, insert— ‘Division 2 Main objects of this Act ’. 22 Amendment of s 6 (Objects of Act) (1) Section 6, heading, ‘Objects’— omit, insert— ‘ Main objects ’. (2) Section 6, after ‘The’— insert— ‘main’. 23 Amendment of s 7 (How objects are to be primarily achieved) (1) Section 7, heading, ‘objects’— omit, insert— ‘ main objects of this Act ’. (2) Section 7, ‘objects’— omit, insert— ‘main objects of this Act’. 24 Amendment of s 12 (Delegation of certain powers) (1) Section 12(2), ‘, other than the medical board,’— omit. 2010 Act No. 14 Page 21

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 25] (2) Section 12(3)— omit. (3) Section 12(4), second definition appropriately qualified — omit. (4) Section 12(4)— renumber as section 12(3). 25 Omission of pt 2, div 3, sdiv 1A (Preliminary) Part 2, division 3, subdivision 1A— omit. 26 Amendment of s 18 (Restrictions on membership of panel) Section 18(1A)— omit. 27 Amendment of s 23 (Appointment of secretary) (1) Section 23(2)(a), after ‘board’— insert— ‘or national board’. (2) Section 23(2)(c), ‘office (medical)’— omit, insert— ‘National Agency’. 28 Amendment of s 25 (Functions of secretary) Section 25(g), ‘or executive officer (medical)’— omit. Page 22 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 29] 29 Omission of pt 2, div 4, sdiv 1 (Constitution of tribunal) Part 2, division 4, subdivision 1— omit. 30 Renumbering of pt 2, div 4, sdiv 2 (Functions of tribunal) Part 2, division 4, subdivision 2— renumber as part 2, division 4, subdivision 1. 31 Renumbering of pt 2, div 4, sdiv 3 (Assessors) Part 2, division 4, subdivision 3— renumber as part 2, division 4, subdivision 2. 32 Amendment of s 39 (Panels of assessors) Section 39(b)(i) to (xiii)— omit, insert— ‘(i) a dental technicians panel of assessors; (ii) a medical radiation technologists panel of assessors; (iii) an occupational therapists panel of assessors; (iv) a speech pathologists panel of assessors.’. 33 Amendment of s 40A (Temporary appointment of panel of assessors) Section 40A(1)(a) and (b), after ‘secretary or’— insert— ‘principal’. 2010 Act No. 14 Page 23

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 34] 34 Amendment of s 41 (Disqualification from membership of panel of assessors) (1) Section 41(a)(iii), from ‘under’— omit, insert— ‘under— (A) the law of another State or a foreign country that corresponds to a health practitioner registration Act; or (B) the National Law or a law of a foreign country that corresponds to the National Law; or’. (2) Section 41(b)(iii), after ‘another State’— insert— ‘, other than under the National Law,’. (3) Section 41— insert— ‘(2) In this section— board includes a national board. registrant includes an NRAS registrant. registrant’s board , in relation to an NRAS registrant, means the NRAS registrant’s board. registration , in relation to an NRAS registrant, means registration under the National Law.’. 35 Amendment of s 42 (Procedure for recommending members of panels of assessors) (1) Section 42(1)(b), ‘section 41(a)’— omit, insert— ‘section 41(1)(a)’. (2) Section 42(2)(e), ‘section 41(b)’— Page 24 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 36] omit, insert— ‘section 41(1)(b)’. 36 Amendment of s 45 (Vacation of office) Section 45(2)(b), example, after ‘this Act’— insert— ‘or the National Law’. 37 Amendment of s 73 (Who may be appointed as investigator) Section 73(b) and (c)— omit, insert— ‘(b) the executive officer; (c) if the executive officer agrees—a member of the office’s staff the board considers has the necessary expertise or experience to be an investigator;’. 38 Replacement of s 76 (Failure to return identity card) Section 76— omit, insert— ‘76 Failure to return identify card ‘A person who ceases to be an investigator must give the person’s identity card to the executive officer within 7 days after the person ceases to be an investigator, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.’. 39 Amendment of s 98 (Dealing with forfeited things etc.) (1) Section 98(1), from ‘by’— omit, insert— 2010 Act No. 14 Page 25

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 40] ‘by the executive officer as the executive officer considers appropriate.’. (2) Section 98(2), ‘or executive officer (medical)’— omit. 40 Amendment of s 213 (Allocation of matters and constitution of the tribunal) (1) Section 213(2), ‘a’— omit, insert— ‘1’. (2) Section 213(3)— omit. 41 Amendment of s 217 (Compulsory conference) (1) Section 217(1), ‘holds’— omit, insert — ‘directs the parties to a disciplinary proceeding to attend’. (2) Section 217— insert— ‘(3) At the end of the compulsory conference, the person presiding over the conference must advise the parties to the proceeding of their rights to object to an assessor who took part in the conference assisting the tribunal in a hearing of the proceeding. ‘(4) A party may object to an assessor who took part in the compulsory conference assisting the tribunal in a hearing of the proceeding. ‘(5) An objection under subsection (4), must be filed in the QCAT registry— (a) within 2 business days after the compulsory conference ends; or Page 26 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 42] (b) if the hearing of the proceeding is to start before the end of the period mentioned in paragraph (a), before the start of the hearing. ‘(6) An assessor who took part in the compulsory conference— (a) may disqualify himself or herself from assisting the tribunal in a hearing of the proceeding, whether or not an objection is filed; and (b) must not assist the tribunal in a hearing of the proceeding if a party objects to the person assisting the tribunal in a hearing of the proceeding.’. 42 Amendment of s 219 (Procedure for hearing by tribunal) Section 219(a)(iii)— omit. 43 Amendment of s 263 (Records to be kept and made publicly available) (1) Section 263(1)(a), ‘, other than the medical board’— omit. (2) Section 263(1)(b)— omit. (3) Section 263(1)(c) and (d)— renumber as section 263(1)(b) and (c). (4) Section 263(3), from ‘subsection (1)’— omit, insert— ‘subsection (1) to the executive officer within 7 days after notice of the decision is given to the registrant to whom the disciplinary proceedings related.’. (5) Section 263(4) and (6), ‘or executive officer (medical)’— omit. 2010 Act No. 14 Page 27

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 44] (6) Section 263(6)(a), ‘or office (medical)’— omit. (7) Section 263(7)(a), ‘or executive officer (medical)’— omit. 44 Amendment of s 337 (Decisions that may be reviewed) (1) Section 337(e), ‘section 336’— omit, insert— ‘section 331’. (2) Section 337(f), ‘section 353(2)’— omit, insert— ‘section 353(1)’. 45 Amendment of s 358 (Who may be appointed as inspector) Section 358(1)(b) and (c)— omit, insert— ‘(b) the executive officer; (c) if the executive officer agrees—a member of the office’s staff the board considers has the necessary expertise or experience to be an inspector;’. 46 Amendment of s 361 (Failure to return identity card) Section 361(a) to (c)— omit, insert— ‘(a) if the person is the secretary—to the chief executive within 7 days after the person ceases to be the secretary, unless the person has a reasonable excuse; or Page 28 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 47] (b) otherwise—to the executive officer within 7 days after the person ceases to be an inspector, unless the person has a reasonable excuse.’. 47 Amendment of s 367B (Appointments and authority) (1) Section 367B(2), definition relevant person, paragraph (g)— omit. (2) Section 367B(2), definition relevant person , paragraphs (h) to (k)— renumber as paragraphs (g) to (j). 48 Amendment of s 367C (Signatures) Section 367C, from ‘officer,’ to ‘(medical) is’— omit, insert— ‘officer or a member of the staff of the office is’. 49 Amendment of s 367D (Evidentiary provisions) Section 367D(1), ‘or executive officer (medical)’— omit. 50 Amendment of s 375 (Inspection of code etc.) (1) Section 375(1)— omit. (2) Section 375(2), ‘, other than the medical board,’— omit. (3) Section 375(2) and (3)— renumber as section 375(1) and (2). 2010 Act No. 14 Page 29

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 51] 51 Omission of pt 12, div 2A (Provisions about certain registrants) Part 12, division 2A— omit. 52 Amendment of s 382 (Board member, executive officer or executive officer (medical) may give chief executive certain information) (1) Section 382, heading, from ‘, executive’ to ‘(medical)’— omit, insert— ‘ or executive officer ’. (2) Section 382(1), ‘or executive officer (medical)’— omit. (3) Section 382(2), from ‘, executive’ to ‘(medical)’— omit, insert— ‘or executive officer’. 53 Amendment of s 386A (Protection of officials from liability) (1) Section 386A(2)(f)— omit. (2) Section 386A(3), definition official , paragraph (g), ‘or executive officer (medical)’— omit. 54 Amendment of s 392 (Confidentiality) (1) Section 392— insert— ‘(1A) However, this section applies to an NRAS relevant person only in relation to information that is not protected Page 30 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 54] information within the meaning of the National Law (Queensland), section 214. Note — See the National Law (Queensland), part 10, division 2 for maintaining confidentiality of protected information within the meaning of section 214 of that Law.’. (2) Section 392(3)(a), ‘or a health’ to ‘registration Act’— omit, insert— ‘, a health practitioner registration Act or the National Law’. (3) Section 392(3)(b), after ‘disciplinary body’— insert— ‘or an NRAS disciplinary body’. (4) Section 392(3)(c)— omit. (5) Section 392(3)(e), ‘this Act or another Act’— insert— ‘an Act or the National Law’. (6) Section 392(3)(i), from ‘disciplinary’ to ‘the tribunal’— omit, insert— ‘tribunal proceedings under part 9 or 12A’. (7) Section 392(3)(j), after ‘a board’s’— insert— ‘or national board’s’. (8) Section 392(3)(k), ‘paragraph (l)‘— omit, insert— ‘paragraph (k)’. (9) Section 392(3)(d) to (l)— renumber as section 392(3)(c) to (k). (10) Section 392(4), from ‘subsection (3)(j)’ to ‘registrant’— 2010 Act No. 14 Page 31

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 54] omit, insert— ‘subsection (3)(k) about a matter concerning a registrant or NRAS registrant’. (11) Section 392(5), definition relevant person, paragraph (a), after board— insert— ‘or former board’. (12) Section 392(5), definition relevant person, paragraph (j)— omit, insert— ‘(j) the former executive officer (medical) or a member of the staff of the former office (medical); or’. (13) Section 392(5)— insert— ‘ assessor includes a person chosen, under part 12A, division 4, subdivision 3, by the principal registrar from a panel of assessors mentioned in section 398ZL to assist the tribunal in proceedings under part 12A. former executive officer (medical) means the executive officer appointed under the repealed MedicalBoard(Administration) Act 2006 before its repeal. former office (medical) means the Office of the Medical Board of Queensland that was established under the repealed Medical Board (Administration) Act 2006 before its repeal. NRAS relevant person means a relevant person carrying out functions under part 12A. panel of assessors includes a professional panel of assessors mentioned in section 398ZL. registrant’s board , in relation to an NRAS registrant, means the NRAS registrant’s board.’. Page 32 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 55] 55 Insertion of new s 392A After section 392— insert — ‘392A Disclosure to protect health or safety of patients or other persons ‘(1) This section applies if a board reasonably believes that— (a) a registered health practitioner poses, or may pose, a risk to public health; or (b) the health or safety of a patient or a class of patients is or may be at risk because of a registered health practitioner’s practice as a health practitioner. ‘(2) The board may give written notice of the risk and any relevant information about the registered health practitioner to an entity of the Commonwealth or of a State that the board considers may be required to take action in relation to the risk.’. 56 Insertion of new pt 12A After section 398— insert— ‘Part 12A Provisions about particular proceedings relating to NRAS registrants ‘Division 1 Preliminary ‘398A Explanation of pt 12A ‘(1) This part provides for particular matters about particular tribunal proceedings relating to an NRAS registrant. 2010 Act No. 14 Page 33

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] ‘(2) The National Law (Queensland) provides for proceedings relating to an NRAS registrant to be brought before the tribunal. Note — See the National Law (Queensland), sections 193 and 199. ‘(3) Section 398D also provides for proceedings relating to an NRAS registrant to be brought before the tribunal. ‘(4) This part also provides for particular matters about appeals to the Court of Appeal against decisions of the tribunal in proceedings mentioned in subsection (2) or (3). ‘398B Definitions for pt 12A ‘In this part— assessor means a person chosen, under division 4, subdivision 3, by the principal registrar from a panel of assessors to assist the tribunal. health, conduct or performance action has the meaning it has under the National Law (Queensland). notification means notification under the National Law. notifier means a person who makes a notification to the National Agency under the National Law. NRAS disciplinary matter means— (a) a matter referred to the tribunal under the National Law (Queensland), section 193; or (b) a review of a reviewable decision under the National Law (Queensland), part 8, division 13; or (c) a review of a tribunal review decision under division 3. NRAS disciplinary proceeding means a proceeding before the tribunal for an NRAS disciplinary matter. panel of assessors means a panel of assessors mentioned in section 398ZL. Page 34 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] professional panel of assessors means a panel of assessors mentioned in section 398ZL(2). reviewable decision means a decision mentioned in the National Law (Queensland), section 199(1) that is made under part 8 of that Law. tribunal review decision see section 398D(1). ‘Division 2 Jurisdiction of tribunal ‘398C Jurisdiction of tribunal conferred by National Law (Queensland) ‘(1) Under the National Law (Queensland), the tribunal is given jurisdiction— (a) to hear matters referred by a national board under the National Law (Queensland), section 193; and (b) to review reviewable decisions under the National Law (Queensland), section 199. Notes — 1 The National Law (Queensland), section 199 refers to appeals against decisions mentioned in it. However, references to appeals in the National Law (Queensland) are taken to be references to reviews. See the Health Practitioner RegulationNational Law Act 2009 , section 9. 2 The National Law (Queensland), section 199 also confers jurisdiction on the tribunal to review other decisions. ‘(2) For the QCAT Act, this part is taken to be an enabling Act that confers the jurisdiction mentioned in subsection (1) on the tribunal. ‘(3) Subsection (2) applies even though it is the National Law (Queensland) that confers the jurisdiction on the tribunal and, on that basis, is also an enabling Act for the QCAT Act. 2010 Act No. 14 Page 35

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] ‘398D Jurisdiction of tribunal conferred by this part ‘(1) The tribunal has jurisdiction to review, in its original jurisdiction, each of the following decisions (each a tribunal review decision ) of the tribunal— (a) a decision under the National Law (Queensland), section 196(1)(b)(iv) that an NRAS registered health practitioner has an impairment within the meaning of that Law; (b) a decision under the National Law (Queensland), section 196(2)(b) to impose a condition on an NRAS registered health practitioner’s registration under that Law; (c) a decision under the National Law (Queensland), section 197(1)(a) that an NRAS student has an impairment within the meaning of that Law; (d) a decision under the National Law (Queensland), section 197(2)(a) to impose a condition on an NRAS student’s registration under that Law; (e) a decision under the National Law (Queensland), section 202 to confirm, amend or substitute a reviewable decision; (f) a decision under division 3 if the decision is of a type mentioned in paragraph (a) to (e). ‘(2) The tribunal also has jurisdiction to review, in its original jurisdiction, a decision that is a tribunal review decision under section 398ZK(1). ‘(3) If the tribunal makes a decision mentioned in subsection (1) in relation to an NRAS registrant, the tribunal must state a period, not more than 3 years from the day the decision takes effect, within which the registrant may not apply for a review of the decision under division 3. Note — See section 398ZK(2) in relation to the period within which the registrant may not apply, under division 3, for a review of a decision mentioned in subsection (2). Page 36 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] ‘398E Exercising jurisdiction concurrently ‘(1) The tribunal may start or continue an NRAS disciplinary proceeding relating to an NRAS registrant despite a proceeding before any court or another tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise. ‘(2) The tribunal may deal with more than 1 NRAS disciplinary matter relating to the same NRAS registrant in the same NRAS disciplinary proceeding. ‘(3) If, during an NRAS disciplinary proceeding, it appears to the tribunal that another NRAS disciplinary matter relating to the NRAS registrant exists in addition to the matter the subject of the proceeding, the tribunal may deal with it in the same proceeding. ‘(4) If the tribunal decides to deal with an additional NRAS disciplinary matter under subsection (3), the tribunal— (a) if the NRAS registrant agrees—may continue with the NRAS disciplinary proceeding or adjourn the proceeding for a particular period; or (b) otherwise—must adjourn the NRAS disciplinary proceeding for the period it considers fair in the circumstances before continuing with the proceeding. ‘Division 3 Applying for review of tribunal review decision, and decisions tribunal may make ‘398F NRAS registrant may apply for review ‘(1) The NRAS registrant to whom a tribunal review decision relates may have the decision reviewed by the tribunal. ‘(2) However, the NRAS registrant may not have the decision reviewed by the tribunal— (a) during the following period— 2010 Act No. 14 Page 37

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] (i) for a decision mentioned in section 398D(1)—the period stated by the tribunal under section 398D(3); or (ii) for a decision the Court of Appeal decides is a tribunal review decision under section 398ZK(1)—the period stated in the Court of Appeal’s decision under section 398ZK(2); or (b) while an appeal to the Court of Appeal against the decision is pending. ‘398G How application is made ‘An application for the review of a tribunal review decision must— (a) be made as provided under the QCAT Act; and (b) state— (i) that the NRAS registrant believes the decision is no longer appropriate; and (ii) the reasons for the NRAS registrant’s belief. ‘398H Powers of tribunal on review ‘(1) After reviewing a tribunal review decision, the tribunal must decide— (a) to confirm the tribunal review decision; or (b) to set aside the tribunal review decision; or (c) to change the tribunal review decision in the way the tribunal considers appropriate; or (d) to set aside the tribunal review decision and replace it with another decision. ‘(2) For subsection (1)(c) or (d), the tribunal may only make a decision it could have made— (a) at the time the tribunal review decision was made; or Page 38 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] (b) for a tribunal review decision the Court of Appeal decides is a tribunal review decision under section 398ZK(1)—at the time the tribunal’s decision the subject of the appeal before the court was made. ‘Division 4 Procedures etc. applying to all NRAS disciplinary proceedings ‘Subdivision 1 Preliminary ‘398I Application of div 4 ‘This division applies to an NRAS disciplinary proceeding. ‘398J Definition for div 4 ‘In this division— relevant decision-making provision means— (a) for a proceeding for a matter about an NRAS registered health practitioner referred by a national board under the National Law (Queensland), section 193—the National Law (Queensland), section 196; or (b) for a proceeding for a matter about an NRAS student referred by a national board under the National Law (Queensland), section 193—the National Law (Queensland), section 197; or (c) for a proceeding for the review of a reviewable decision—the National Law (Queensland), section 202; or (d) for a proceeding for the review of a tribunal review decision—section 398H. 2010 Act No. 14 Page 39

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] ‘Subdivision 2 Constitution of tribunal ‘398K Constitution of the tribunal ‘The tribunal must be constituted by 1 judicial member. ‘Subdivision 3 Assessors ‘398L Tribunal to be assisted by assessors ‘(1) In conducting a hearing of an NRAS disciplinary proceeding relating to an NRAS registrant, the tribunal must be assisted by— (a) 1 assessor chosen by the principal registrar from the public panel of assessors; and (b) 2 assessors chosen by the principal registrar from— (i) the professional panel of assessors for the NRAS registrant’s profession; or (ii) if the NRAS registrant is registered in more than 1 profession—the panel of assessors for the profession to which the NRAS disciplinary matter the subject of the proceeding relates. ‘(2) Despite subsection (1), the tribunal may conduct a hearing of an NRAS disciplinary proceeding without the assistance of assessors if the tribunal is satisfied it is necessary because of the urgency of the matter. ‘398M Choosing assessors generally ‘(1) As soon as practicable after the relevant document for an NRAS disciplinary proceeding is filed in the QCAT registry, the principal registrar must choose assessors to assist the tribunal in a hearing of the proceeding. ‘(2) In this section— Page 40 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] relevant document , for an NRAS disciplinary proceeding, means— (a) for a proceeding for a matter referred by a national board under the National Law (Queensland), section 193—the document referring the matter to the tribunal; or (b) for a proceeding for the review of a reviewable decision—the application for the review; or (c) for a proceeding for the review of a tribunal review decision—the application for the review. ‘398N Particular persons not eligible to be assessors in an NRAS disciplinary proceeding ‘(1) A person is not eligible to be an assessor for a hearing of an NRAS disciplinary proceeding if the person was a member of a national panel that made a decision relating to the NRAS disciplinary matter being heard, including, for example, a decision under the National Law (Queensland), section 190 requiring the national board that established the panel to refer the matter to the tribunal. ‘(2) Before choosing an assessor to assist the tribunal in a hearing of an NRAS disciplinary proceeding, the principal registrar must be satisfied the assessor does not have a personal or professional connection with the NRAS registrant to whom the proceeding relates that may prejudice the way in which the assessor performs the assessor’s functions in the hearing. ‘398O Requirement about gender balance ‘(1) This section applies if— (a) an NRAS disciplinary proceeding before the tribunal relates to a notification to a national board made by a user of a service provided by an NRAS registrant, or an entity acting on behalf of a user of a service provided by an NRAS registrant; and 2010 Act No. 14 Page 41

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] (b) the constituting member is not the same gender as the user. ‘(2) However, this section does not apply if the notification is a complaint accepted by a former board under section 50(2) before the commencement of this section. Note — Under the National Law (Queensland), sections 288 and 289, complaints made to a former board under this Act before the commencement are taken to be notifications made to a national board. ‘(3) In choosing assessors to assist the tribunal in the hearing of the NRAS disciplinary proceeding, the principal registrar must ensure at least 1 of the assessors is the same gender as the user. ‘398P Choosing assessors if specialist and technical issues involved ‘(1) A national board that refers a matter to the tribunal under the National Law (Queensland), section 193 must, at the time of the referral— (a) advise the principal registrar whether the matter is likely to raise issues of a specialist or technical nature; and (b) if the matter is likely to raise issues of a specialist or technical nature, advise the principal registrar of the desirable professional background or skills of the assessors to be chosen from the professional panel of assessors. ‘(2) The principal registrar must have regard to the national board’s advice under subsection (1) when choosing the assessors to assist the tribunal in the hearing of the NRAS disciplinary proceeding for the matter. ‘398Q Function of assessors in compulsory conference ‘(1) This section applies if the tribunal directs the parties to an NRAS disciplinary proceeding to attend a compulsory conference under the QCAT Act. Page 42 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] ‘(2) The assessors who are to assist the tribunal in a hearing of the proceeding may take part in the compulsory conference if the tribunal considers it is necessary or desirable for them to take part in the conference. ‘(3) At the end of the compulsory conference, the person presiding over the conference must advise the parties to the proceeding of their rights to object to an assessor who took part in the conference assisting the tribunal in a hearing of the proceeding. ‘(4) A party may object to an assessor who took part in the compulsory conference assisting the tribunal in a hearing of the proceeding. ‘(5) An objection under subsection (4), must be filed in the QCAT registry— (a) within 2 business days after the compulsory conference ends; or (b) if the hearing of the proceeding is to start before the end of the period mentioned in paragraph (a), before the start of the hearing. ‘(6) An assessor who took part in the compulsory conference— (a) may disqualify himself or herself from assisting the tribunal in a hearing of the proceeding, whether or not an objection is filed; and (b) must not assist the tribunal in a hearing of the proceeding if a party objects to the person assisting the tribunal in a hearing of the proceeding. ‘398R Functions and powers of assessors in hearing ‘(1) The function of an assessor in a hearing of an NRAS disciplinary proceeding is to advise the tribunal about questions of fact arising during the hearing of the proceeding. ‘(2) To enable an assessor to perform the assessor’s function, the assessor may, during the hearing— (a) ask questions of a witness before the tribunal; and 2010 Act No. 14 Page 43

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] (b) discuss any question of fact with a lawyer or other person appearing for a party at the hearing. ‘398S Member may have regard to assessor’s views ‘In deciding a question of fact before the tribunal in an NRAS disciplinary proceeding, the constituting member may have regard to the views of an assessor assisting the tribunal in the hearing of the proceeding as the member considers appropriate. ‘398T Procedure if member or assessor unable to take part in hearing ‘(1) This section applies if the tribunal has started to hear an NRAS disciplinary proceeding relating to an NRAS registrant but has not made its final decision and— (a) the constituting member (the first member ) ceases to be qualified to be a tribunal member or, for any other reason, is unable to take further part in the hearing; or (b) an assessor assisting the tribunal in the hearing is, for any reason, unable to take further part in the hearing. ‘(2) If a new member is appointed, the assessors who assisted the first member may be chosen to assist the new member in the hearing. ‘(3) If an assessor is unable to take further part in a hearing of the NRAS disciplinary proceeding, the principal registrar must choose another assessor in the assessor’s place. ‘(4) The other assessor must be chosen from the same panel of assessors from which the previous assessor was chosen. Page 44 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] ‘Subdivision 4 Hearings ‘398U Advice to be given by tribunal in a hearing ‘When conducting a hearing of an NRAS disciplinary proceeding, the tribunal must, if asked to do so by a party— (a) tell the party— (i) the facts and circumstances forming the basis for the tribunal taking action under the relevant decision-making provision in relation to the NRAS registrant; and (ii) what possible action the tribunal may take under the relevant decision-making provision; and (b) explain to the party any aspect of the tribunal’s procedures, or decisions or rulings, relating to the hearing. ‘398V Particular hearings to be held in private ‘(1) A hearing of an NRAS disciplinary proceeding for a impairment matter is not open to the public unless— (a) the tribunal reasonably believes it is in the public interest for it to be open to the public; or (b) the NRAS registrant asks for it to be open to the public. ‘(2) In this section— impairment matter means— (a) a matter referred to the tribunal by a national board under the National Law (Queensland), section 193, if the referral is made on the ground that the NRAS registrant to whom it relates has or may have an impairment within the meaning of that Law; or (b) the review of a reviewable decision, if the decision is or appears to be made only on the ground that the NRAS registrant has or may have an impairment within the meaning of the National Law (Queensland); or 2010 Act No. 14 Page 45

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] (c) the review of a tribunal review decision, if the decision being reviewed is the tribunal’s final decision in a proceeding for— (i) a matter mentioned in paragraph (a); or (ii) a review mentioned in paragraph (b). ‘398W Tribunal may excuse NRAS registrant from attendance ‘The tribunal may excuse an NRAS registrant from attending all or part of a hearing of an NRAS disciplinary proceeding relating to the registrant. ‘398X Tribunal may exclude witnesses from hearing ‘(1) This section applies if a notifier or other witness is to give evidence to the tribunal in a hearing of an NRAS disciplinary proceeding. ‘(2) The tribunal may direct that the notifier or other witness be excluded from a part or all of the hearing until the notifier or witness gives evidence, if the tribunal reasonably believes the attendance of the notifier or witness before giving evidence would seriously prejudice the fairness of the hearing. ‘Subdivision 5 Interim orders and evidence etc. ‘398Y Interim orders ‘(1) This section applies if— (a) the tribunal is hearing an NRAS disciplinary proceeding relating to an NRAS registrant; and (b) the tribunal reasonably believes it is necessary to make an order (an interim order ) exercising any power conferred on the tribunal under the relevant decision-making provision, pending its final decision. Page 46 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] ‘(2) The tribunal may make the interim order. ‘(3) The interim order must be the least onerous order the tribunal considers necessary in the circumstances. ‘(4) For the interim order, the tribunal may direct the NRAS registrant’s board to include details of the order in the board’s register. ‘(5) To remove any doubt, it is declared that the National Law (Queensland), sections 204 and 205 apply in relation to the interim order and the tribunal’s directions. ‘398Z Evidence and findings etc. in other proceedings may be received or adopted ‘In conducting an NRAS disciplinary proceeding, the tribunal may— (a) receive in evidence a transcript, or part of a transcript, of evidence taken in a proceeding before a disciplinary body or a court, tribunal or other entity constituted under the law of the State, the Commonwealth, another State or a foreign country, and draw conclusions of fact from the evidence that it considers appropriate; or (b) adopt, as it considers appropriate, decisions, findings, judgments, or reasons for judgment, of a disciplinary body, court, tribunal or other entity that may be relevant to the hearing. ‘Division 5 Additional procedures ‘398ZA Notice of hearing of proceeding for matter referred by national board ‘(1) This section applies if the tribunal intends to conduct a hearing of an NRAS disciplinary proceeding for a matter about an NRAS registrant referred to the tribunal under the National Law (Queensland), section 193. 2010 Act No. 14 Page 47

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] ‘(2) The principal registrar must give written notice (a hearing notice ) of the tribunal’s intention to the following persons— (a) the NRAS registrant; (b) the NRAS registrant’s board; (c) the notifier, if the NRAS disciplinary proceedings relate to a notification; (d) the commission. ‘(3) The hearing notice must state the following— (a) the ground for the tribunal making a decision under— (i) for an NRAS registered health practitioner—the National Law (Queensland), section 196(1)(b); or (ii) for an NRAS student—the National Law (Queensland), section 197(1)(a); (b) the facts and circumstances forming the basis for the ground; (c) the time and place of the hearing; (d) that the NRAS registrant must attend the hearing in person unless excused by the tribunal; (e) that a party may appear in person, or may have a lawyer or another person appear at the hearing on the party’s behalf; (f) that the notifier, if any, may attend the hearing and be accompanied by a lawyer or another person, unless the tribunal directs that the notifier must not attend before giving evidence. ‘(4) The time for the hearing, as stated in the hearing notice, must be at least 14 days after the NRAS registrant receives the notice. Page 48 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] ‘398ZB Notice of proceeding for review of reviewable decisions ‘(1) The principal registrar must, within 14 days after an NRAS registrant applies for a review of a reviewable decision, give written notice of the review to the commission. ‘(2) A notice given under subsection (1) must— (a) state that an application for review of the reviewable decision has been made; and (b) be accompanied by a copy of the application. ‘398ZC Particular procedures for proceeding for review of reviewable decisions ‘If an NRAS registrant applies for the review of a reviewable decision made under the National Law (Queensland), part 8, division 7 in relation to the NRAS registrant’s registration under that Law— (a) the tribunal must not grant a stay of the decision; and (b) the tribunal must finalise the review as quickly as possible. ‘398ZD Notice of proceeding for review of tribunal review decisions ‘(1) The principal registrar must, within 14 days after an NRAS registrant applies for a review of a tribunal review decision, give written notice of the review to the commission and the NRAS registrant’s board. ‘(2) A notice given under subsection (1) must— (a) state that an application for review of the tribunal review decision has been made; and (b) be accompanied by a copy of the application. 2010 Act No. 14 Page 49

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] ‘398ZE Particular procedures for proceedings for review of tribunal review decisions ‘(1) In conducting a review of a tribunal review decision, the tribunal may have regard to— (a) any evidence or other material considered by the tribunal in making the tribunal review decision; and (b) any decisions, including the reasons for the decisions, made by the tribunal in making the tribunal review decision. ‘(2) Subsection (1) does not limit the matters to which the tribunal may have regard. ‘Division 6 Provisions about decisions ‘398ZF Notice of final decision of tribunal ‘(1) As soon as practicable after the tribunal makes its final decision in an NRAS disciplinary proceeding about an NRAS registrant, the principal registrar must give written notice of the decision to— (a) the parties to the proceeding; and (b) the notifier, if the proceeding relates to a notification; and (c) the commission. ‘(2) The notice must state the following— (a) the tribunal’s decision; (b) the reasons for the decision, including the reasons for any health, conduct or performance action taken; (c) the tribunal’s decisions on material questions of fact arising during the NRAS disciplinary proceeding; (d) by reference or otherwise, any evidence or other material on which the tribunal’s decisions about material questions of fact were based; Page 50 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] (e) the right the party has to appeal to the Court of Appeal against the decision under the QCAT Act; (f) how to appeal; (g) for a decision under the National Law (Queensland), section 196(2) or 197(2)—that the decision, or details of the decision, may, under the National Law (Queensland), section 225, be recorded in the NRAS registrant’s board’s register. ‘(3) The decision takes effect on the day the tribunal makes its decision or, if the tribunal’s decision is to take effect on a later day, on the later day. ‘(4) If the NRAS registrant or the registrant’s representative is not present when the tribunal makes its decision, the decision takes effect on the later of— (a) the day the notice is given to the registrant; or (b) the day of effect stated in the notice. ‘398ZG Implementation of particular decisions ‘To remove any doubt, it is declared that the National Law (Queensland), sections 204 and 205 apply in relation to a decision of the tribunal in a review of a tribunal review decision. ‘Division 7 Appeals to Court of Appeal from decisions of tribunal ‘398ZH Purpose of div 7 ‘This division provides for— (a) the decisions of the tribunal in an NRAS disciplinary proceeding that may be appealed against to the Court of 2010 Act No. 14 Page 51

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] Appeal under the QCAT Act, chapter 2, part 8, division 2; and (b) particular matters in relation to the appeals. ‘398ZI NRAS registrant or national board may appeal to Court of Appeal ‘(1) The NRAS registrant the subject of an appealable decision, or the registrant’s board, may appeal to the Court of Appeal against the decision under the QCAT Act, chapter 2, part 8, division 2. ‘(2) However, an appeal under subsection (1) on a question of fact, or question of mixed law and fact, may be made only with the leave of the Court of Appeal. ‘(3) To remove any doubt, the QCATAct, section 149 does not apply in relation to a decision of the tribunal in an NRAS disciplinary proceeding. ‘(4) In this section— appealable decision means— (a) a decision under the National Law (Queensland), section 196(1)(b) about an NRAS registered health practitioner; or (b) a decision to take action under the National Law (Queensland), section 196(2) against an NRAS registered health practitioner; or (c) a decision under the National Law (Queensland), section 197(1)(a) about an NRAS student; or (d) a decision to take action under the National Law (Queensland), section 197(2) against an NRAS student; or (e) a decision under section 398H; or (f) a final decision in a proceeding for the review of a reviewable decision; or Page 52 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Part 5 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 56] (g) a decision about costs in an NRAS disciplinary proceeding. ‘398ZJ Appellant to give notice of appeal to particular persons ‘(1) Within 14 days after appealing to the Court of Appeal against an appealable decision, the appellant must give a copy of the notice of appeal— (a) if the appellant is an NRAS registrant—to the NRAS registrant’s board and the commission; or (b) if the appellant is an NRAS registrant’s board—to the NRAS registrant and the commission. ‘(2) If an NRAS registrant or a national board is given a copy of the notice under subsection (1), the registrant or board is the respondent for the appeal. ‘398ZK Court’s decision may be tribunal review decision ‘(1) In deciding an appeal against an appealable decision, the Court of Appeal may decide that its decision is a tribunal review decision under section 398D. ‘(2) If the court decides that its decision is a tribunal review decision, it must state a period in which the decision is not reviewable under division 3. ‘Division 8 General matters ‘398ZL Panel of assessors ‘(1) The public panel of assessors is also to be available for NRAS disciplinary proceedings. ‘(2) There is to be, for NRAS disciplinary proceedings, the following professional panel of assessors— (a) a chiropractors panel of assessors; 2010 Act No. 14 Page 53

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule (i) the executive officer of the Australian Health Practitioners Regulation Agency (the National Agency ); or (ii) if the executive officer of the National Agency agrees—another member of staff of the National Agency.’. 5 Section 68(2), definition Office of the Medical Board of Queensland— omit. 6 Section 68(2)— insert— ‘ State health law means any 1 of the following Acts— • Dental Technicians Registration Act 2001 • Medical Radiation Technologists Registration Act 2001 • Occupational Therapists Registration Act 2001 • Speech Pathologists Registration Act 2001 .’. 7 Section 149(4), definitions health practitioner registration Act , medical practitioner , midwife , nurse and registered nurse— omit . 8 Section 149(4)— insert— ‘ health practitioner registration Act means any 1 of the following— • Dental Technicians Registration Act 2001 • Health Practitioner Regulation National Law • Medical Radiation Technologists Registration Act 2001 2010 Act No. 14 Page 127

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule • Occupational Therapists Registration Act 2001 • Speech Pathologists Registration Act 2001 . medical practitioner includes a person registered under the law of a foreign country that provides for the same matter as a provision of the Health Practitioner Regulation National Law for the medical profession. midwife includes a person authorised to practise midwifery under the law of a foreign country that provides for the same matter as a provision of the HealthPractitionerRegulationNational Law for the nursing and midwifery profession as a midwife. nurse means a registered nurse or enrolled nurse. registered nurse means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) in the registered nurses division of that profession.’. 9 Section 214(1)(c), ‘ Nursing Act 1992 ’— omit, insert— ‘Health Practitioner Regulation National Law’. 10 Schedule 2, items 1 to 4 and 7 to 13— omit. 11 Schedule 2— insert— ‘1 Dental Technicians Board of Queensland’. 12 Schedule 2, items 5, 6 and 14— renumber as items 2, 3 and 4. Page 128 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule 13 Schedule 5, definitions completion notice , enrolled nurse and midwife— omit . 14 Schedule 5— insert— ‘ completion notice means— (a) for a registration board—a notice under the HealthPractitioners (Professional Standards) Act 1999 , section 383; or (b) for another entity—notice that the entity has finished dealing with the complaint. enrolled nurse means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) in the enrolled nurses division of that profession. midwife means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the nursing and midwifery profession as a midwife, other than as a student.’. 15 Schedule 5, definition registration board— omit . 16 Schedule 5— insert— ‘ registration board means an entity mentioned in schedule 2.’. 2010 Act No. 14 Page 129

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule Health Services Act 1991 1 Section 38Q(6), definition relevant entity , paragraph (d)— omit, insert— ‘(d) a board established under the HealthPractitionerRegulation National Law; or’. 2 Section 38ZK(1)(c), after ‘ 1999 ’— insert— ‘or the Health Practitioner Regulation National Law’. 3 Section 60, definition health practitioner registration Act— omit . 4 Section 60— insert— ‘ health practitioner registration Act means any 1 of the following— • Dental Technicians Registration Act 2001 • Health Practitioner Regulation National Law • Medical Radiation Technologists Registration Act 2001 • Occupational Therapists Registration Act 2001 • Speech Pathologists Registration Act 2001 .’. 5 Section 60, definition health professional , paragraph (a), from ‘or enrolled’ to ‘ 1992 ’— omit . Page 130 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule 6 ‘62L Section 62L— omit, insert— Disclosure to health practitioner registration board Section 62A(1) does not apply to the disclosure of confidential information by a designated person if the disclosure is to a board established under a health practitioner registration Act for the purposes of— (a) making, or giving information about, a complaint about a person who is or was registered under the health practitioner registration Act; or (b) answering questions or otherwise giving information as part of an investigation or a disciplinary proceeding about a person who is or was registered under the health practitioner registration Act.’. 7 Section 62Q, ‘the Health Insurance Commission’— omit, insert— ‘Medicare Australia’. Industrial Relations Act 1999 1 Schedule 5, definition doctor’s certificate , from ‘registrant’— omit, insert— ‘person registered under the HealthPractitionerRegulationNational Law to practise in the medical profession, other than as a student.’. 2010 Act No. 14 Page 131

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule Jury Act 1995 1 Section 70(17), definitions doctor and psychologist— omit. 2 Section 70(17)— insert — ‘ psychologist means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the psychology profession, other than as a student.’. Law Reform Act 1995 1 Section 15, definitions medical practitioner and nurse— omit . 2 Section 15— insert— ‘ nurse means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the nursing and midwifery profession as a nurse, other than as a student.’. Liquor Act 1992 1 Section 12(4), definition pharmacist , from ‘under’— omit, insert— Page 132 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule ‘under the HealthPractitionerRegulationNationalLaw to practise in the pharmacy profession, other than as a student.’. Mental Health Act 2000 1 Schedule 2, definitions psychiatrist , psychologist and registered nurse — omit . 2 Schedule 2— insert— ‘ psychiatrist means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the medical profession as a specialist registrant in the specialty of psychiatry, other than as a student. psychologist means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the psychology profession, other than as a student. registered nurse means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) in the registered nurses division of that profession.’. 2010 Act No. 14 Page 133

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule Medical Radiation Technologists Registration Act 2001 1 Section 4, after ‘consisting of the’— insert — ‘Queensland’. 2 Section 15(2)(b)(ii)— omit . 3 Section 15(2)(b)(iii), ‘or the Nursing Act 1992 ’— omit . 4 Section 15(2)(b)(iii)— renumber as section 15(2)(b)(ii). 5 Section 135(3)(b), ‘State’— omit . 6 Section 135(3)(g), ‘the Health Insurance Commission’— omit, insert— ‘Medicare Australia’. 7 Section 135(6), definition State regulatory authorities — omit . 8 Section 135(6)— insert— ‘ regulatory authorities means boards established under the health practitioner registration Acts.’. Page 134 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule 9 Schedule 3, definitions Health Insurance Commission and health practitioner registration Act — omit . 10 Schedule 3— insert— ‘ health practitioner registration Act means any 1 of the following— • Dental Technicians Registration Act 2001 • Health Practitioner Regulation National Law • Occupational Therapists Registration Act 2001 • Speech Pathologists Registration Act 2001 • this Act. Medicare Australia means Medicare Australia established under the Health Insurance Commission Act 1973 (Cwlth), section 4. Queensland health practitioner registration Acts means the following Acts— • Dental Technicians Registration Act 2001 • Occupational Therapists Registration Act 2001 • Speech Pathologists Registration Act 2001 • this Act.’. Occupational Therapists Registration Act 2001 1 Section 4, after ‘consisting of the’— insert — ‘Queensland’. 2010 Act No. 14 Page 135

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule 2 Section 15(2)(b)(ii)— omit . 3 Section 15(2)(b)(iii), ‘or the Nursing Act 1992 ’— omit . 4 Section 15(2)(b)(iii)— renumber as section 15(2)(b)(ii). 5 Section 120(3)(b), ‘State’— omit . 6 Section 120(3)(g), ‘the Health Insurance Commission’— omit, insert— ‘Medicare Australia’. 7 Section 120(6), definition State regulatory authorities — omit . 8 Section 120(6)— insert— ‘ regulatory authorities means boards established under the health practitioner registration Acts.’. 9 Schedule 3, definitions Health Insurance Commission and health practitioner registration Act — omit . 10 Schedule 3— insert— Page 136 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule ‘ health practitioner registration Act means any 1 of the following— • Dental Technicians Registration Act 2001 • Health Practitioner Regulation National Law • Medical Radiation Technologists Registration Act 2001 • Speech Pathologists Registration Act 2001 • this Act. Medicare Australia means Medicare Australia established under the Health Insurance Commission Act 1973 (Cwlth), section 4. Queensland health practitioner registration Acts means the following Acts— • Dental Technicians Registration Act 2001 • Medical Radiation Technologists Registration Act 2001 • Speech Pathologists Registration Act 2001 • this Act.’. Personal Injuries Proceedings Act 2002 1 Section 9A(14), definition medical specialist — omit 2 Section 9A(14)— insert— ‘ medical specialist means a person registered or eligible for registration under the Health Practitioner Regulation NationalLaw to practise in the medical profession as a specialist registrant.’. 2010 Act No. 14 Page 137

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule 3 Schedule, definition provider , ‘ Health Practitioner Registration Boards (Administration) Act 1999 ’— omit, insert— ‘ Health Services Act 1991 ’. Police Powers and Responsibilities Act 2000 1 Schedule 6, definition nurse — omit . 2 Schedule 6— insert— ‘ nurse means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) in the registered nurses division of that profession.’. Police Service Administration Act 1990 1 Section 5A.14(8), definition registered nurse — omit . 2 Section 5A.14(8)— insert— ‘ registered nurse means a person registered under the HealthPractitioner Regulation National Law— Page 138 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) in the registered nurses division of that profession.’. Prostitution Act 1999 1 Section 102(5), definition health practitioner , paragraphs (b) and (c)— omit, insert— ‘(b) a person registered under the HealthPractitionerRegulation National Law— (i) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (ii) in the registered nurses division of that profession; or (c) a person registered under the HealthPractitionerRegulation National Law to practise in the psychology profession, other than as a student.’. 2 Section 134A(6), definition health professional , paragraphs (b) and (c)— omit, insert— ‘(b) a person registered under the HealthPractitionerRegulation National Law— (i) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (ii) in the registered nurses division of that profession; or (c) a person registered under the HealthPractitionerRegulation National Law to practise in the psychology profession, other than as a student.’. 2010 Act No. 14 Page 139

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule Public Health Act 2005 1 Section 157(2)(c)— omit, insert— ‘(c) a board established under the HealthPractitionerRegulation National Law; or’. 2 Section 158, definition registered nurse — omit . 3 Section 158— insert— ‘ registered nurse means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) in the registered nurses division of that profession.’. 4 Section 213D(2), definition relevant entity , paragraph (c)— omit, insert— ‘(c) a board established under the HealthPractitionerRegulation National Law; or’. 5 Section 214, definition midwife — omit . 6 Section 214— insert— ‘ midwife means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the Page 140 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule nursing and midwifery profession as a midwife, other than as a student.’. 7 Section 251, definition health practitioner , paragraph (b)— omit, insert— ‘(b) a person registered under the HealthPractitionerRegulation National Law— (i) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (ii) in the registered nurses division of that profession; or’. Public Safety Preservation Act 1986 1 Schedule, definitions government doctor , government nurse , non-government doctor and non-government nurse — omit . 2 Schedule— insert — ‘ government doctor means a person— (a) registered under the HealthPractitionerRegulationNationalLaw to practise in the medical profession, other than as a student; and (b) who is employed in the department which administers the Public Health Act 2005 . government nurse means a person— (a) registered under the HealthPractitionerRegulationNational Law— 2010 Act No. 14 Page 141

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule (i) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (ii) in the registered nurses division of that profession; and (b) who is employed in the department which administers the Public Health Act 2005 . non-government doctor means a person— (a) registered under the HealthPractitionerRegulationNationalLaw to practise in the medical profession, other than as a student; and (b) who is not a government doctor. non-government nurse means a person— (a) registered under the HealthPractitionerRegulationNational Law— (i) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (ii) in the registered nurses division of that profession; and (b) who is not a government nurse.’. Public Service Act 2008 1 Schedule 1, entry for ‘Office of the Medical Board of Queensland under the Medical Board (Administration)Act 2006’— omit . Page 142 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule Radiation Safety Act 1999 1 Schedule 2, definition health practitioner registration Act— omit . 2 Schedule 2— insert— ‘ health practitioner registration Act means any 1 of the following— • Dental Technicians Registration Act 2001 • Health Practitioner Regulation National Law • Medical Radiation Technologists Registration Act 2001 • Occupational Therapists Registration Act 2001 • Speech Pathologists Registration Act 2001 .’. 3 Schedule 2, definition health practitioner , paragraph (a)— omit, insert— ‘(a) a person registered under the HealthPractitionerRegulation National Law— (i) to practise in the nursing and midwifery profession, as a nurse, other than as a student; and (ii) in the enrolled nurses division or the registered nurses division of that profession; or’. 2010 Act No. 14 Page 143

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule Speech Pathologists Registration Act 2001 1 Section 4, after ‘consisting of the’— insert — ‘Queensland’. 2 Section 15(2)(b)(ii)— omit . 3 Section 15(2)(b)(iii), ‘or the Nursing Act 1992 ’— omit . 4 Section 15(2)(b)(iii)— renumber as section 15(2)(b)(ii). 5 Section 120(3)(b), ‘State’— omit . 6 Section 120(3)(g), ‘the Health Insurance Commission’— omit, insert— ‘Medicare Australia’. 7 Section 120(6), definition State regulatory authorities — omit . 8 Section 120(6)— insert— ‘ regulatory authorities means boards established under the health practitioner registration Acts.’. Page 144 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule 9 Schedule 3, definitions Health Insurance Commission and health practitioner registration Act— omit . 10 Schedule 3— insert— ‘ health practitioner registration Act means any 1 of the following— • Dental Technicians Registration Act 2001 • Health Practitioner Regulation National Law • Medical Radiation Technologists Registration Act 2001 • Occupational Therapists Registration Act 2001 • this Act. Medicare Australia means Medicare Australia established under the Health Insurance Commission Act 1973 (Cwlth), section 4. Queensland health practitioner registration Acts means the following Acts— • Dental Technicians Registration Act 2001 • Medical Radiation Technologists Registration Act 2001 • Occupational Therapists Registration Act 2001 • this Act.’. Transplantation and Anatomy Act 1979 1 Section 4, definition dental practitioner — omit . 2010 Act No. 14 Page 145

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule 2 Section 4— insert— ‘ dental practitioner means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist, other than as a student; and (b) in the dentists division of that profession.’. 3 Section 12D(3), definitions specialist anaesthetist and specialist paediatrician— omit . 4 Section 12D(3)— insert — ‘ specialist anaesthetist means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of anaesthesia, other than as a student. specialist paediatrician means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of paediatrics and child health, other than as a student . ’. 5 Section 30(2), from ‘who’ to ‘at that hospital’— omit, insert— ‘registered under the Health Practitioner Regulation NationalLaw to practise in the medical profession as a provisional registrant, other than as a student’. 6 Section 45(5), definitions specialist neurologist and specialist neurosurgeon — omit . Page 146 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule 7 Section 45(5)— insert— ‘ specialist neurologist means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the specialty of neurology, other than as a student. specialist neurosurgeon person registered under the HealthPractitionerRegulationNationalLaw to practise in the medical profession as a specialist registrant in the specialty of neurosurgery, other than as a student.’. Transport Operations (Road Use Management) Act 1995 1 Section 80(1), definition nurse — omit . 2 Section 80(1)— insert— ‘ nurse means a person registered under the HealthPractitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and (b) in the registered nurses division of that profession.’. 3 Section 142(3), definition health professional , paragraphs (c) and (d)— omit, insert— ‘(c) a person registered under the HealthPractitionerRegulationNationalLaw to practise in the optometry profession, other than as a student; or 2010 Act No. 14 Page 147

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule (d) a person registered under the HealthPractitionerRegulationNationalLaw to practise in the physiotherapy profession, other than as a student.’. 4 Schedule 4, definition doctor — omit . 5 Schedule 4— insert— ‘ doctor means a medical practitioner.’. Victims of Crime Assistance Act 2009 1 Section 81(2), definition psychologist — omit 2 Section 81(2)— insert— ‘ psychologist means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the psychology profession, other than as a student.’. 3 Schedule 3, definition health practitioner — omit . 4 Schedule 3— insert — ‘ health practitioner means— Page 148 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule (a) a person registered under the HealthPractitionerRegulationNationalLaw to practise, other than as a student, in any of the following— (i) the chiropractic profession; (ii) the dental profession as any of the following— (A) dental therapist; (B) dental hygienist; (C) oral health therapist; (iii) the medical profession; (iv) the optometry profession; (v) the osteopathy profession; (vi) the physiotherapy profession; (vii) the podiatry profession; (viii) the psychology profession; or (b) a person registered under any of the following Acts— (i) Occupational Therapists Registration Act 2001 ; (ii) Speech Pathologists Registration Act 2001 .’. Weapons Act 1990 1 Section 151(4), definition professional carer , paragraphs (b) and (c)— omit, insert— ‘(b) a person registered under the HealthPractitionerRegulation National Law to practise in the psychology profession, other than as a student; or (c) a person registered under the HealthPractitionerRegulation National Law to practise in the nursing and 2010 Act No. 14 Page 149

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule midwifery profession as a nurse, other than as a student; or’. 2 Schedule 2, definition psychologist — omit . 3 Schedule 2— insert— ‘ psychologist means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the psychology profession, other than as a student.’. Worker’s Compensation and Rehabilitation Act 2003 1 Section 232D(5), definition doctor’s certificate from ‘registrant’— omit, insert— ‘person registered under the HealthPractitionerRegulationNational Law to practise in the medical profession, other than as a student.’. 2 Schedule 6, definitions nurse practitioner and specialist— omit . 3 Schedule 6— insert— ‘ nurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse, other than as a Page 150 2010 Act No. 14

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Schedule student, whose registration is endorsed as being qualified to practice as a nurse practitioner. specialist means a person registered under the HealthPractitionerRegulationNationalLaw to practise in the medical profession as a specialist registrant in a recognised specialty, other than as a student.’. © State of Queensland 2010 2010 Act No. 14 Page 151