Health Practitioner Regulation (Adoption of National Law) Regulation 2025 (NSW)

Part 1Preliminary1Name of regulation

This regulation is the Health Practitioner Regulation (Adoption of National Law) Regulation 2025.

2Commencement

This regulation commences as follows—

• (a)

  for section 4(1) and Schedule 1[4] and [5]—on the day on which the Queensland Amendment Act, section 16 commences,

• (b)

  for sections 4(2) and 5(3) and Schedule 1[7]—on the day on which the Queensland Amendment Act, section 22 commences,

• (c)

  for section 5(1) and Schedule 1[2] and [3]—on the day on which the Queensland Amendment Act, section 17 commences,

• (d)

  for section 5(2) and Schedule 1[1] and [6]—on the day on which the Queensland Amendment Act, section 21 commences,

• (e)

  otherwise—on the day on which this regulation is published on the NSW legislation website.

3Definitions

In this regulation—

Queensland Act means the Health Practitioner Regulation National Law Act 2009 of Queensland.

Queensland Amendment Act means theHealth Practitioner Regulation National Law and Other Legislation Amendment Act 2025 of Queensland.

the Act means the Health Practitioner Regulation (Adoption of National Law) Act 2009.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

Part 2Application of Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025 of QueenslandNote—

The Queensland Amendment Act, sections 18, 19 and 20 are not applied as amendments to the Health Practitioner Regulation National Law (NSW).

4Application of amendments—the Act, s 4(1)

For the Act, section 4(2) and (3)—

• (a)

  the Queensland Amendment Act, section 16, which amends the schedule to the Queensland Act, applies as an amendment to the Health Practitioner Regulation National Law (NSW), and

• (b)

  the Act, Schedule 1 is amended by this regulation, Schedule 1[4] and [5] for the purpose of applying the amendment made by the Queensland Amendment Act, section 16 as an amendment to the Health Practitioner Regulation National Law (NSW).

(2)

For the Act, section 4(2) and (3), the Queensland Amendment Act, section 22, which amends the schedule to the Queensland Act, applies as an amendment to the Health Practitioner Regulation National Law (NSW).

5Application of modified amendments—the Act, s 4(1)

For the Act, section 4(2) and (3)—

• (a)

  the Queensland Amendment Act, section 17, as modified by amendments to the Act, Schedule 1 set out in this regulation, Schedule 1[2], applies as an amendment to the Health Practitioner Regulation National Law (NSW), and

• (b)

  the Act, Schedule 1, is amended by this regulation, Schedule 1[3] for the purpose of applying the amendment made by the Queensland Amendment Act, section 17 as an amendment to the Health Practitioner Regulation National Law (NSW).

(2)

For the Act, section 4(2) and (3)—

• (a)

  the Queensland Amendment Act, section 21, as modified by amendments to the Act, Schedule 1 set out in this regulation, Schedule 1[6], applies as an amendment to the Health Practitioner Regulation National Law (NSW), and

• (b)

  the Act, Schedule 1, is amended by this regulation, Schedule 1[1] for the purpose of applying the amendment made by the Queensland Amendment Act, section 21 as an amendment to the Health Practitioner Regulation National Law (NSW).

(3)

For the Act, section 4(2) and (3), the Queensland Amendment Act, section 23, as modified by amendments to the Act, Schedule 1 set out in this regulation, Schedule 1[7], applies as an amendment to the Health Practitioner Regulation National Law (NSW).

Schedule 1Amendment of Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86[1]Schedule 1 Modification of Health Practitioner Regulation National Law

Omit Schedule 1[2], definition of professional misconduct. Insert instead—

professional misconduct—see section 139E.

[2]Schedule 1[8A]

Insert after item [8]—

[8A]Section 77A

Insert after section 77—

77ARestriction on disqualified persons applying for registration [NSW](1)

Despite any other provision of this Law, a disqualified person cannot apply for registration under this Law unless a responsible tribunal has made a reinstatement order under this Law in relation to the disqualified person.

(2)

For this section, a reinstatement order may only be made by the responsible tribunal for the participating jurisdiction in which the decision that resulted in the person becoming a disqualified person was made.

(3)

To avoid doubt, subsection (1) and Part 8, Division 8 continue to apply in relation to a disqualified person, even if—

• (a)

  the period of disqualification has expired; or

• (b)

  the specified conditions of the disqualification have been complied with.

Note—

This section is a substituted New South Wales provision.

[3]Schedule 1[15], section 149E

Omit the section.

[4]Schedule 1[15], section 163B(3)

Omit the subsection.

[5]Schedule 1[15], section 163B

Insert after section 163B(5)—

Note—

Only the Tribunal may make a reinstatement order.

[6]Schedule 1[16B]

Insert after item [16A]—

[16B]Sections 225A and 225B

Insert after section 225—

225ARequirement for additional information to be recorded in National and Specialists Registers in certain circumstances [NSW](1)

This section applies if a National Board is satisfied that, in relation to a health practitioner whose name is recorded in a National Register or Specialists Register kept by the Board—

• (a)

  a responsible tribunal decided, on or after the participation day for the health profession, that—

  • (i)

    the practitioner behaved in a way that constitutes professional misconduct; or

  • (ii)

    the practitioner has been convicted of or made the subject of a criminal finding for an offence, either in or outside this jurisdiction, and the circumstances of the offence render the practitioner unfit in the public interest to practise the practitioner’s profession; or

  • (iii)

    the practitioner is not a suitable person for registration in the practitioner’s profession; and

• (b)

  a basis for the tribunal’s decision was that the practitioner engaged in sexual misconduct, whether occurring in connection with the practice of the practitioner’s profession or not.

Note—

See section 139E(b), which provides that professional misconduct may include multiple instances of unsatisfactory professional conduct that, when considered together, amount to conduct of a sufficiently serious nature to justify suspension or cancellation of the practitioner’s registration.

(2)

For subsection (1)(b), it is immaterial that—

• (a)

  sexual misconduct was not the sole or main basis for the tribunal’s decision; or

• (b)

  if the matter involved other types of conduct—the tribunal did not consider or decide whether the sexual misconduct alone justified the tribunal’s decision.

(3)

The National Board may be satisfied for subsection (1)(b)—

• (a)

  by necessary inference, taking into account the tribunal’s decision and the reasons for the decision; and

• (b)

  regardless of whether or not the tribunal’s reasons for the decision expressly provide that sexual misconduct was a basis for the decision.

(4)

The National Board must record the information (the additional information) mentioned in section 225B in the National Register or Specialists Register.

(5)

However, the additional information must not be recorded in the National Register or Specialists Register, or must be removed from the register, if, on appeal, the responsible tribunal’s decision is—

• (a)

  stayed or overturned; or

• (b)

  modified to the extent it is no longer a decision to which this section applies.

(6)

Also, if recording the additional information in the National Register or Specialists Register would contravene an order of a court or tribunal, the National Board must not include, or must remove, the additional information to the extent the recording of the information in the register would contravene the order.

(7)

Section 226(1) and (2) apply to the requirement to record information under this section.

(8)

The additional information must remain on the National Register or Specialists Register permanently, unless otherwise authorised to be removed by this Law.

(9)

To the extent of any inconsistency between the requirements of this section and section 225B (the relevant sections) and section 232(2), the relevant sections prevail.

Note—

This section is a substituted New South Wales provision.

225BAdditional information to be recorded in National and Specialists Registers for s 225A [NSW](1)

For section 225A(4), the additional information is—

• (a)

  a statement of the following—

  • (i)

    the date of the tribunal’s decision;

  • (ii)

    the name of the tribunal;

  • (iii)

    that the tribunal decided—

    • (A)

      the person behaved in a way that constitutes professional misconduct; or

    • (B)

      the person has been convicted of or made the subject of a criminal finding for an offence, either in or outside this jurisdiction, and the circumstances of the offence render the person unfit in the public interest to practise the profession; or

    • (C)

      the person is not a suitable person for registration in the profession;

  • (iv)

    that the reasons for the tribunal’s decision included that the person engaged in sexual misconduct;

  • (v)

    any sanction imposed by the tribunal that—

    • (A)

      relates solely to the sexual misconduct; or

    • (B)

      if the sanction relates to more than one type of conduct—relates to the sexual misconduct and other types of conduct; and

• (b)

  if the tribunal decision has been published—a copy of the decision or a link to the decision.

(2)

For section 225A(4), if the tribunal decided to cancel the person’s registration, or if the person no longer holds registration, the additional information is also a statement of the following—

• (a)

  if the tribunal decided to disqualify the person from applying for registration under section 149C(4)(b), or the equivalent provision applying in another jurisdiction—

  • (i)

    that the tribunal decided to disqualify the person; and

  • (ii)

    that the person may apply to the tribunal for a reinstatement order;

• (b)

  if the tribunal decided to set a period for which the person may not apply for a review of an order that the person’s registration be cancelled or that the person is disqualified from being registered in a particular health profession—the period for which the person may not apply for the review;

• (c)

  if the tribunal decided to prohibit the person from providing a health service under section 149C(5)(a), or the equivalent provision applying in another jurisdiction—that the tribunal has prohibited the person from providing the service for a specified time or permanently;

• (d)

  if the tribunal decided to place conditions on the provision of health services or specified health services by the person under section 149C(5)(b), or the equivalent provision applying in another jurisdiction—

  • (i)

    that the tribunal has restricted the person from providing the services; and

  • (ii)

    the period of the restriction or that the restriction is permanent.

Note—

This section is a substituted New South Wales provision.

[7]Schedule 1[24AB]

Insert after item [24AA]—

[24AB]Parts 15 and 16

Insert after Part 14—

Part 15Note—

This part is not applicable to New South Wales.

Part 16Transitional provisions for Health Practitioner Regulation National Law and Other Legislation Amendment Act 2025327Note—

This section is not applicable to New South Wales.

328Note—

This section is not applicable to New South Wales.

329Application of s 237B

Section 237B(1) applies—

• (a)

  to a non-disclosure agreement, within the meaning of section 237B(3), whether entered into before or after the commencement of this section; and

• (b)

  in relation to the health, conduct or performance of a registered health practitioner or former registered health practitioner (the relevant issue), whether the relevant issue occurred before or after the commencement of this section.

Historical notesTable of amending instruments

Health Practitioner Regulation (Adoption of National Law) Regulation 2025 (227). LW 23.5.2025. Date of commencement, except secs 4 and 5 and Sch 1, on publication on LW, sec 2(e); date of commencement of secs 4 and 5 and Sch 1: not in force.