Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 (Qld)

Queensland Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Act No. 10 of 2012

Queensland Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 7 Part 4 8 9 Part 5 10 11 12 Part 6 13 14 Part 7 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of Ambulance Service Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 50D (Definitions for div 1) . . . . . . . . . . . . . . . . . 6 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of ChildProtectionAct1999 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of CommissionforChildrenandYoungPeopleand Child Guardian Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of Dental Technicians Registration Act 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 124 (Notification of certain events to interstate regulatory authorities and other entities) . . . . . . . . . . . . . . . . . . . 8 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of Disability Services Act 2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of ForensicDisabilityAct2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Contents Part 8 17 18 Part 9 19 20 Part 10 21 22 Part 11 23 24 25 26 27 28 Page 2 Amendment of Health Act 1937 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Health and Hospitals Network Act 2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of HealthPractitionerRegistrationBoards(Administration) Act 1999 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Health Practitioners (ProfessionalStandards)Act1999 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 39 (Panels of assessors). . . . . . . . . . . . . . . . . . Amendment of s 398ZL (Panel of assessors) . . . . . . . . . . . . . . . Renumbering of pt 13, div 5 (Transitional provision for CriminalHistoryScreeningLegislationAmendmentAct2010) . . . . . . . . . Renumbering of s 405L (Giving particular information to Commissioner for Children and Young People and Child Guardian) .................................. Insertion of new pt 13, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6 Provision for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 405W Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 405X Existing panels of assessors . . . . . . . . . . . . . . . . . . . 405Y Existing complaints and related proceedings and appeals .............................. 405Z Existing non-complaint disciplinary matters and related proceedings and appeals . . . . . . . . . . . . . . . . 405ZA Existing QCAT proceedings and existing appeals . . . 405ZB Investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405ZC Inspectors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405ZD Copy of particular records to be given to national board .............................. 405ZE Particular registrants to give particular notices to national board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405ZF Protection of officials from liability . . . . . . . . . . . . . . . 405ZG Penalties to be paid to national board . . . . . . . . . . . . 10 10 11 11 11 11 12 12 12 12 13 13 13 14 15 16 17 19 20 21 21 22 23 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Contents 29 Part 12 30 31 Part 13 32 33 Part 14 34 35 36 Part 15 37 38 Part 16 39 40 41 Part 17 42 43 Part 18 44 45 Part 19 46 47 Part 20 48 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Health Practitioners (Special EventsExemption) Act 1998 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Health Quality and Complaints CommissionAct2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Mental Health Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 16, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 6 Validation provision for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 618 Definition psychiatrist—retrospective operation and validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of NuclearFacilitiesProhibitionAct2007 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5 (Relationship with other Acts or laws) . . . . . . Amendment of RadiationSafetyAct1999 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 209 (Confidentiality of information) . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of SpeechPathologistsRegistrationAct2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of TransportOperations(RoadUseManagement) Act 1995 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 142 (Health professional’s disclosure not breach of confidence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of VictimsofCrimeAssistanceAct2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . Repeal of Acts Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 25 25 25 25 26 26 26 27 27 28 28 28 28 29 29 30 30 30 30 31 2012 Act No. 10 Page 3

Queensland Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Act No. 10 of 2012 An Act to amend the Ambulance Service Act 1991, the Child Protection Act1999, the Commission for Children and Young People and Child GuardianAct 2000, the Dental Technicians Registration Act 2001, the DisabilityServices Act 2006, the Forensic Disability Act 2011, the Health Act 1937, the Health and Hospitals Network Act 2011, the Health Practitioner RegistrationBoards (Administration) Act 1999, the Health Practitioners (ProfessionalStandards) Act 1999, the Health Practitioners (Special Events Exemption)Act 1998, the Health Quality and Complaints Commission Act 2006, the Mental Health Act 2000, the Nuclear Facilities Prohibition Act 2007, the Radiation Safety Act 1999, the Speech Pathologists Registration Act 2001, the Transport Operations (Road Use Management) Act 1995 and the Victimsof Crime Assistance Act 2009 for particular purposes, and to repeal the Medical Radiation Technologists Registration Act 2001 and the Occupational Therapists Registration Act 2001 [Assented to 27 June 2012]

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 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 2012 . 2 Commencement This Act commences on 1 July 2012. Part 2 Amendment of Ambulance Service Act 1991 3 Act amended This part amends the Ambulance Service Act 1991. 4 Amendment of s 50D (Definitions for div 1) Section 50D, definition health professional — omit, insert— ‘ health professional means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following— (a) the medical profession; (b) the medical radiation practice profession; (c) the nursing and midwifery profession; Page 6 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 3 Amendment of Child Protection Act 1999 [s 5] (d) the occupational therapy profession; (e) the pharmacy profession; (f) the physiotherapy profession; (g) the psychology profession.’. 5 Amendment of schedule (Dictionary) Schedule— insert— ‘ Health Practitioner Regulation National Law (Queensland) see the HealthPractitionerRegulationNationalLawAct2009 , section 4.’. Part 3 Amendment of Child Protection Act 1999 6 Act amended This part amends the Child Protection Act 1999. 7 Amendment of sch 3 (Dictionary) Schedule 3, definition health practitioner , paragraphs (a)(iv) to (vi) and (b)— omit, insert — ‘(iv) the occupational therapy profession; (v) the optometry profession; (vi) the physiotherapy profession; (vii) the psychology profession; or (b) a person registered under the SpeechPathologistsRegistration Act 2001 ; or’. 2012 Act No. 10 Page 7

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 4 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 8] Part 4 Amendment of Commission for Children and Young People and Child Guardian Act 2000 8 Act amended This part amends the CommissionforChildrenandYoungPeople and Child Guardian Act 2000. 9 Amendment of sch 7 (Dictionary) Schedule 7, definition registered health practitioner , second, third and fourth dot points— omit , insert — ‘• Health Practitioner Regulation National Law, other than as a student’. Part 5 Amendment of Dental Technicians Registration Act 2001 10 Act amended This part amends the DentalTechniciansRegistrationAct2001. 11 Amendment of s 124 (Notification of certain events to interstate regulatory authorities and other entities) Section 124(6)— insert— Page 8 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 6 Amendment of Disability Services Act 2006 [s 12] ‘ Health Practitioner Regulation National Law (Queensland) see the HealthPractitionerRegulationNationalLawAct2009 , section 4.’. 12 Amendment of sch 4 (Dictionary) (1) Schedule 4, definition health practitioner registration Act , second and third dot points— omit . (2) Schedule 4, definition Queensland health practitioner registration Acts , first and second dot points— omit. Part 6 Amendment of Disability Services Act 2006 13 Act amended This part amends the Disability Services Act 2006. 14 Amendment of sch 7 (Dictionary) Schedule 7, definition registered health practitioner , third and fourth dot points— omit . 2012 Act No. 10 Page 9

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 7 Amendment of Forensic Disability Act 2011 [s 15] Part 7 Amendment of Forensic Disability Act 2011 15 Act amended This part amends the Forensic Disability Act 2011. 16 Amendment of sch 2 (Dictionary) Schedule 2, definition registered health practitioner , paragraphs (a)(iii) and (iv) and (b)— omit, insert — ‘(iii) the occupational therapy profession; (iv) the physiotherapy profession; (v) the psychology profession; or (b) a person registered under the SpeechPathologistsRegistration Act 2001 .’. Part 8 Amendment of Health Act 1937 17 Act amended This part amends the Health Act 1937. 18 Amendment of s 5 (Interpretation) Section 5, definition health practitioner registration Act , third and fourth dot points— omit. Page 10 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 9 Amendment of Health and Hospitals Network Act 2011 [s 19] Part 9 Amendment of Health and Hospitals Network Act 2011 19 Act amended This part amends the Health and Hospitals Network Act 2011. 20 Amendment of sch 3 (Dictionary) Schedule 3, definition health practitioner registration Act , paragraphs (c) to (e)— omit , insert— ‘(c) the Speech Pathologists Registration Act 2001 .’. Part 10 Amendment of Health Practitioner Registration Boards (Administration) Act 1999 21 Act amended This part amends the Health Practitioner Registration Boards(Administration) Act 1999. 22 Amendment of schedule (Dictionary) Schedule, definition health practitioner registration Act — omit, insert— ‘ health practitioner registration Act means either of the following Acts— • Dental Technicians Registration Act 2001 • Speech Pathologists Registration Act 2001 .’. 2012 Act No. 10 Page 11

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 23] Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 23 Act amended This part amends the HealthPractitioners(ProfessionalStandards) Act 1999. 24 Amendment of s 39 (Panels of assessors) Section 39(b)(ii) to (iv)— omit , insert— ‘(ii) a speech pathologists panel of assessors.’. 25 Amendment of s 398ZL (Panel of assessors) (1) Section 398ZL(2)— insert — ‘(da) a medical radiation practitioners panel of assessors;’. (2) Section 398ZL(2)— insert — ‘(ea) an occupational therapists panel of assessors;’. (3) Section 398ZL(2)(da) to (k)— renumber as section 398ZL(2)(e) to (m). 26 Renumbering of pt 13, div 5 (Transitional provision for Criminal History Screening Legislation Amendment Act2010) Part 13, division 5, first occurring— renumber as part 13, division 4A. Page 12 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 27] 27 Renumbering of s 405L (Giving particular information to Commissioner for Children and Young People and Child Guardian) Section 405L, first occurring— renumber as section 405KA. 28 Insertion of new pt 13, div 6 Part 13— insert— ‘Division 6 Provision for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 ‘405W Definitions for div 6 ‘In this division— amending Act means the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 . commencement means the commencement of this section. former board — (a) in relation to the medical radiation technology profession, means the Medical Radiation Technologists Board of Queensland established under the repealed Medical Radiation Technologists Registration Act 2001 ; or (b) in relation to the occupational therapy profession, means the Occupational Therapists Board of Queensland established under the repealed Occupational TherapistsRegistration Act 2001 . NRAS health profession means a profession mentioned in the National Law (Queensland), section 5, definition health profession , paragraph (f) or (h). 2012 Act No. 10 Page 13

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 28] repealed health practitioner registration Act means either of the following Acts— • the repealed MedicalRadiationTechnologistsRegistration Act 2001 • the repealed OccupationalTherapistsRegistrationAct2001 . ‘405X Existing panels of assessors ‘(1) An existing panel of assessors is, at the commencement, taken to be a professional panel of assessors of the same name under section 398ZL. ‘(2) Without limiting subsection (1), a person who was a member of an existing panel of assessors immediately before the commencement— (a) is, at the commencement, taken to be a member of a professional panel of assessors of the same name under section 398ZL; and (b) holds the office— (i) on the same terms and conditions that applied to the person under this Act as in force immediately before the commencement; and (ii) until the day the person’s term of appointment under this Act as in force immediately before the commencement would have ended or the earlier day the person otherwise vacates the office under this Act. ‘(3) In this section— existing panel of assessors means a professional panel of assessors under section 39(b)(ii) or (iii) of this Act as in force immediately before the commencement. Page 14 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 28] ‘405Y Existing complaints and related proceedings and appeals ‘(1) This section provides for the application of the National Law (Queensland), section 289 to the following— (a) an existing complaint; (b) any proceedings or appeal relating to an existing complaint. ‘(2) The National Law (Queensland), section 289 applies to an existing complaint, and any proceedings or appeal relating to an existing complaint, as if the reference in subsection (2)(b) of that section to the application of an Act of a participating jurisdiction as if that Act had not been repealed included, for the existing complaint, a reference to the application of this Act as if it had not been amended by the amending Act. ‘(3) For applying the National Law (Queensland), section 289 to an existing complaint made to a former board— (a) the board does not complete dealing with the existing complaint until— (i) the time for exercising any review rights or appeal rights in relation to the existing complaint has passed without any rights being exercised; or (ii) any review or appeal in relation to the existing complaint has ended; and (b) this Act must be read as if sections 12(1) and 13 do not apply to a national board dealing with the existing complaint under the National Law (Queensland), section 289. ‘(4) Also, to remove any doubt, it is declared that the QCAT Act continues to apply in relation to— (a) any proceeding by the tribunal under the National Law (Queensland), section 289 as applied by this section; and (b) any appeal against the tribunal’s decision in the proceeding. 2012 Act No. 10 Page 15

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 28] ‘(5) The fee that, before the commencement, would have been payable under the QCAT Act in relation to a proceeding or appeal mentioned in subsection (4) continues to be payable in relation to the proceeding or appeal. ‘(6) In this section— existing complaint means a complaint under this Act as in force before the commencement, about a person registered in a NRAS health profession by a former board, that the former board had started but had not completed dealing with immediately before the commencement. ‘405Z Existing non-complaint disciplinary matters and related proceedings and appeals ‘(1) This section provides for the application of the National Law (Queensland), section 289 to the following— (a) an existing non-complaint disciplinary matter; (b) any proceedings or appeal relating to an existing non-complaint disciplinary matter. ‘(2) The National Law (Queensland), section 289 applies to an existing non-complaint disciplinary matter, and any proceedings or appeal relating to an existing non-complaint disciplinary matter, as if— (a) subsection (1) of that section provided that it also applied to an existing non-complaint disciplinary matter; and (b) the reference in subsection (2)(b) of that section to the application of an Act of a participating jurisdiction as if that Act had not been repealed included, for an existing non-complaint disciplinary matter, a reference to the application of this Act as if it had not been amended by the amending Act. ‘(3) For applying the National Law (Queensland), section 289 to an existing non-complaint disciplinary matter before a former board— Page 16 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 28] (a) the board does not complete dealing with the matter until— (i) the time for exercising any review rights or appeal rights in relation to the matter has passed without any rights being exercised; or (ii) any review or appeal in relation to the matter has ended; and (b) this Act must be read as if sections 12(1) and 13 do not apply to a national board dealing with the matter under the National Law (Queensland), section 289. ‘(4) Also, to remove any doubt, it is declared that the QCAT Act continues to apply in relation to— (a) any proceeding by the tribunal under National Law (Queensland), section 289 as applied by this section; and (b) any appeal against the tribunal’s decision in the proceeding. ‘(5) The fee that, before the commencement, would have been payable under the QCAT Act in relation to a proceeding or appeal mentioned in subsection (4) continues to be payable in relation to the proceeding or appeal. ‘(6) In this section— existing non-complaint disciplinary matter means a disciplinary matter under this Act as in force before the commencement, started other than on the basis of a complaint, about a person registered in a NRAS health profession by a former board that the former board had started but had not completed dealing with immediately before the commencement. ‘405ZA Existing QCAT proceedings and existing appeals ‘(1) The tribunal must hear, or continue to hear, and decide an existing QCAT proceeding under the relevant Act as if the Act had not been repealed by the amending Act. 2012 Act No. 10 Page 17

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 28] ‘(2) If there is an existing appeal before an appeal entity, the entity must hear, or continue to hear, and decide the appeal under the relevant Act as if the Act had not been repealed by the amending Act. ‘(3) If a former board was a party to an existing QCAT proceeding or an existing appeal, the national board for the profession for which the former board was established takes the former board’s place in the proceeding or appeal. ‘(4) The National Law (Queensland), sections 204 and 205 apply in relation to a decision of the tribunal made in an existing QCAT proceeding. ‘(5) In this section— appeal entity means the appeal tribunal under the QCAT Act or the Court of Appeal. disciplinary proceeding means a disciplinary proceeding under this Act as in force before the commencement relating to a NRAS registrant. existing appeal means an appeal under the QCAT Act against a decision of the tribunal in a disciplinary proceeding or registration proceeding that has been started before an appeal entity but has not been finally dealt with at the commencement. existing QCAT proceeding means a disciplinary proceeding or registration proceeding that has been started before the tribunal but has not been finally dealt with at the commencement. registration proceeding means a proceeding for a review of a decision under a repealed health practitioner registration Act. relevant Act means— (a) for an existing QCAT proceeding—the Act conferring jurisdiction on the tribunal to deal with the matter the subject of the proceeding; or (b) for an existing appeal—the Act conferring jurisdiction on the tribunal to deal with the matter the subject of decision that is appealed. Page 18 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 28] ‘405ZB Investigators ‘(1) This section applies in relation to a person appointed by a former board as an investigator under this Act. ‘(2) The person’s appointment ends at the commencement. ‘(3) The person must return the person’s identity card to the chief executive within 7 days after the commencement. Maximum penalty—10 penalty units. ‘(4) If the person has made a requirement of another person under this Act and the requirement has not been complied with at the commencement, the requirement is taken to have been withdrawn at the commencement. ‘(5) If the person has a document or other thing that was obtained in the person’s capacity as an investigator, the person must— (a) for a document or thing obtained in the course of an investigation of an existing complaint or existing non-complaint disciplinary matter being dealt with by a national board under the National Law (Queensland), section 289—give the document or thing to the national board; or (b) for another document or thing—return the document or thing to the person from whom it was obtained. ‘(6) A document or other thing given to a national board under subsection (5)(a) is taken to have been obtained by an investigator appointed by the national board. ‘(7) However, if the person is appointed by a national board dealing with an existing matter as an investigator for an investigation relating to the matter— (a) subsections (4), (5)(a) and (6) do not apply; and (b) anything done by, or existing in relation to, the person performing a function or exercising a power under this Act for the existing matter is taken to be done or existing in the investigator’s capacity as an investigator appointed by the national board for investigating the matter. 2012 Act No. 10 Page 19

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 28] ‘(8) In this section— existing matter means a complaint or disciplinary matter being dealt with by a national board under the National Law (Queensland), section 289 as provided under section 405Y or 405Z. ‘405ZC Inspectors ‘(1) This section applies in relation to a person appointed by a former board as an inspector under this Act or a repealed health practitioner registration Act (the relevant Act ). ‘(2) The person’s appointment ends at the commencement. ‘(3) The person must return the person’s identity card to the chief executive within 7 days after the commencement. Maximum penalty—10 penalty units. ‘(4) Any investigation being conducted by the person ends at the commencement. ‘(5) Without limiting subsection (4)— (a) if the person has made a requirement of another person under a provision of the relevant Act and the requirement has not been complied with at the commencement, the requirement is taken to have been withdrawn at the commencement; and (b) if, immediately before the commencement, the person is keeping a document or other thing under a provision of the relevant Act, the person must return the document or thing to the person from whom it was obtained. ‘(6) However, subsection (4) does not prevent the person, or another person, from making a notification to a national board under the National Law (Queensland), section 145 in relation to information obtained in the course of an investigation conducted by the inspector under the relevant Act (whether or not the investigation was completed). Page 20 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 28] ‘405ZD Copy of particular records to be given to national board ‘(1) This section applies if— (a) before the commencement, the secretary or principal registrar started to keep under section 263 a record about disciplinary proceedings relating to a former registrant; and (b) at the commencement, the secretary or principal registrar has not given a copy of the record to an executive officer as required by section 263(3) as in force before the commencement. ‘(2) The secretary or principal registrar must give the copy to the national board for the profession in which the former registrant was registered under the relevant repealed health practitioner registration Act. ‘(3) In this section— former registrant means a person who was, at any time, registered under a repealed health practitioner registration Act. ‘405ZE Particular registrants to give particular notices to national board ‘(1) This section applies if— (a) before the commencement, a registrant was required to give notice of something happening (the event ) to the registrant’s board under a notice requirement provision; and (b) at the commencement, the registrant has not given the notice as required by the notice requirement provision. ‘(2) The notice requirement provision continues to apply in relation to the event subject to subsection (3). ‘(3) The reference in the notice requirement provision to the registrant’s board is taken to be a reference to the national 2012 Act No. 10 Page 21

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 28] board for the profession in which the registrant is registered under the National Law. ‘(4) In this section— notice requirement provision means section 385A, 385B or 385C. registrant means a person who— (a) was a registrant under this Act immediately before the commencement; and (b) at the commencement, is taken to be registered under the National Law. ‘405ZF Protection of officials from liability ‘(1) This section applies if, in relation to an act done or omission made by a person under this Act or a repealed health practitioner registration Act (the relevant Act ) before the commencement, civil liability attaches to a former board under a provision of the relevant Act as in force when the act was done or omission was made. ‘(2) From the commencement, the liability attaches to the National Agency. ‘(3) If the National Agency becomes liable to pay an amount to a person because of subsection (2), the amount must be paid out of the account kept in the Agency Fund for the national board established for the profession for which the former board was established. ‘(4) In this section— Agency Fund means the Australian Health Practitioner Regulation Agency Fund established under the National Law. Page 22 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 29] ‘405ZG Penalties to be paid to national board ‘(1) This section applies if— (a) a former board has brought a proceeding for an offence against this Act or a repealed health practitioner registration Act (the relevant Act ); and (b) the court before which the proceeding has been brought has not finished hearing the proceeding; and (c) a provision of the relevant Act provides that penalties recovered as a result of the proceeding must be ordered to be paid to the former board. ‘(2) The provision of the relevant Act continues to apply in relation to the proceeding subject to subsection (3). ‘(3) The reference in the provision to the former board is taken to be a reference to the national board for the profession for which the former board was established.’. 29 Amendment of schedule (Dictionary) (1) Schedule— insert— ‘ Health Practitioner Regulation National Law (Queensland) see the HealthPractitionerRegulationNationalLawAct2009 , section 4.’. (2) Schedule, definition amending Act — omit, insert— ‘ amending Act — (a) for part 13, division 5—see section 405L; or (b) for part 13, division 6—see section 405W.’. (3) Schedule, definition commencement , paragraph (c)— omit, insert— ‘(c) for part 13, division 5—see section 405L; or (d) for part 13, division 6—see section 405W.’. 2012 Act No. 10 Page 23

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 11 Amendment of Health Practitioners (Professional Standards) Act 1999 [s 29] (4) Schedule, definition former board , paragraph (b)— omit, insert— ‘(b) for part 13, division 5, see also section 405L; and (c) for part 13, division 6, see also section 405W.’. (5) Schedule, definition health practitioner registration Act , paragraphs (b) to (d)— omit, insert— ‘(b) the Speech Pathologists Registration Act 2001.’. (6) Schedule, definition profession , paragraphs (b) to (e)— omit, insert — ‘(b) for a registrant registered under the Speech PathologistsRegistrationAct2001 —the speech pathology profession; (c) for an NRAS registrant—the health profession (as defined under the National Law) in which the registrant is registered to practise under the National Law. Example — If an NRAS registrant is registered under the National Law to practise the chiropractic profession, the registrant’s profession is the chiropractic profession.’. (7) Schedule definition repealed health practitioner registration Act , first occurring— omit, insert— ‘ repealed health practitioner registration Act — (a) for part 13, division 5, see section 405L; or (b) for part 13, division 6, see section 405W.’. Page 24 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 12 Amendment of Health Practitioners (Special Events Exemption) Act 1998 [s 30] Part 12 Amendment of Health Practitioners (Special Events Exemption) Act 1998 30 Act amended This part amends the HealthPractitioners(SpecialEventsExemption) Act 1998. 31 Amendment of schedule (Dictionary) Schedule, definition health registration Act , third and fourth dot points— omit. Part 13 Amendment of Health Quality and Complaints Commission Act 2006 32 Act amended This part amends the HealthQualityandComplaintsCommission Act 2006. 33 Amendment of sch 5 (Dictionary) Schedule 5, definition State health law , paragraphs (b) to (d)— omit , insert— ‘(b) the Speech Pathologists Registration Act 2001 .’. 2012 Act No. 10 Page 25

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 14 Amendment of Mental Health Act 2000 [s 34] Part 14 Amendment of Mental Health Act 2000 34 Act amended This part amends the Mental Health Act 2000. 35 Insertion of new ch 16, pt 6 Chapter 16— insert — ‘Part 6 Validation provision for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 ‘618 Definition psychiatrist —retrospective operation and validation ‘(1) This section applies in relation to the period from the commencement of the 2010 amendment until the commencement of this section (the validation period ). Note — The 2010 amendment commenced on 1 July 2010. ‘(2) It is declared that— (a) for this Act, a person is taken to have been a psychiatrist for any time during the validation period that the person was a person mentioned in paragraph (b) of the amended definition; and (b) anything done or omitted to be done by a person is taken to be, and to have always been, as valid and lawful as it would be, or would have been, if the amended definition had been in force throughout the validation period. ‘(3) In this section— Page 26 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 15 Amendment of Nuclear Facilities Prohibition Act 2007 [s 36] 2010 amendment means the substitution of the definition psychiatrist in schedule 2 by the HealthLegislation(HealthPractitioner Regulation National Law) Amendment Act 2010 . amended definition means the definition psychiatrist in the schedule as in force immediately after the commencement of this section.’. 36 Amendment of schedule (Dictionary) (1) Schedule, definition occupational therapist— omit , insert— ‘ occupational therapist means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in the occupational therapy profession.’. (2) Schedule, definition psychiatrist— omit, insert — ‘ psychiatrist means— (a) a person registered under the HealthPractitionerRegulationNationalLaw to practise in the medical profession as a specialist registrant in the speciality of psychiatry, other than as a student; or (b) a person registered under the HealthPractitionerRegulationNationalLaw with limited registration to practise in an area of need in a specialist position in psychiatry.’. Part 15 Amendment of Nuclear Facilities Prohibition Act 2007 37 Act amended This part amends the Nuclear Facilities Prohibition Act 2007. 2012 Act No. 10 Page 27

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 16 Amendment of Radiation Safety Act 1999 [s 38] 38 Amendment of s 5 (Relationship with other Acts or laws) Section 5(2)— omit , insert— ‘(2) Nothing in this Act affects the operation of the RadiationSafety Act 1999 .’. Part 16 Amendment of Radiation Safety Act 1999 39 Act amended This part amends the Radiation Safety Act 1999. 40 Amendment of s 209 (Confidentiality of information) Section 209(3)(a)(iv)— omit, insert — ‘(iv) to a board established under a health practitioner registration Act to enable the board to perform its functions under that Act or the HealthPractitioners (Professional Standards) Act 1999 or to a board established under the Health PractitionerRegulation National Law to perform its functions under that Law; or’. 41 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition health practitioner , paragraphs (a) and (b)— omit, insert— ‘(a) a person registered under the HealthPractitionerRegulation National Law; or Page 28 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 17 Amendment of Speech Pathologists Registration Act 2001 [s 42] (b) a person registered under a health practitioner registration Act; or’. (2) Schedule 2, definition health practitioner registration Act , second, third and fourth dot points— omit. Part 17 Amendment of Speech Pathologists Registration Act 2001 42 Act amended This part amends the SpeechPathologistsRegistrationAct2001. 43 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition health practitioner registration Act , third and fourth dot points— omit. (2) Schedule 3, definition Queensland health practitioner registration Acts , second and third dot points— omit. 2012 Act No. 10 Page 29

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 18 Amendment of Transport Operations (Road Use Management) Act 1995 [s 44] Part 18 Amendment of Transport Operations (Road Use Management) Act 1995 44 Act amended This part amends the TransportOperations(RoadUseManagement) Act 1995. 45 Amendment of s 142 (Health professional’s disclosure not breach of confidence) Section 142(3), definition health professional , paragraphs (b) to (d)— omit , insert— ‘(b) a person registered under the HealthPractitionerRegulationNationalLaw to practise, other than as a student, in any of the following— (i) the occupational therapy profession; (ii) the optometry profession; (iii) the physiotherapy profession.’. Part 19 Amendment of Victims of Crime Assistance Act 2009 46 Act amended This part amends the Victims of Crime Assistance Act 2009. 47 Amendment of sch 3 (Definitions) Schedule 3, definition health practitioner , paragraphs (a)(iv) to (viii) and (b)— Page 30 2012 Act No. 10

Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 Part 20 Repeal of Acts [s 48] omit, insert — ‘(iv) the occupational therapy profession; (v) the optometry profession; (vi) the osteopathy profession; (vii) the physiotherapy profession; (viii) the podiatry profession; (ix) the psychology profession; or (b) a person registered under the SpeechPathologistsRegistration Act 2001 .’. Part 20 Repeal of Acts 48 Repeals The following Acts are repealed— • Medical Radiation Technologists Registration Act 2001, No. 8 • Occupational Therapists Registration Act 2001, No. 9. © State of Queensland 2012 2012 Act No. 10 Page 31