Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW)
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
Health Practitioner Regulation (Adoption of National Law) Regulation 2025 (227) (not commenced)
An Act to apply as a law of this State a national law relating to health practitioner regulation.
This Act is the Health Practitioner Regulation (Adoption of National Law) Act 2009.
Subject to subsection (2), this Act commences on 1 July 2010.
A proclamation made before 1 July 2010 may appoint a day that is later than 1 July 2010 as the day on which this Act commences.
In this Act—
Terms used in Part 2 and also in the Health Practitioner Regulation National Law (NSW) have the same meaning in Part 2 as they have in that Law.
The Health Practitioner Regulation National Law, as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland—
(a) applies as a law of this jurisdiction, with the modifications set out in Schedule 1, and
(b) as so applying may be referred to as the Health Practitioner Regulation National Law (NSW), and
(c) so applies as if it were a part of this Act.
If, after the commencement of this subsection, the Parliament of Queensland amends the Schedule to the Health Practitioner
Regulation National Law Act 2009 of Queensland, the amendment (the
A regulation made under subsection (2) that applies a Queensland amendment with modification may, for that purpose, amend the Schedule to this Act.
Despite the Interpretation Act 1987, section 39, a regulation made under subsection (2) may commence on the day the Queensland amendment commences, including a day that is earlier than the day the regulation is published on the NSW legislation website.
A regulation made under subsection (2) is repealed on the day after all of its provisions have commenced.
The repeal of a regulation under subsection (5) does not affect the application of the Queensland amendment, with or without modification, provided for by the regulation.
In the Health Practitioner Regulation National Law (NSW)—
It is declared that this jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3–12 of Part 8 of the Health Practitioner Regulation National Law.
Each of the following entities is declared to be an
(a) a Professional Standards Committee,
(b) a Council,
(c) a Performance Review Panel.
(d) (Repealed)
Each Council is declared to be a
The Civil and Administrative Tribunal is declared to be the
Subject to subsection (2), the following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (NSW) or to the instruments made under that Law—
(a) (Repealed)
(b) the Freedom of Information Act 1989,
(c) the Government Information (Information Commissioner) Act 2009,
(d) the Government Information (Public Access) Act 2009,
(d1) the Government Sector Audit Act 1983,
(d2) the Government Sector Finance Act 2018,
(e) the Health Records and Information Privacy Act 2002,
(f) the Interpretation Act 1987,
(g) the Ombudsman Act 1974,
(h) the Privacy and Personal Information Protection Act 1998,
(i) (Repealed)
(j) the Government Sector Employment Act 2013,
(k) the Subordinate Legislation Act 1989.
The following Acts of this jurisdiction apply to the NSW provisions of the Health Practitioner Regulation National Law (NSW) and to the instruments made under the NSW provisions—
(a) (Repealed)
(b) the Freedom of Information Act 1989,
(c) the Government Information (Information Commissioner) Act 2009,
(d) the Government Information (Public Access) Act 2009,
(d1) the Government Sector Audit Act 1983,
(d2) the Government Sector Finance Act 2018,
(e) the Health Records and Information Privacy Act 2002,
(e1) the Interpretation Act 1987,
(f) the Ombudsman Act 1974,
(g) the Privacy and Personal Information Protection Act 1998,
(h) (Repealed)
(i) the Subordinate Legislation Act 1989.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Insert after section 3—
The main guiding principle of the national registration and accreditation scheme is that the protection of the health and safety of the public must be the paramount consideration.
The other guiding principles of the national registration and accreditation scheme are as follows—
(a) the scheme is to operate in a transparent, accountable, efficient, effective and fair way;
(a1) the scheme is to ensure the development of a culturally safe and respectful health workforce that—
(i) is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and
(ii) contributes to the elimination of racism in the provision of health services;
Example— Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.
(b) fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;
(c) restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.
This section is a substituted New South Wales provision.
In the exercise of functions under a NSW provision, the protection of the health and safety of the public must be the paramount consideration.
This section is an additional New South Wales provision.
Omit the definitions of
Insert the following in alphabetical order—
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
Insert after the definition—
See section 6A of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that Professional Standards Committees, Councils and Performance Review Panels are all adjudication bodies for the purposes of the Health Practitioner Regulation National Law.
Insert after the definition—
See section 6B of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that each Council is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law.
Insert after the definition—
See section 6 of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that this jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8 of the Health Practitioner Regulation National Law. As a consequence, New South Wales is a co-regulatory jurisdiction.
Insert in alphabetical order—
(a) a provision that forms part of this Law because of a modification made by the Health Practitioner Regulation (Adoption of National Law) Act 2009; or
(b) a NSW regulation.
This definition is an additional New South Wales provision.
This definition is an additional New South Wales provision.
Insert after the definition—
See section 6C of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that the Civil and Administrative Tribunal is the responsible Tribunal for the purposes of the Health Practitioner Regulation National Law.
Insert after section 26—
For the purposes of section 26, if the Ministerial Council gives a fees policy direction that provides a registration fee is to separately identify a registration and accreditation element and a complaints element, the amount of the complaints element for registration fees payable by NSW health practitioners for a particular health profession is to be decided by the Council established for that profession, with the approval of the Minister.
The Ministerial Council gave a fees policy direction on 13 November 2009 that provided that the registration fees payable under this Law were to separately identify the registration and accreditation elements and the complaints element of the fees.
In this section—
(a) a registered health practitioner whose principal place of practice is in this jurisdiction; or
(b) an applicant for registration whose application for registration includes a declaration under section 77(3) that—
(i) the applicant will predominantly practise the profession in this jurisdiction; or
(ii) the applicant’s principal place of residence is in this jurisdiction.
This section is an additional New South Wales provision.
Insert after Part 5—
This Part is an additional New South Wales provision.
In this Part—
Each of the following Councils is established for the health profession listed beside that Council in the following Table—
Table—State Councils
Name of Council | Health profession |
Chiropractic Council of New South Wales | chiropractic |
Dental Council of New South Wales | dental (including the profession of a dentist, dental hygienist, dental prosthetist, dental therapist or oral health therapist) |
Medical Council of New South Wales | medical |
Nursing and Midwifery Council of New South Wales | nursing and midwifery |
Optometry Council of New South Wales | optometry |
Osteopathy Council of New South Wales | osteopathy |
Paramedicine Council of New South Wales | paramedicine |
Pharmacy Council of New South Wales | pharmacy |
Physiotherapy Council of New South Wales | physiotherapy |
Podiatry Council of New South Wales | podiatry |
Psychology Council of New South Wales | psychology |
This provision has been amended by orders. For the full text see the Health Practitioner Regulation National Law (NSW).
The Governor may, by order published on the NSW legislation website, amend the Table to subsection (1) by inserting, altering or omitting the name of a Council or health profession.
A Council—
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued.
A Council has all the powers of an individual and, in particular, may do anything necessary or convenient to be done in the exercise of its functions.
However, a Council cannot employ staff.
A Council has and may exercise the functions conferred or imposed on it by or under this Law or another Act.
A Council is subject to the control and direction of the Minister, except in relation to—
(a) the assessment or management of a complaint about a registered health practitioner or a student, including a decision to refer a complaint to a committee or the Tribunal; and
(b) the assessment or management of a registered health practitioner or student who was or is the subject of a complaint or whose registration is subject to a condition, including a decision to refer a matter concerning the practitioner or student to the Tribunal; and
(c) the terms of a recommendation by the Council; and
(d) the contents of a report of the Council.
Each Council consists of the members prescribed by the NSW regulations.
A Council may establish committees to assist it in connection with the exercise of any of its functions.
The members of a committee need not be members of the Council.
The procedure for the calling of meetings of a committee and for the conduct of business at the meetings is—
(a) as decided by the Council; or
(b) subject to a decision of the Council, as decided by the committee.
A Council may appoint any 2 or more members of the Council to exercise the functions of the Council under Division 3 of Part 8.
The referral of a complaint by the members appointed is taken to be a referral by the Council.
The annual reporting information prepared for a Council under the Government Sector Finance Act 2018 must include particulars of the following for the annual reporting period to which it relates—
(a) all complaints received by the Council during the period or received by the Council before that period but which, in the Council’s opinion had not, at the start of the period, been finally disposed of;
(b) the action taken during the period in relation to complaints received by the Council and the results of that action up to the end of that period;
(c) all matters referred to a Performance Review Panel for performance review during the period, or referred to a Panel before the period but which, in the Council’s opinion had not, at the start of the period, been finally disposed of;
(d) the results of all performance reviews conducted by Performance Review Panels that were finally disposed of during the period.
Two or more Councils may decide to prepare joint annual reporting information under the Government Sector Finance Act 2018.
This section does not require the identity of a complainant, a person who notifies a professional performance matter to a Council, a person about whom a complaint is made or who is the subject of a performance review or any other person to be disclosed in annual reporting information.
A Council for a health profession must ensure the following information, in relation to a registered health practitioner registered in the profession, is made available to the public on request—
(a) any conditions imposed on the registration of the practitioner;
(b) any other order made in respect of the practitioner under this Law.
Without limiting subsection (1), the Council is taken to have complied with that subsection if the information is available on the Register kept by the National Board for the health profession.
This section does not require a Council to disclose anything the Council considers relates solely or principally to the physical or mental capacity of a person to practise the person’s profession.
A Council may delegate to a person the exercise of any of its functions, other than this power of delegation.
An Executive Officer of a Council may delegate to a person the exercise of—
(a) any of the functions of the Executive Officer under this Law, other than this power of delegation; or
(b) any functions delegated to the Executive Officer by the Council, unless the Council otherwise provides in its instrument of delegation to the Executive Officer.
In this section, a reference to a person includes a reference to a group of persons, including a committee.
A document (other than a complaint made under Part 8) may be served on a Council by leaving it at or sending it by post to an office of the Council.
This does not affect the operation of any provision of a law or of the rules of a court authorising a document to be served on a Council in another way.
A certificate, summons, process, demand, order, notice, statement, direction or other document requiring authentication by a Council may be sufficiently authenticated without the seal of the Council if signed by—
(a) the President or the Executive Officer of the Council; or
(b) an officer of the Council authorised to do so by the Executive Officer.
A charge, fine, fee or other money due to a Council may be recovered by the Council as a debt in a court of competent jurisdiction.
In any legal proceedings, proof is not required (until evidence is given to the contrary) of—
(a) the establishment of a Council; or
(b) any resolution of a Council; or
(c) the appointment of, or the holding of office by, a member of a Council; or
(d) the presence of a quorum at a meeting of a Council.
The Minister may, if satisfied that a Council is not financially viable, make either or both of the following directions—
(a) a direction in writing to the Council that the Council delegate such of its functions as are specified in the direction to another Council, or to a person, designated by the Minister in the direction;
(b) a direction in writing to the Executive Officer of the Council that the Executive Officer delegate such of the Executive Officer’s functions as are specified in the direction to a person designated by the Minister in the direction.
The Council or Executive Officer must comply with any such direction.
The NSW regulations may modify the functions of a Council (including modification of any of the Council’s auditing or reporting requirements) as a consequence of—
(a) any direction under subsection (1), or
(b) the financial non-viability of the Council.
Any such regulation may not be made in relation to a Council unless the Minister has certified that, in the opinion of the Minister, the Council is not financially viable.
Any direction by the Minister under subsection (1) is to be made publicly available.
In the exercise of any of its functions under Part 8 with respect to a complaint about a registered health practitioner or a student, a Council must have regard to any of the following matters, to the extent the Council reasonably considers the matter to be relevant to the complaint—
(a) another complaint or notification about the practitioner or student made to the Council or the National Agency, or made to a former Board under a repealed Act, including a complaint—
(i) in respect of which the Council, the Commission or a National Board has decided no further action should be taken; and
(ii) that is not required to be referred, or that the Council or the Commission decides not to refer, under Division 3 of Part 8;
(b) a previous finding or decision of a Council inquiry in relation to the practitioner or student;
(c) a previous finding or decision of a board inquiry, professional standards committee or a tribunal established under a repealed Act in respect of the practitioner or student;
(d) a written report made by an assessor following an assessment of the practitioner’s professional performance;
(e) a recommendation made, or written statement of decision on a performance review provided, by a Performance Review Panel in relation to the practitioner.
A Council may exercise any of its functions under this Law with respect to a registered health practitioner or student with the written consent of the practitioner or student.
A function exercised by the Council with the consent of the registered health practitioner or student may be exercised even though a condition otherwise required to be met or procedures otherwise required to be followed before its exercise have not been met or followed.
If the registered health practitioner or student withdraws the practitioner’s or student’s consent, the Council must take the action necessary to give effect to the withdrawal.
There is an Executive Officer of each Council.
The Executive Officer—
(a) is responsible, as the chief executive officer of the Council, for the management of the affairs of the Council subject to any directions of the Council; and
(b) has and may exercise other functions conferred or imposed on the Executive Officer by or under this Law or any other Act.
The Executive Officer of a Council must keep a record of—
(a) all proceedings and decisions of Committees to which the Council refers matters; and
(b) (Repealed)
(c) all inquiries held by the Council.
The Executive Officer of a Council must give to the Health Administration Corporation constituted under the Health Administration Act 1982, for payment into an account established under section 13A of that Act, all money received by the Council.
A Council may establish an account named the ‘[name of Council] Education and Research Account’.
The Council must pay into its Education and Research Account the amounts decided by the Minister from time to time.
The Minister may not decide an amount under this section without first consulting with the Council.
Money in the Education and Research Account may be expended by the Council for or towards the following purposes—
(a) any purpose relating to education and research about the health, performance and conduct of registered health practitioners or students registered in the health profession for which the Council is established;
(b) meeting administrative expenditure incurred with respect to the Education and Research Account and the purposes for which it is used.
An expenditure of money under this section must not be made unless it is authorised by a resolution of the Council supported by two-thirds of the members of the Council.
The reasonable expenses of the Medical Services Committee established under the Health Administration Act 1982 are to be paid out of the account established under section 13A of that Act for the Medical Council of New South Wales.
Insert after the heading to the Subdivision—
See also Schedule 5F which contains New South Wales provisions providing for specific restrictions in relation to the control of pharmacies.
Insert after section 121—
A dentist must not carry out any procedure forming part of the practice of dentistry on a patient to whom a general anaesthetic has been administered unless the general anaesthetic has been administered by a registered medical practitioner who—
(a) holds specialist registration in anaesthesia; or
(b) is accredited for the purposes of administering any general anaesthetic at a public or private hospital at which surgery may lawfully be carried out.
Maximum penalty—200 penalty units.
A dentist must not administer simple sedation by the intravenous route unless the dentist—
(a) has been endorsed by the Dental Board of Australia to administer sedation; and
(b) is assisted by another person who is either—
(i) a registered nurse who has received training in intensive care or anaesthesia; or
(ii) a dentist, appropriately trained in the observation and monitoring of sedated patients and in resuscitation, whose sole responsibility in assisting is to monitor the level of consciousness and cardio-respiratory function of the patient and to administer resuscitation if necessary.
Maximum penalty—200 penalty units.
In this section—
(a) unaware of the patient’s surroundings; and
(b) unable to retain reflex control of the airway; and
(c) incapable of understanding and obeying a spoken command.
(a) the patient does not lose consciousness; and
(b) the drug and techniques used have a margin of safety wide enough to render unintended loss of consciousness unlikely.
This section is an additional New South Wales provision.
Insert after section 127A—
The Council for the health profession in which the relevant practitioner or student is registered is declared to be the review body for the purposes of section 127A.
A Council, in deciding a matter referred to it under section 127A, must do so in accordance with this section.
A Council may inquire into and decide the matter on its own motion or on the application of the relevant practitioner or student.
An application may not be made—
(a) while the terms of the condition or undertaking provide that an application for review may not be made; or
(b) while an appeal to the Tribunal or the Supreme Court in respect of the same matter is pending.
A Council, following its inquiry into a matter, may do any of the following—
(a) in the case of an inquiry initiated by an application, dismiss the application;
(b) in the case of an inquiry initiated by the Council, decide to do nothing;
(c) in the case of an inquiry in relation to an undertaking, decide to revoke the undertaking or revoke the undertaking and impose a condition on similar or different terms as the undertaking;
(d) in the case of an inquiry in relation to a condition, decide to remove the condition, change the condition or remove the condition and impose a new condition.
This section is an additional New South Wales provision.
Insert after section 129 (1)—
See also the Health Care Liability Act 2001 which provides that medical practitioners practising in New South Wales must be covered by approved professional indemnity insurance within the meaning of that Act.
Insert after section 136—
A person must not direct or incite a registered health practitioner to do anything, in the course of the practitioner’s practice of the health profession, that amounts to unsatisfactory professional conduct.
Maximum penalty—
(a) for an individual—$60,000, or
(b) for a body corporate—$120,000.
Subsection (1) does not apply to a person who is the owner or operator of a public health facility.
In this section—
This section is an additional New South Wales provision.
Insert after the heading to the Part—
This Part, other than Division 2, is a substituted New South Wales provision.
Omit the Division. Insert instead—
In this Part—
(a) an Assessment Committee; or
(b) a Professional Standards Committee.
(a) indicates that—
(i) confidential information is not included in a statement required to be given to a person under this Law; or
(ii) a statement required to be given to a person under this Law will not be provided; and
(b) gives the reason the confidential information is not included or the statement will not be provided.
(a) the Tribunal; or
(b) a Council; or
(c) a Performance Review Panel; or
(d) a Professional Standards Committee.
(a) a finding that an offence has been proved without proceeding to a conviction; or
(b) a finding that an offence has been proved and the discharging of, or the making of an order releasing, the offender conditionally on entering into a good behaviour bond for a specified period or on other conditions decided by the court.
(a) the Drug Misuse and Trafficking Act 1985 or regulations under that Act; or
(b) the Poisons and Therapeutic Goods Act 1966 or regulations under that Act.
(a) the Minister administering this Law; or
(b) if different Ministers are administering the Law in different respects or different portions of the Law, the Minister administering the Law in the relevant respect or administering the relevant portion of the Law.
(a) provides a service in circumstances in which provision of the service is unnecessary, not reasonably required or excessive; or
(b) engages in conduct prescribed by the NSW regulations as constituting overservicing.
(a) a report prepared by an Impaired Registrants Panel for a Council;
(b) a report prepared by an assessor for a Council or Performance Review Panel;
(c) a report prepared by a registered health practitioner about an examination conducted under section 145E, 152B or 152C;
(d) a report prepared by a registered health practitioner for a Council in connection with an examination of a person by the health practitioner as required by a condition of registration or an order imposed by an adjudication body on the person;
(e) a report prepared by a registered health practitioner for a Council under a request made by a person to the health practitioner in connection with a matter being dealt with by an Impaired Registrants Panel;
(f) a report prepared, under clause 12 of Schedule 5B, by a person giving expert advice to a Performance Review Panel.
(a) Chiropractors Act 2001;
(b) Dental Practice Act 2001;
(c) Medical Practice Act 1992;
(d) Nurses and Midwives Act 1991;
(e) Optometrists Act 2002;
(f) Osteopaths Act 2001;
(g) Pharmacy Practice Act 2006;
(h) Physiotherapists Act 2001;
(i) Podiatrists Act 2003;
(j) Psychologists Act 2001.
(a) sexual activity;
(b) sexual touching or sexual acts within the meaning of Division 10 of Part 3 of the Crimes Act 1900;
(c) child pornography or child abuse material (within the meaning of the Crimes Act 1900);
(d) physical violence or the threat of physical violence.
A term defined in subsection (1) for this Part and also used in another NSW provision has the same meaning in the other NSW provision as it has in this Part.
A person is
(a) has sufficient physical capacity, mental capacity, knowledge and skill to practise the profession; and
(b) has sufficient communication skills for the practice of the profession, including an adequate command of the English language.
Information is
(a) it has not previously been published or made available to the public when the statement of the decision to which it is or may be relevant is being prepared;
(b) it relates to the personal or business affairs of a person other than a person to whom the statement is required to be provided or would be required to be provided but for the fact that it contains confidential information;
(c) it was supplied in confidence;
(d) its publication would reveal a trade secret;
(e) it was provided in compliance with a duty imposed by or under an Act;
(f) its inclusion in the statement would be a contravention of an Act;
(g) it is a protected report or would reveal the contents of a protected report.
(a) Conduct significantly below reasonable standard Conduct that demonstrates the knowledge, skill or judgment possessed, or care exercised, by the practitioner in the practice of the practitioner’s profession is significantly below the standard reasonably expected of a practitioner of an equivalent level of training or experience.
(b) Contravention of this Law or regulations A contravention by the practitioner (whether by act or omission) of a provision of this Law, or the regulations under this Law or under the NSW regulations, whether or not the practitioner has been prosecuted for or convicted of an offence in respect of the contravention.
(c) Contravention of conditions of registration or undertaking A contravention by the practitioner (whether by act or omission) of—
(i) a condition to which the practitioner’s registration is subject; or
(ii) an undertaking given to a National Board.
(d) Failure to comply with decision or order of Committee or the Tribunal A contravention by the practitioner (whether by act or omission) of a decision or order made by a Committee or the Tribunal in relation to the practitioner.
(e) Contravention of requirement under Health Care Complaints Act 1993 A contravention by the practitioner of section 21A(3), 34A(4) or 63G(4) of the Health Care Complaints Act 1993.
(f) Accepting benefit for referral or recommendation to health service provider Accepting from a health service provider (or from another person on behalf of the health service provider) a benefit as inducement, consideration or reward for—
(i) referring another person to the health service provider; or
(ii) recommending another person use any health service provided by the health service provider or consult with the health service provider in relation to a health matter.
(g) Accepting benefit for recommendation of health product Accepting from a person who supplies a health product (or from another person on behalf of the supplier) a benefit as inducement, consideration or reward for recommending that another person use the health product, but does not include accepting a benefit that consists of ordinary retail conduct.
(h) Offering a benefit for a referral or recommendation Offering or giving a person a benefit as inducement, consideration or reward for the person—
(i) referring another person to the registered health practitioner; or
(ii) recommending to another person that the person use a health service provided by the practitioner or consult the practitioner in relation to a health matter.
(i) Failure to disclose financial interest in giving referral or recommendation Referring a person to, or recommending that a person use or consult—
(i) another health service provider; or
(ii) a health service; or
(iii) a health product;
if the practitioner has a financial interest in giving that referral or recommendation, unless the practitioner discloses the nature of the interest to the person before or at the time of giving the referral or recommendation.
(j) Engaging in overservicing Engaging in overservicing.
(k) Supervision of assistants Permitting an assistant employed by the practitioner (in connection with the practitioner’s professional practice) who is not a registered health practitioner to attend, treat or perform operations on patients in respect of matters requiring professional discretion or skill.
(l) Other improper or unethical conduct Any other improper or unethical conduct relating to the practice or purported practice of the practitioner’s profession.
For the purposes of subsection (1)(i), a registered health practitioner has a
(a) if the health service provider, or the supplier of the health product, to which the referral or recommendation relates is a public company and the practitioner holds 5% or more of the issued share capital of the company; or
(b) if the health service provider, or the supplier of the health product, to which the referral or recommendation relates is a private company and the practitioner has any interest in the company; or
(c) if the health service provider, or the supplier of the health product, to whom the referral or recommendation relates is a natural person who is a partner of the practitioner; or
(d) in any circumstances prescribed by the NSW regulations.
For avoidance of doubt, a reference in this section to a referral or recommendation that is given to a person includes a referral or recommendation that is given to more than one person or to persons of a particular class.
In this section—
In addition to the matters referred to in section 139B,
(a) Criminal convictions and criminal findings Conduct that results in the medical practitioner being convicted of or being made the subject of a criminal finding for any of the following offences—
(i) an offence under section 102 of the Mental Health Act 2007;
(ii) an offence under section 175 of the Children and Young Persons (Care and Protection) Act 1998;
(iii) an offence under section 35 of the Guardianship Act 1987;
(iv) an offence under section 128A, 128B, 129 or 129AA of the Health Insurance Act 1973 of the Commonwealth;
(v) an offence under section 58 of the Private Health Facilities Act 2007.
(b) Assisting unregistered practitioners By the medical practitioner’s presence, countenance, advice, assistance or co-operation, knowingly enable a person who is not a medical practitioner (whether or not that person is described as an assistant) or is not otherwise authorised by a National Board to—
(i) perform operative surgery (as distinct from manipulative surgery) on a patient in respect of any matter requiring professional discretion or skill; or
(ii) issue or procure the issue of a certificate, notification, report or other like document, or to engage in professional practice, as if the person were a medical practitioner.
(c) Failing to render urgent attention Refusing or failing, without reasonable cause, to attend (within a reasonable time after being requested to do so) on a person for the purpose of rendering professional services in the capacity of a medical practitioner if the practitioner has reasonable cause to believe the person is in need of urgent attention by a medical practitioner, unless the practitioner has taken all reasonable steps to ensure that another medical practitioner attends instead within a reasonable time.
In addition to the matters referred to in section 139B,
(a) practising pharmacy for remuneration at a pharmacy in the course of employment by, or in association with, a non-pharmacist;
(b) the supply of precursor drugs, or preparations, admixtures, extracts or other substances containing a proportion of precursor drugs, by the pharmacist in circumstances in which the supply of the drugs, preparations, admixtures, extracts or other substances is unnecessary, not reasonably required, or excessive;
(c) if the pharmacist is the owner of, or otherwise has a financial interest in, a pharmacy business, failing to display at or near the main entrance of each premises in which the business is carried on the owner’s name;
(d) if the pharmacist is the pharmacist in charge of a pharmacy, failing to display adjacent to the area where dispensing is carried on in the pharmacy the name of the pharmacist in charge followed by the words “PHARMACIST IN CHARGE”;
(e) if the pharmacist is the owner of, or otherwise has a financial interest in, a pharmacy business, failing to ensure drug price information displayed in premises in which the business is carried on does not contravene the Price Information Code of Practice (within the meaning of Schedule 5F).
For the purposes of subsection (1)(c) and (e), the owner of a pharmacy business includes—
(a) a pharmacist who has a financial interest in the pharmacy business; and
(b) a pharmacist who is nominated by the owner of the pharmacy business as being responsible for the matters referred to in clause 6(2)(c) or 7(2) of Schedule 5F.
In this section—
(a) the Crown;
(b) a public health organisation or a charitable or philanthropic institution;
(c) a pharmacists’ partnership or pharmacists’ body corporate;
(d) a friendly or other society that owns a pharmacy business as permitted by clause 6 of Schedule 5F;
(e) a body corporate that owns or carries on a pharmacy business under clause 7 of Schedule 5F;
(f) a person who has a financial interest in a pharmacy business as referred to in clause 5(4) or (5) of Schedule 5F and who carries on that business;
(g) a person who, in assuming the administration of the property of another person under a security interest granted in respect of that other person’s pharmacy business, carries on that pharmacy business.
For the purposes of this Law,
(a) unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner’s registration; or
(b) more than one instance of unsatisfactory professional conduct that, when the instances are considered together, amount to conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner’s registration.
In Subdivisions 1–6 of Division 3 and in Subdivisions 1 and 2 of Division 6, a reference to a complaint includes a reference to a matter arising out of the investigation of a complaint in accordance with this Law or another Act.
This section applies if a person was, but is no longer, registered in a health profession under this Law.
A notification may be made, and proceedings may be taken, under this Part in relation to the person’s behaviour while registered as if the person were still registered under this Law by the National Board established for the health profession.
For the purposes of subsection (2), this Part (other than Division 2) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person.
This section is a Health Practitioner Regulation National Law provision.
This section applies if a person—
(a) was registered in a health profession under a corresponding prior Act; and
(b) is not, and has not been, registered in the health profession under this Law.
A notification may be made, and proceedings may be taken, under this Part in relation to the person’s behaviour while registered under the corresponding prior Act as if the person were registered under this Law by the National Board established for the health profession.
However, subsection (2) applies only to the extent—
(a) a notification about the person’s behaviour could have been made under the corresponding prior Act; and
(b) proceedings of that type could have been taken under the corresponding prior Act.
For the purposes of subsection (2), this Part (other than Division 2) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person.
This section is a Health Practitioner Regulation National Law provision.
A notice under section 130 is taken to be a complaint both for the purposes of this Part and for the purposes of the Health Care Complaints Act 1993 (including sections 96 and 98 of that Act).
A National Board must, within 3 business days of receiving a notice under section 130 from a registered health practitioner or student to whom the following applies, provide the Council for the health profession in which the practitioner or student is registered with a copy of the notice—
(a) for a registered health practitioner—
(i) the relevant event the subject of the notice, or the matters to which the relevant event relates, occurred in or relates to New South Wales; or
(ii) the principal place of practice of the registered health practitioner is in New South Wales;
(b) for a student—the relevant event the subject of the notice, or the matters to which the relevant event relates, occurred in or relates to New South Wales.
In this section—
Insert after the heading to the Division—
This Division is a Health Practitioner Regulation National Law provision.
Insert after section 142—
If an employer is required to report the same conduct under section 142 and under section 117A of the Health Services Act 1997, compliance with either section, or with alternative reporting requirements approved by the Secretary, satisfies the requirements of both those sections.
If an employer is required to report the same conduct under section 142 and under section 99A of the Health Services Act 1997, compliance with either section, or with alternative reporting requirements approved by the Secretary, satisfies the requirements of both those sections.
This section is an additional New South Wales provision.
Insert after section 143—
A mandatory notification is taken to be a complaint both for the purposes of this Part and for the purposes of the Health Care Complaints Act 1993 (including sections 96 and 98 of that Act).
This section is an additional New South Wales provision.
Omit Divisions 3–14. Insert instead—
The following complaints may be made about a registered health practitioner—
(a) Criminal conviction or criminal finding A complaint the practitioner has, either in this jurisdiction or elsewhere, been convicted of or made the subject of a criminal finding for an offence.
(b) Unsatisfactory professional conduct or professional misconduct A complaint the practitioner has been guilty of unsatisfactory professional conduct or professional misconduct.
(c) Lack of competence A complaint the practitioner is not competent to practise the practitioner’s profession.
(d) Impairment A complaint the practitioner has an impairment.
(e) Suitable person A complaint the practitioner is otherwise not a suitable person to hold registration in the practitioner’s profession.
The following complaints may be made about a student—
(a) Offences A complaint the student has, either in this jurisdiction or elsewhere, been charged with an offence, or has been convicted of or made the subject of a criminal finding for an offence, that is punishable by 12 months imprisonment or more.
(b) Impairment A complaint the student has an impairment.
(c) Contravention of conditions A complaint that the student has contravened a condition of the student’s registration or an undertaking given by the student to a National Board.
Any person can make a complaint.
A complaint may also be made by a Council or the Secretary.
A complaint may be made to a Council or the Commission.
A complaint, other than a complaint made by a Council or the Secretary, must—
(a) be in writing; and
(b) contain particulars of the allegations on which it is founded.
A complaint need not be made in terms that are strictly consistent with the terminology of section 144 or 144A.
A Council or the Commission may consider and investigate a complaint that does not comply with the requirements of subsection (1) but must not refer the complaint under Subdivision 2 until the requirements are complied with.
A complaint made to a Council must be lodged with the Executive Officer of the Council.
A complaint made to the Commission is, in accordance with section 9 of the Health Care Complaints Act 1993, to be lodged with the Commission.
A Council or the Commission may require the complainant to provide further particulars of a complaint.
A Council must, as soon as practicable after a complaint is made to or by the Council about a registered health practitioner or student, notify the following persons about the complaint or matter—
(a) the Commission;
(b) the National Board for the health profession in which the registered health practitioner or student is registered.
All complaints are to be dealt with expeditiously.
Before any action is taken on a complaint, a Council and the Commission must consult to see if agreement can be reached between them as to the course of action to be taken concerning the complaint.
Division 2 of Part 2 of the Health Care Complaints Act 1993 applies to the consultation, despite the other provisions of this Subdivision.
The following courses of action are available to a Council in respect of a complaint—
(a) the Council may make any inquiries about the complaint the Council thinks appropriate;
(b) the Council may refer the complaint to the Commission for investigation;
(c) the Council may refer the complaint to the Tribunal;
(d) the Council may refer the complaint to a Committee;
(e) for a complaint about a health practitioner or student who is registered in a health profession other than the medical or nursing and midwifery profession, the Council may deal with the complaint by inquiry at a meeting of the Council;
(f) the Council may—
(i) refer the practitioner or student for a health assessment; or
(ii) refer the matter to an Impaired Registrants Panel; or
(iii) refer the professional performance of the practitioner concerned for a performance assessment;
(g) the Council may direct the practitioner or student concerned to attend counselling;
(h) the Council may refer the complaint to the Commission for conciliation or to be dealt with under Division 9 of Part 2 of the Health Care Complaints Act 1993;
(i) the Council may refer the complaint to another entity, including, for example, a National Board;
(j) the Council may determine that no further action should be taken in respect of the complaint.
The Commission must, on receipt of a complaint referred by a Council for investigation, investigate the complaint or cause it to be investigated.
If a Council makes a referral under subsection (1)(f), the matter ceases to be a complaint for the purposes of this Law and the Health Care Complaints Act 1993.
Subsection (3) ceases to apply in respect of any matter that a Council subsequently deals with as a complaint.
This section applies to a Council for a health profession with respect to any of the following outcomes (a
(a) if the Council deals with a complaint by inquiry at a meeting of the Council under section 145B (1) (e)—the result of the inquiry;
(b) if the Council refers a health practitioner (or a matter concerning the practitioner’s health or professional performance) for assessment under section 145B (1) (f)—any action resulting from the assessment (including the imposition of conditions on the health practitioner’s registration);
(c) a decision of the Council to take action under section 145B (1) (g), (h), (i) or (j) in respect of a complaint.
The Council must give the complainant notice in writing of a notifiable outcome within 30 days after the outcome.
The Council may include such other information in the notice in addition to indicating the outcome as it considers appropriate.
However, the Council must not disclose confidential information in a notice unless it considers that the public interest in disclosing the information outweighs the public interest in protecting the confidentiality of the information and the privacy of any person to whom it relates.
For avoidance of doubt, section 145B (3) does not affect the obligation of a Council under this section to give notice of a notifiable outcome of the kind referred to in subsection (1) (b).
The following courses of action are available to the Commission in respect of a complaint made to the Commission, or that the Commission has decided to make, about a registered health practitioner or student—
(a) the Commission may refer the complaint to the Council for the health profession in which the practitioner or student is registered or, after consultation with a Council, to a Committee or the Tribunal;
(b) the Commission may refer the complaint for conciliation or deal with the complaint under Division 9 of Part 2 of the Health Care Complaints Act 1993;
(c) the Commission may refer the complaint to another entity, including, for example, a National Board;
(d) the Commission may determine that no further action should be taken in respect of the complaint;
(e) the Commission may take any other action that it can take under the Health Care Complaints Act 1993.
If the Commission refers a complaint to a Committee or the Tribunal, the Commission must inform the Council accordingly.
Both a Council for a health profession and the Commission are under a duty to refer a complaint to the Tribunal if, at any time, either forms the opinion that it may, if substantiated, provide grounds for the suspension or cancellation of a registered health practitioner’s or student’s registration.
However, either the Council or the Commission may decide not to refer the complaint to the Tribunal if of the opinion the allegations on which the complaint is founded (and on which any other pending complaint against the registered health practitioner or student is founded) relate solely or principally to—
(a) for a practitioner, the physical or mental capacity of the practitioner to practise the practitioner’s profession; or
(b) for a student, the physical or mental capacity of the student to undertake clinical training in the health profession in which the student is registered.
If the Council decides not to refer the complaint to the Tribunal, the Council must instead refer the complaint to a Committee or Impaired Registrants Panel.
If the Commission decides not to refer the complaint to the Tribunal, the Commission must instead refer the complaint to the Council.
This section does not require the Council or the Commission to refer a complaint the Council or Commission thinks is frivolous or vexatious.
A referral under this section is an application made to the Tribunal for a general decision for the purposes of the Civil and Administrative Tribunal Act 2013.
A Council may, by written notice given to a registered health practitioner or student against whom a complaint has been made, direct the practitioner or student to undergo an examination by a specified registered health practitioner at a specified reasonable time and place.
A registered health practitioner or student must not be directed to undergo an examination under subsection (1) unless it is reasonable to require the examination, given the nature of the complaint against the practitioner or student.
The fee charged by the specified registered health practitioner for the examination is at the expense of the Council.
A failure by a registered health practitioner or student, without reasonable excuse, to comply with a direction under section 145B to attend counselling or under section 145E to undergo an examination is, for the purposes of this Law and any inquiry or appeal under this Law, evidence that the practitioner or student—
(a) for a registered health practitioner, does not have sufficient physical or mental capacity to practise the health profession in which the practitioner is registered; or
(b) for a student, does not have sufficient physical or mental capacity to undertake clinical training in the health profession in which the student is registered.
A complaint can be referred to a Committee or the Tribunal, and dealt with by the Committee or Tribunal, even though the practitioner or student concerned is the subject of proposed or current criminal or civil proceedings relating to the subject-matter of the complaint.
A complaint is not to be referred under this Subdivision if the registered health practitioner or student concerned is dead.
A Council or the Commission may decide not to refer a complaint under this Subdivision if the registered health practitioner or student concerned has ceased to be registered.
A Council or the Commission may decide not to refer a complaint under this Subdivision if the complainant has failed to provide further particulars in response to a request by the Council or the Commission.
In this Subdivision—
(a) medical profession; or
(b) nursing and midwifery profession.
A Committee may exercise any power conferred on it by this Subdivision if it finds the subject-matter of a complaint against a relevant health practitioner to have been proved or the relevant health practitioner who is the subject of the complaint admits to it in writing to the Committee.
A Committee may do one or more of the following in relation to a relevant health practitioner the subject of a complaint referred to it—
(a) caution or reprimand the practitioner;
(b) impose the conditions it considers appropriate on the practitioner’s registration;
(c) order that the practitioner seek and undergo medical or psychiatric treatment or counselling (including, but not limited to, psychological counselling);
(d) order that the practitioner complete an educational course specified by the Committee;
(e) order that the practitioner report on the practitioner’s practice at the times, in the way and to the persons specified by the Committee;
(f) order that the practitioner seek and take advice, in relation to the management of the practitioner’s practice, from the persons specified by the Committee.
If the relevant health practitioner is not registered, a direction may still be given under this section but has effect only so as to require the conditions concerned to be imposed when the health practitioner is registered.
If a Committee acting under this section makes an order or directs that any condition be imposed on a health practitioner’s registration, the Committee may order that a contravention of the order or condition will result in the health practitioner’s registration in the health profession being cancelled.
The order or condition concerned is then a
A Committee may by order impose a fine of an amount of not more than 50 penalty units on a relevant health practitioner the subject of a complaint referred to the committee.
A fine is not to be imposed unless—
(a) the Committee finds the relevant health practitioner to have been guilty of unsatisfactory professional conduct; and
(b) the Committee is satisfied there is no other order, or combination of orders, that is appropriate in the public interest.
A fine is not to be imposed if a fine or other penalty has already been imposed by a court in respect of the conduct.
A fine must be paid within the time specified in the order imposing the fine and must be paid to the Council.
A Committee may recommend that a relevant health practitioner’s registration be suspended for a specified period or that the practitioner’s registration be cancelled if the Committee is satisfied the practitioner does not have sufficient physical or mental capacity to practise the practitioner’s profession.
If the relevant health practitioner is no longer registered, a recommendation may be made under this section that the person be disqualified from being registered.
The Committee makes its recommendation by referring the matter, with its recommendation and the material on which it relied in making its recommendation, to the Tribunal.
The Tribunal may—
(a) make an order in the terms recommended; or
(b) may make another order about the suspension or cancellation of the registration of the relevant health practitioner as the Tribunal thinks proper based on the findings of the Committee.
An order under this section may also provide that an application for review of the order under Division 8 may not be made until after a specified time.
Instead of making an order under this section, the Tribunal may exercise any power of a Committee under this Subdivision.
If a Council for a health profession reasonably believes a relevant health practitioner has contravened any conditions imposed under a direction made by a Committee under this Subdivision, it may refer the matter to the Tribunal.
If the Tribunal finds the failure proved, it may exercise any power conferred on it by Subdivision 6.
In this Subdivision—
(a) medical profession; or
(b) nursing and midwifery profession.
A Council may refer a complaint to a Committee only if—
(a) the complaint is about a relevant health practitioner; and
(b) the Commission has decided not to investigate the complaint or following an investigation has decided not to refer the complaint to the Tribunal.
A complaint may not be referred to a Committee if it is a complaint that—
(a) the relevant health practitioner is not of good character; or
(b) the relevant health practitioner has been convicted of or made the subject of a criminal finding for an offence.
This section does not limit the Committee in the exercise of its functions under this Subdivision in relation to any matter that arises in the course of the Committee’s investigation of a complaint.
If a complaint is referred to a Committee, the Committee must investigate the complaint.
A Committee may obtain the medical, legal, financial or other advice it thinks necessary or desirable to enable it to exercise its functions.
Advice obtained by a Committee under subsection (2) may not, unless otherwise ordered by the Council, be admitted or used in civil proceedings before a court and a person may not be compelled to produce the advice or to give evidence in relation to the advice in civil proceedings.
(Repealed)
A Council may direct a Committee to require the relevant health practitioner the subject of the complaint referred to the Committee to undergo skills testing.
The Committee must, by written notice given to the relevant health practitioner, require the health practitioner to undergo skills testing by an appropriately qualified person specified in the notice, at the reasonable time and place specified in the notice.
A failure by the relevant health practitioner, without reasonable excuse, to comply with the notice is, for the purposes of this Part or any inquiry or appeal under this Law, evidence the health practitioner does not have sufficient skill to practise the health profession in which the health practitioner is registered.
A person who conducts skills testing for the purposes of this section must report to the Committee on the results of the testing.
The Committee must give a copy of the report to the relevant health practitioner.
A person must not, directly or indirectly, make a record of or divulge to any person any information contained in a report to a Committee under this section that has come to the person’s notice in the exercise of the person’s functions under this Law, other than for the purpose of exercising the person’s functions under this Law.
Maximum penalty—50 penalty units.
A person cannot be required in civil proceedings in any court to produce or permit access to a report made to a Committee under this section or to divulge the contents of the report.
In this section—
A Committee’s report to a Council may include the recommendations about the complaint the Committee considers appropriate, including any of the following—
(a) a recommendation that the Council deal with the complaint by inquiry at a meeting of the Council as a complaint of unsatisfactory professional conduct;
(b) a recommendation that the Council direct the relevant health practitioner to attend counselling;
(c) a recommendation that the Council dismiss the complaint.
The Council must give the relevant health practitioner and the Commission a copy of the Committee’s report as soon as practicable after the report is made.
The Council must—
(a) if the Committee recommends that the Council deal with the complaint by inquiry at a meeting of the Council as a complaint of unsatisfactory professional conduct, comply with the recommendation; or
(b) otherwise, allow the Commission and the relevant health practitioner, not less than 21 days after they have been given a copy of the Committee’s report and recommendations, to make submissions about the report and recommendations.
After considering the Committee’s report and recommendations and any submissions made by the Commission or relevant health practitioner, the Council must proceed to deal with the complaint as provided by section 145B.
See section 145D which provides that both Council and the Commission have a duty to refer a complaint to the Tribunal if, at any time, either of them is of the opinion that the complaint, if substantiated, would provide grounds for the suspension or cancellation of the relevant health practitioner’s registration.
A complainant and the relevant health practitioner the subject of the complaint are not entitled to be legally represented at an appearance before a Committee.
This Subdivision does not apply to a complaint about a health practitioner or student registered in—
(a) the medical profession; or
(b) the nursing and midwifery profession.
If a Council decides to deal with a complaint about a registered health practitioner or student by inquiry at a meeting of the Council, the meeting must be held in accordance with Part 3 of Schedule 5C and this Subdivision.
The Council may be assisted by a legal practitioner when dealing with the complaint at a meeting of the Council.
The Council must give the Commission a copy of any submission made to the Council by the registered health practitioner or student in respect of the complaint or in respect of any recommendation of the Committee concerning the complaint.
The procedure for the calling of a meeting to deal with a complaint and for the conduct of the meeting is, subject to this Law and the NSW regulations, to be decided by the Council.
At the meeting to deal with the complaint, the Council—
(a) may inform itself on any matter in the way it thinks fit; and
(b) may receive written or oral submissions; and
(c) must proceed with as little formality and technicality, and as much expedition, as the requirements of this Law and the proper consideration of the complaint permit; and
(d) is not bound by rules of evidence; and
(e) may proceed to deal with the complaint in the absence of the registered health practitioner or student.
The registered health practitioner or student is entitled to attend the meeting at which the complaint is dealt with and to make submissions to the Council.
The Committee may, if the Council so requires, make a submission to the Council with respect to the complaint and may for that purpose attend the meeting at which the complaint is dealt with.
The Council must give the Commission the opportunity to make a submission to the Council with respect to the complaint and the Commission may for that purpose attend the meeting at which the complaint is dealt with.
The Committee or the Commission may not be present at the meeting except while actually making a submission, unless the Council otherwise decides.
Despite subsection (4), the Commission may be present throughout the Council’s inquiry if the complaint is the subject of a recommendation of the Commission that it be dealt with by inquiry at a meeting of the Council under this Subdivision.
The registered health practitioner or student is not entitled to be legally represented at the inquiry but may be accompanied by a support person. The support person can be an Australian lawyer.
The Commission is not entitled to be legally represented at the inquiry.
The Council may do any one or more of the following in relation to the health practitioner the subject of the inquiry—
(a) caution or reprimand the practitioner;
(b) make an order for the withholding or refunding of part or all of the payment with respect to the fees to be charged or paid for the services that are the subject of the complaint;
(c) impose the conditions it considers appropriate on the practitioner’s registration;
(d) order that the practitioner seek and undergo medical or psychiatric treatment or counselling (including, but not limited to, psychological counselling);
(e) order that the practitioner complete an educational course specified by the Council;
(f) order that the practitioner report on his or her practice at the times, in the way and to the persons specified by the Council;
(g) order that the practitioner seek and take advice, in relation to the management of his or her practice, from persons specified by the Council.
The Council may do any one or more of the following in relation to the student the subject of the inquiry—
(a) caution or reprimand the student;
(b) impose the conditions it considers appropriate on the student’s registration;
(c) order that the student seek and undergo medical or psychiatric treatment or counselling (including, but not limited to, psychological counselling);
(d) order that the student complete an educational course specified by the Council.
If the person is not registered, an order or direction can still be given under this section but has effect only so as to prevent the person being registered unless the order is complied with or to require the conditions concerned to be imposed when the person is registered, as appropriate.
The Council may by order impose a fine, of an amount of not more than 50 penalty units, on the health practitioner the subject of the inquiry.
A fine is not to be imposed unless—
(a) the Council finds the health practitioner to have been guilty of unsatisfactory professional conduct; and
(b) the Council is satisfied there is no other order, or combination of orders, that is appropriate in the public interest.
A fine is not to be imposed if a fine or other penalty has already been imposed by a court in respect of the conduct.
A fine must be paid within the time specified in the order imposing the fine and must be paid to the Council.
The Council may recommend that the registration of the registered health practitioner or student be suspended for a specified period or cancelled if the Council is satisfied the health practitioner or student—
(a) for a health practitioner, does not have sufficient physical or mental capacity to practise the practitioner’s profession; or
(b) for a student, has an impairment.
If the health practitioner is not registered, a recommendation can be made under this section that the health practitioner not be registered.
(b) the Minister is satisfied the operation of the pharmacy business is justified in the interests of members of the friendly society or of members of the public, or both; and
(c) the friendly society has nominated a pharmacist to be responsible for—
(i) ensuring there is displayed at or near the main entrance of each premises in which the business is carried on the owner’s name; and
(ii) ensuring drug price information displayed in premises in which the business is carried on does not contravene the Price Information Code of Practice.
The Minister may—
(a) give an approval unconditionally or subject to conditions; or
(b) at any time, vary or revoke an approval.
The Minister must revoke an approval given to a friendly society if the Minister is satisfied.
(a) the net profits arising from the operation of the pharmacy business will no longer be applied solely to the provision of benefits to members of the friendly society in accordance with subclause (2)(a); or
(b) there is no longer a pharmacist nominated as being responsible for the matters specified in subclause (2)(c).
Clause 5 does not prevent a friendly or other society that was, immediately before the repeal of section 27A(1) of the Pharmacy Act 1964, lawfully carrying on a pharmacy business under that provision, from owning or otherwise having a financial interest in a pharmacy business.
An approval granted to a friendly or other society under section 27A(2) of the Pharmacy Act 1964 and in force immediately before the repeal of that Act is taken to be an approval granted to the friendly society or other society (as if it were a friendly society), and in force, under subclause (1).
Subclause (4) does not apply in relation to a society referred to in subclause (6) that, immediately before the repeal of section 27A of the Pharmacy Act 1964, no longer satisfied the criteria referred to in section 27A(3)(a) of that Act.
A friendly or other society to which subclause (1), (5) or (6) applies must not own or otherwise have a financial interest in more than 6 pharmacy businesses.
Maximum penalty—100 penalty units.
A pharmacy business and an associated medication storage and preparation room are counted as one pharmacy business for the purposes of subclause (8).
Clause 5 does not prevent an existing body corporate from continuing to carry on a pharmacy business or continuing to have a financial interest in a pharmacy business in accordance with—
(a) clause 21 of the Pharmacy (General) Regulation 1998 as in force immediately before its repeal; and
(b) subclause (2).
The existing body corporate must nominate a pharmacist to be responsible for—
(a) ensuring there is displayed at or near the main entrance of each premises in which the business is carried on the owner’s name; and
(b) ensuring drug price information displayed in premises in which the business is carried on does not contravene the Price Information Code of Practice.
In this clause—
The definition of
The Secretary of the Ministry of Health may, by notice published in the Gazette, exempt a State Vaccine Centre from some or all of the provisions of this Schedule for the period specified in the notice.
An exemption granted under this clause is subject to any conditions specified in the notice published in the Gazette.
The Secretary must not grant an exemption under this clause unless the Secretary is satisfied that it is in the public interest to do so.
In this clause—
A corporation must not indicate it is a pharmacy business unless it is—
(a) a pharmacists’ body corporate that carries on a pharmacy business; or
(b) a friendly or other society that has a financial interest in a pharmacy business permitted by clause 6 and that carries on that business; or
(c) an exempted body corporate that carries on a pharmacy business.
Maximum penalty—50 penalty units.
A person must not indicate a corporation is a pharmacy business if the person knows, or ought reasonably to know, an indication by the corporation itself would be a contravention of subclause (1).
Maximum penalty—50 penalty units.
A partner or member of a firm must not indicate the firm is a pharmacy business unless the firm is a pharmacists’ partnership that carries on a pharmacy business.
Maximum penalty—50 penalty units.
This clause does not apply to a person who has a financial interest in a pharmacy business as referred to in clause 5(5), but only in relation to indications made in the course of, and in relation to, carrying on that business.
A pharmacist must not (whether as an individual or as a partner in a pharmacists’ partnership or a member of a body corporate) own or otherwise have a financial interest in more than 5 pharmacy businesses in this jurisdiction.
Maximum penalty—100 penalty units.
A pharmacy business and an associated medication storage and preparation room are counted as one pharmacy business for the purposes of subclause (1).
Any of the following provisions in a lease or a licence, or an arrangement that creates a security interest, in respect of a pharmacy business is void—
(a) a provision that requires the lessee or the licensee, or the grantor of the security interest (as the case may be), to purchase or otherwise obtain goods or services in connection with the business from the lessor or the licensor, or the grantee of the security interest;
(b) a provision that gives to the lessor, the licensor or the grantee power to control the way in which the business is to be carried on (including power to decide whether or not the pharmacy may participate in any public health programs);
(c) a provision that gives to the lessor, the licensor or the grantee access to the books of account kept for the business, other than for the purposes of determining whether or not the lessee, the licensee or grantor is complying with the terms and conditions of the lease, licence or arrangement;
(d) a provision that provides that the lessor, the licensor or the grantee is to receive consideration that varies according to the profits or takings of the business.
Subclause (1)(b) does not affect a provision relating to the opening or closing hours of a pharmacy business that is located in a retail shopping centre.
A pharmacy business carried on in approved premises must be in the charge of a pharmacist who must personally supervise the carrying on of the business.
If a pharmacy business is carried on in approved premises in contravention of subclause (1), the following persons are guilty of an offence—
(a) the owner of the pharmacy business;
(b) the pharmacist in charge of the approved premises, if the pharmacist is required under the terms of the pharmacist’s employment to be in charge of the approved premises at the time of the contravention.
Maximum penalty—100 penalty units.
It is a defence in proceedings against an owner for a contravention of subclause (1) if the owner proves to the satisfaction of the court that the owner used all due diligence to prevent the contravention.
To avoid doubt, during a period in which a pharmacy business carried on in an associated medication storage and preparation room, and the pharmacy business with which the premises are associated, operate simultaneously, subclause (1) requires each business to be in the charge of a separate pharmacist who must personally supervise the carrying on of each business.
A person who holds provisional, limited or non-practising registration in the pharmacy profession is taken not to be a pharmacist for the purposes of this clause during the period of that registration.
An application for either of the following may be made to the Executive Officer of the Council—
(a) an approval of premises as suitable for carrying on a pharmacy business by a pharmacist;
(b) registration of the holder of a financial interest in a pharmacy business.
An application for an approval of premises must be made—
(a) in the form approved by the Council; and
(b) by the owner, or one of the owners, of the pharmacy business.
An application for registration of the holder of a financial interest must be made—
(a) in the form approved by the Council; and
(b) by the following person—
(i) the owner, or one of the owners, of the pharmacy business;
(ii) if required to be made during any period in which a person referred to in clause 5(4)(a) or (b) assumes the administration of the pharmacy business, that person;
(iii) if required to be made during a period in which a person assumes the administration of the pharmacy business under a security interest granted in respect of the pharmacy business, that person.
A person who is the owner of a pharmacy business to be carried on in a medication storage and preparation room may apply for approval of the premises only if—
(a) the person is the owner of a pharmacy business that is carried on in approved premises other than a professional services room; and
(b) in the application, the person nominates the pharmacy business (or, if the owner of more than one such pharmacy business, nominates one of the businesses) as the business with which the professional services room is associated.
The application must be accompanied by the fee prescribed by the NSW regulations.
The Council may require the application to be verified by a statutory declaration.
The Council may decide to—
(a) refuse the application; or
(b) approve the premises or register the holder of the financial interest.
The Council must not approve premises—
(a) that fail to comply with a standard prescribed for the premises by the NSW regulations; or
(b) that are within or partly within, or adjacent or connected to, a supermarket and that the public can directly access from within the premises of the supermarket.
The NSW regulations may prescribe standards for the purposes of subclause (8)(a) only for or with respect to the safe and competent delivery of pharmacy services.
The Council may revoke an approval of premises if—
(a) the premises do not comply with a standard prescribed for the premises by the NSW regulations; or
(b) the premises become premises of a type described in subclause (8)(b); or
(c) the Council becomes aware the premises are no longer being used for the purposes of carrying on a pharmacy business.
In this clause—
(a) commonly known as a department store; or
(b) in which food or produce is sold only in a cafe, coffee shop, restaurant or other prepared food or beverage counter.
A person aggrieved by any of the following decisions of the Council may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision—
(a) a decision relating to an application for the approval of premises;
(b) a decision relating to an application for the approval of the registration of the holder of a financial interest;
(c) a decision to revoke an approval of premises.
For the purposes of a review, an application for an approval or for registration that has not been dealt with by the Council is taken to have been refused on—
(a) the day that is one month after the application was lodged; or
(b) if a later day was decided by the Council and notified to the applicant before the day referred to in paragraph (a), that day.
The Council must keep a register (a
(a) approved premises; and
(b) registered holders of financial interests.
The Register of Pharmacies must be kept in the form decided by the Council.
The Register of Pharmacies must be available for inspection—
(a) at the office of the Council at all reasonable times; and
(b) in the other ways (for example, by Internet access) and at the times decided by the Council.
The Council may charge a fee for an inspection of the Register of Pharmacies, not exceeding the amount prescribed by the NSW regulations.
The Council may make the alterations and additions to the Register of Pharmacies that are necessary to ensure the information recorded in the Register is accurate.
A person who holds a financial interest in a pharmacy business must, on or before the declaration date in each year, give to the Council, in the form approved by the Council, a declaration for the declaration period specifying the following information—
(a) the nature of the interest;
(b) the basis on which the person is entitled to hold the interest under this Law (for example, as a pharmacist, a member of a pharmacists’ body corporate, a friendly or other society under clause 6 or a body corporate under clause 7);
(c) the number of pharmacy businesses in which the person has a financial interest;
(d) in relation to each pharmacy business the person owns, a description of the policies or systems in place to ensure safe and competent delivery of pharmacy services;
(e) any other information prescribed by the NSW regulations.
Maximum penalty—20 penalty units.
The declaration must be accompanied by the fee prescribed by the NSW regulations.
The Council may require the declaration to be verified by statutory declaration.
In this clause—
The Council may, by written notice given to a person, require the person to give the Council, within the time specified in the notice, specified information or a specified document relating to a financial interest the person has in a pharmacy business.
The person must not—
(a) fail or refuse to comply with the notice to the extent the person is capable of complying with it; or
(b) in purported compliance with the notice, knowingly give information or produce a document that is false or misleading.
Maximum penalty—50 penalty units.
Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86 (formerly Health Practitioner Regulation Act 2009). Assented to 19.11.2009. Date of commencement, 1.7.2010, sec 2 (1). This Act has been amended as follows—
No 34 | Health Practitioner Regulation Amendment Act 2010. Assented to 15.6.2010. Date of commencement of Sch 1, assent, sec 2 (1). | |
No 57 | Personal Property Securities Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.10, 30.1.2012, sec 2 and 2011 (661) LW 16.12.2011. | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2.42, 15.6.2010, Sch 2.42. | |
No 97 | Health Services Amendment (Local Health Networks) Act 2010. Assented to 16.11.2010. Date of commencement of Sch 2, 1.1.2011, sec 2 (1) and 2010 (716) LW 17.12.2010. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Schs 1.15 and 2, 7.1.2011, sec 2 (2). | |
No 127 | Public Health Act 2010. Assented to 7.12.2010. Date of commencement of Sch 4, 1.9.2012, sec 2 and 2012 (275) LW 29.6.2012. | |
No 4 | Health Services Amendment (Local Health Districts and Boards) Act 2011. Assented to 16.5.2011. Date of commencement, 1.7.2011, sec 2 and 2011 (313) LW 1.7.2011. | |
No 39 | Health Legislation Amendment Act 2012. Assented to 21.6.2012. Date of commencement of Sch 1.1, assent, sec 2 (1). | |
No 24 | Health Legislation Amendment Act 2013. Assented to 14.5.2013. Date of commencement, assent, sec 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2 (1). | |
No 64 | Multicultural NSW Legislation Amendment Act 2014. Assented to 28.10.2014. Date of commencement, 24.11.2014, sec 2 and 2014 (714) LW 14.11.2014. | |
No 84 | Health Practitioner Regulation Legislation Amendment Act 2014. Assented to 28.11.2014. Date of commencement of Sch 1 [1] [2] [5] and [6], 1.11.2015, sec 2 (1) and 2015 (532) LW 4.9.2015; date of commencement of Sch 1 [3] and [8], 19.12.2014, sec 2 (1) and 2014 (832) LW 19.12.2014; date of commencement of Sch 1 [4] and [7], assent, sec 2 (2). | |
No 2 | Courts and Crimes Legislation Amendment Act 2015. Assented to 15.5.2015. Date of commencement, assent, sec 2. | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 8.7.2015, sec 2 (1). | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 4 | Health Practitioner Regulation National Law (NSW) Amendment (Review) Act 2016. Assented to 17.3.2016. Date of commencement of Sch 1 [1] [2] and [5]–[32], 15.5.2016, sec 2 and 2016 (244) LW 13.5.2016; date of commencement of Sch 1 [3] [4] and [33]–[37], 1.7.2016, sec 2 and 2016 (244) LW 13.5.2016. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 1.10, 7 days after assent, sec 2 (1). | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 1 [1]–[3] and [8], 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017; date of commencement of Sch 1 [4]–[7], 1.8.2018, sec 2 and 2018 (226) LW 1.6.2018. | |
No 22 | Health Legislation Amendment Act (No 2) 2018. Assented to 30.5.2018. |
Date of commencement, assent, sec 2. | ||
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.14, 14 days after assent, sec 2 (1). | |
No 33 | Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 5.8, 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018. | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.47[1] and [2], 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021; date of commencement of Sch 4.47[3], 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. | |
No 73 | Health Legislation Amendment Act (No 3) 2018. Assented to 22.11.2018. Date of commencement of Sch 3, 1.2.2019, sec 2 (3) and 2018 (699) LW 7.12.2018. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement, 14 days after assent, sec 2 (1). | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 32 | Health Legislation (Miscellaneous Amendments) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 2, assent, sec 2(1). | |
No 6 | Health Legislation (Miscellaneous) Amendment Act 2022. Assented to 24.3.2022. Date of commencement, assent, sec 2. | |
No 41 | Health Legislation (Miscellaneous) Amendment Act (No 2) 2022. Assented to 4.10.2022. Date of commencement of Sch 2, assent, sec 2(b). | |
(668) | Health Practitioner Regulation (Adoption of National Law) Regulation 2022. LW 11.11.2022. Date of commencement of Sch 1[1]–[3], 21.10.2022, sec 2(a) and 2022 No 22 of Queensland; date of commencement of Sch 1[4] and [5], 15.5.2023, sec 2(c) and (d) and 2022 No 22 of Queensland; date of commencement of Sch 1[6], 1.7.2024, sec 2(e) and 2024 (93) of Queensland. Amended by Health Practitioner Regulation (Adoption of National Law) Amendment Regulation 2023 (48). LW 17.2.2023. Date of commencement, 21.10.2022, sec 2 and 2022 No 22 of Queensland. | |
No 37 | Health Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 26 | Health Practitioner Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 30 | Health Legislation Amendment (Miscellaneous) Act 2025. Assented to 11.6.2025. Date of commencement of Sch 2, assent, sec 2(d). |
Sec 1 | Subst 2010 No 34, Sch 1 [1]. |
Sec 3 | Am 2010 No 34, Sch 1 [2]. |
Sec 4 | Am 2010 No 34, Sch 1 [3]; 2022 No 6, Sch 1.1. |
Sec 6 | Subst 2010 No 34, Sch 1 [4]. |
Sec 6A | Ins 2010 No 34, Sch 1 [4]. Am 2012 No 39, Sch 1.1 [1]. |
Sec 6B | Ins 2010 No 34, Sch 1 [4]. |
Sec 6C | Ins 2010 No 34, Sch 1 [4]. Am 2013 No 95, Sch 6.4 [1]. |
Sec 7 | Subst 2010 No 34, Sch 1 [5]. Am 2010 No 59, Sch 2.42; 2015 No 58, Sch 3.40 [1]; 2018 No 70, Sch 4.47[1] [2]. |
Sch 1 | Ins 2010 No 34, Sch 1 [6]. Am 2010 No 57, Sch 1.10; 2010 No 97, Sch 2.11; 2010 No 119, Schs 1.15 [1] [2], 2.23; 2010 No 127, Sch 4.9; 2011 No 4, Sch 2.13; 2012 No 39, Sch 1.1 [2]–[27]; 2013 No 24, Sch 3 [1]–[4]; 2013 No 95, Schs 2.74, 6.4 [2]–[65]; 2014 No 64, Sch 2.6; 2014 No 84, Sch [1]–[8]; 2015 No 2, Sch 1.4 [1] [2]; 2015 No 7, Sch 2.20; 2015 No 15, Sch 2.24; 2015 No 58, Sch 3.40 [2]–[6]; 2016 No 4, Sch 1 [1]–[37]; 2017 No 22, Sch 1.10; 2017 No 50, Sch 1 [1]–[8]; 2018 No 22, Sch 2 [1]–[12]; 2018 No 25, Sch 1.14; 2018 No 33, Sch 5.8 [1] [2]; 2018 No 70, Sch 4.47[3]; 2018 No 73, Sch 3 [1] [2]; 2019 No 1, Sch 1.6; 2020 No 1, Sch 2.10; 2020 No 32, Sch 2[1]–[7]; 2022 No 41, Sch 2[1]–[4]; 2022 (668), Sch 1[1]–[6] (am 2023 (48), Sch 1[7] [8]) [6]; 2023 No 37, Sch 3[1] [2]; 2024 No 26, Sch 2[1]–[14]; 2025 No 30, Sch 2[1]–[3]. |
0
0
0