Health Practitioner Regulation National Law Act 2009 (Qld)

Health Practitioner Regulation National Law Act 2009

An Act providing for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners

Part 1    Preliminary

1   Short title

This Act may be cited as the Health Practitioner Regulation National Law Act 2009.

2   Commencement

This Act, other than part 4, commences on 1 July 2010.

3   Definitions

(1)For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Health Practitioner Regulation National Law set out in the schedule.

(2)In the local application provisions of this Act—

health ombudsman means the health ombudsman under the Health Ombudsman Act 2013.

Health Practitioner Regulation National Law (Queensland) means the provisions applying in this jurisdiction because of section 4.

(3)Terms used in the local application provisions of this Act and also in the Health Practitioner Regulation National Law set out in the schedule have the same meanings in those provisions as they have in that Law.

Part 2    Adoption of Health Practitioner Regulation National Law

4   Application of Health Practitioner Regulation National Law

(1)The Health Practitioner Regulation National Law set out in the schedule, as modified by part 4—

(a)applies as a law of this jurisdiction; and

(b)as so applying, may be referred to as the Health Practitioner Regulation National Law (Queensland); and

(c)as so applying, is a part of this Act.

(2)A copy of the Health Practitioner Regulation National Law (Queensland) may be authorised by the parliamentary counsel.

(3)If a copy mentioned in subsection (2) is authorised under that subsection, the copy—

(a)is to indicate that fact in a suitable place; and

(b)is a reprint of a law authorised by the parliamentary counsel for the purposes of the Reprints Act 1992.

5   Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction

In the Health Practitioner Regulation National Law (Queensland)—

magistrate means a magistrate appointed under the Magistrates Act 1991.

Magistrates Court means a Magistrates Court established under the Justices Act 1886.

this jurisdiction means Queensland.

6   Responsible tribunal for Health Practitioner Regulation National Law (Queensland)

QCAT is declared to be the responsible tribunal for this jurisdiction for the purposes of the Health Practitioner Regulation National Law (Queensland).

7   Exclusion of legislation of this jurisdiction

The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (Queensland) or to the instruments made under that law—

(a)the Acts Interpretation Act 1954;

(b)the Auditor-General Act 2009;

(c)the Financial Accountability Act 2009;

(d)the Information Privacy Act 2009;

(e)the Ombudsman Act 2001;

(f)the Public Sector Act 2022;

(g)the Right to Information Act 2009;

(h)the Statutory Bodies Financial Arrangements Act 1982;

(i)the Statutory Instruments Act 1992.

7A   Co-regulatory jurisdiction

It is declared that this jurisdiction is not participating in the health, performance and conduct process provided by part 8, divisions 3 to 12 of the Health Practitioner Regulation National Law set out in the schedule.

Note—

See the Health Practitioner Regulation National Law (Queensland), section 5, definition co-regulatory jurisdiction.

7B   Co-regulatory authority

It is declared that the health ombudsman is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law (Queensland).

Note—

See the Health Practitioner Regulation National Law (Queensland), section 5, definition co-regulatory authority.

7C   Adjudication body

It is declared that the health ombudsman is an adjudication body for the purposes of the Health Practitioner Regulation National Law (Queensland).

Note—

See the Health Practitioner Regulation National Law (Queensland), section 5, definition adjudication body.

Part 3    Provisions specific to this jurisdiction

8   Police commissioner may give criminal history information

(1)The police commissioner may give criminal history information to—

(a)a National Board; or

(b)ACC, or a police force or service of the Commonwealth or another State, for the purpose of ACC or the police force or service giving the criminal history information to a National Board.

(2)In this section—

criminal history information means information about a person’s criminal history that may be included in a written report under the Health Practitioner Regulation National Law (Queensland), section 79 or 135.

9   Review of decision by QCAT as responsible tribunal

A reference in the Health Practitioner Regulation National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the responsible tribunal, a reference to a review of the decision as provided under the QCAT Act.

9A   Regulation-making power

The Governor in Council may make regulations under this Act.

10   Repeal

The Health Practitioner Regulation (Administrative Arrangements) National Law Act 2008, No. 62 is repealed.

Part 4    Modifications of National Law provisions

11   Meaning of National Law provisions

In this part—

National Law provisions means the provisions of the Health Practitioner Regulation National Law set out in the schedule.

12   Operation of pt 4

This part states the modifications of the National Law provisions for the purpose of applying the modified provisions as a law of this jurisdiction under section 4.

13   [Repealed]

14   [Repealed]

15   Amendment of s 5 (Definitions)

(1)National Law provisions, section 5—

insert—

complainant, for part 8, see section 139C.

complaint, for part 8, see section 139C.

health ombudsman means the health ombudsman under the Health Ombudsman Act 2013.

Office of the Health Ombudsman means the Office of the Health Ombudsman established under the Health Ombudsman Act 2013.

referred matter means a complaint or other matter referred by the health ombudsman to the National Agency under the Health Ombudsman Act 2013, section 91.

(2)National Law provisions, section 5, definition adjudication body—

insert—

Note—

The health ombudsman is an adjudication body.

(3)National Law provisions, section 5, definition co-regulatory authority—

insert—

Note—

The health ombudsman is a co-regulatory authority.

(4)National Law provisions, section 5, definition co-regulatory jurisdiction—

insert—

Note—

Queensland is a co-regulatory jurisdiction.

(5)National Law provisions, section 5, definition mandatory notification, ‘National Agency’—

omit, insert—

health ombudsman

(6)National Law provisions, section 5, definition responsible tribunal—

insert—

Note—

QCAT is the responsible tribunal for this jurisdiction.

16   Amendment of s 11 (Policy directions)

National Law provisions, section 11(5)(c), after ‘notification’—

insert—

, referred matter

17   [Repealed]

18   Amendment of s 25 (Functions of National Agency)

National Law provisions, section 25(i)—

omit, insert—

(i)to establish an efficient procedure for receiving and dealing with matters referred to it by the health ombudsman about persons who are or were registered health practitioners and persons who are students;

19   Insertion of new s 26A

National Law provisions, after section 26—

insert—

26A   Complaints element of fees to be paid to health ombudsman

(1)For each financial year, the responsible Minister must decide, for each health profession, the amount of the complaints component of registration fees payable by Queensland health practitioners registered in the profession for the financial year.

(2)The amount decided by the responsible Minister must reflect the reasonable cost of the health ombudsman performing functions, relating to the health, conduct and performance of health practitioners registered in the health profession, that would be performed by the National Agency and the National Board established for the health profession if the Health Ombudsman Act 2013 had not been enacted.

(3)The responsible Minister must consult with the Ministerial Council, National Agency and National Boards before making the decision.

(4)The responsible Minister must give written notice of the decision to the National Agency at least 1 month before the decision takes effect.

(5)As soon as practicable after being notified of the decision, the National Agency must publish the decision to the public.

(6)The National Agency must pay the amount to the health ombudsman.

(7)The payment under subsection (6) is to be made during the financial year in instalments of the frequency, at least monthly, decided by the responsible Minister.

(8)In this section—

complaints component means a component for the costs of performing the health ombudsman’s functions in relation to registered health practitioners.

Queensland health practitioner means—

(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.

registration fee means a relevant fee payable by a health practitioner for registration or renewal of registration under this Law.

20   Amendment of s 35 (Functions of National Boards)

(1)National Law provisions, section 35(1)(g), ‘receipt, assessment and investigation of notifications’—

omit, insert—

assessment and investigation of matters referred to it by the National Agency

(2)National Law provisions, section 35(1)(i), after ‘jurisdictions’—

insert—

or to the health ombudsman

(3)National Law provisions, section 35(2), ‘receiving notifications and’—

omit.

(4)National Law provisions, section 35(2), after ‘jurisdiction’—

insert—

unless the National Agency has referred the relevant matter to the Board

20A   Amendment of s 112 (Decision about application for renewal)

(1)National Law provisions, section 112(2)(ba), after ‘Board’—
insert—

, or to the health ombudsman under the Health Ombudsman Act 2013, part 7, division 1,

(2)National Law provisions, section 112(3)(c), after ‘Board’—
insert—

, or to the health ombudsman under the Health Ombudsman Act 2013, part 7, division 1,

(3)National Law provisions, section 112(3), note, after ‘Board’—
insert—

or health ombudsman

20B   Amendment of s 125 (Changing or removing conditions or undertaking on application by registered health practitioner or student)

National Law provisions, section 125(1)(a)(ii), after ‘practitioner’—
insert—

to the Board

21   Amendment of s 138 (Application of Part to persons who are registered health practitioners)

National Law provisions, section 138—
insert—

(1A)Also, a referred matter may be dealt with under this Part about a person who is a registered health practitioner in relation to the practitioner’s behaviour at a time specified in subsection (1)(a) to (c).

22   Amendment of s 139A (Application of Part to persons who were registered health practitioners)

(1)National Law provisions, section 139A—
insert—

(2A)Also, a referred matter may be dealt with under this Part about the person as if the person were still registered in a health profession under this Law in relation to behaviour that occurred while the person was registered.

(2)National Law provisions, section 139A(3), ‘subsection (2)’—
omit, insert—

subsections (2) and (2A)

22A   Amendment of s 139B (Application of Part to persons who were registered under corresponding prior Act)

(1)National Law provisions, section 139B—
insert—

(2A)Also, a referred matter may be dealt with under this Part about the person as if the person were registered in a health profession under this Law in relation to behaviour that occurred while the person was registered under the corresponding prior Act.

(2)National Law provisions, section 139B(3), ‘subsection (2) applies’—
omit, insert—

subsections (2) and (2A) apply

(3)National Law provisions, section 139B(4), ‘subsection (2)’—
omit, insert—

subsections (2) and (2A)

23   Insertion of new s 139C

National Law provisions, after section 139B—

insert—

139C    Meanings of complainant and complaint

In this part—

complainant means a person who makes a complaint.

complaint means—

(a)a notification under division 2 or 3; or

(b)a health service complaint under the Health Ombudsman Act 2013.

24   Insertion of new s 139D

National Law provisions, part 8, division 2—

insert—

139D    Application of div 2 to this jurisdiction

(1)This division applies in relation to notifiable conduct of a registered health practitioner only if the conduct occurs in this jurisdiction.

(2)This division applies in relation to a student’s impairment only if the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction.

25   Amendment of s 141 (Mandatory notifications by health practitioners other than treating practitioners)

(1)National Law provisions, section 141(2) and (4)(e), ‘National Agency’—

omit, insert—

health ombudsman

(2)National Law provisions, section 141(3), after ‘this Part’—

insert—

or the Health Ombudsman Act 2013

25A   Amendment of s 141A (Mandatory notifications by treating practitioners of sexual misconduct)

(1)Section 141A(2), ‘National Agency’—
omit, insert—

health ombudsman

(2)Section 141A(3), after ‘this Part’—
insert—

or the Health Ombudsman Act 2013

25B   Amendment of s 141B (Mandatory notifications by treating practitioners of substantial risk of harm to public)

(1)Section 141B(2) and (4), ‘National Agency’—
omit, insert—

health ombudsman

(2)Section 141B(6), after ‘this Part’—
insert—

or the Health Ombudsman Act 2013

25C   Amendment of s 141C (When practitioner does not form reasonable belief in course of providing health service)

Section 141C(2)(e), ‘National Agency’—
omit, insert—

health ombudsman

26   Amendment of s 142 (Mandatory notifications by employers)

(1)National Law provisions, section 142(1), ‘National Agency’—

omit, insert—

health ombudsman

(2)National Law provisions, section 142(2) and (3)—

omit, insert—

(2)If the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1), the health ombudsman—

(a)must notify the National Agency; and

(b)may—

(i)refer the matter to the employer’s licensing authority; or

(ii)refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or

(iii)advise the responsible Minister of the matter.

(3)National Law provisions, section 142(4)—

renumber as section 142(3).

27   Amendment of s 143 (Mandatory notifications by education providers)

(1)National Law provisions, section 143(1), ‘National Agency’—

omit, insert—

health ombudsman

(2)National Law provisions, section 143(2) and (3)—

renumber as section 143(3) and (4).

(3)National Law provisions, section 143—

insert—

(2)The health ombudsman must give to the National Agency a copy of each notification received under subsection (1).

28   Insertion of new s 143A

National Law provisions, part 8, division 3—

insert—

143A    Application of div 3 to this jurisdiction

(1)This division applies in relation to a registered health practitioner only if the notification concerns conduct occurring in this jurisdiction or the practitioner’s principal place of practice is in this jurisdiction.

(2)This division applies in relation to a student only if the notification concerns conduct occurring in this jurisdiction or the student is enrolled in a program of study in this jurisdiction or is undertaking clinical training in this jurisdiction.

29   Amendment of s 144 (Grounds for voluntary notification)

National Law provisions, section 144(1) and (2), ‘National Agency’—

omit, insert—

health ombudsman

30   Amendment of s 145 (Who may make voluntary notification)

National Law provisions, section 145, ‘National Agency’—

omit, insert—

health ombudsman

31   Replacement of pt 8, div 4, hdg

National Law provisions, part 8, division 4, heading—

omit, insert—

Division 4 Dealing with notifications

32   Replacement of s 146 (How notification is made)

National Law provisions, section 146—

omit, insert—

146   Notifications to be dealt with under Health Ombudsman Act 2013

(1)The Health Ombudsman Act 2013 applies to a notification (including the making of a notification) under division 2 or 3—

(a)as if references in that Act to a complaint or complainant were references to a notification or notifier; and

(b)with other necessary changes.

(2)If a person makes a notification to the health ombudsman under division 2 or 3, the health ombudsman must deal with it under the Health Ombudsman Act 2013 as if it were a complaint made under part 3, division 2 of that Act.

33   Omission of s 147 (National Agency to provide reasonable assistance to notifier)

National Law provisions, section 147—

omit.

34   Replacement of pt 8, div 5 (Preliminary assessment)

National Law provisions, part 8, division 5—

omit, insert—

Division 5 Matters referred to the National Agency by the health ombudsman

148   Application of div 5

This division applies if, under the Health Ombudsman Act 2013, part 9, division 1, the health ombudsman refers a matter to the National Agency.

149   Referral of matter to National Board

The National Agency must immediately refer the matter to the National Board established for the health practitioner’s or student’s profession.

150   Preliminary assessment

(1)A National Board must, within 60 days after receipt of a referred matter under section 148, conduct a preliminary assessment of the referred matter and decide—

(a)whether or not the referred matter relates to a person who is a health practitioner or a student registered in a health profession for which the Board is established; and

(b)whether or not the referred matter relates to a matter that is a ground for notification.

(2)Without limiting subsection (1)(b), the National Board may decide the referred matter relates to a matter that is a ground for notification under section 144 on the basis of a number of referred matters about a person or notifications made under a law of another participating jurisdiction or made to a health complaints entity about the person, including a number of referred matters or notifications that suggest a pattern of conduct.

(3)If the National Board decides the referred matter relates to a person who is not registered in a health profession for which the Board is established but the Board reasonably suspects the person is registered in a health profession for which another National Board is established, the Board must refer the referred matter to that other Board.

150A    Power to require information

(1)For the purpose of conducting the preliminary assessment of a referred matter, a National Board may, by written notice given to a person, require the person to give specified information or produce specified documents to the Board within a specified reasonable time and in a specified reasonable way.

(2)The person must comply with the notice unless the person has a reasonable excuse.

Maximum penalty—

(a)in the case of an individual—$5,000; or

(b)in the case of a body corporate—$10,000.

(3)Without limiting subsection (2), it is a reasonable excuse for an individual not to give information or produce a document if giving the information or producing the document might tend to incriminate the individual.

150B    Inspection of documents

(1)If a document is produced to a National Board, the Board may—

(a)inspect the document; and

(b)make a copy of, or take an extract from, the document; and

(c)keep the document while it is necessary for the preliminary assessment of a referred matter.

(2)If the National Board keeps the document, the Board must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the Board.

150C    Referral to other entities

(1)If, after conducting the preliminary assessment of a referred matter, the National Board decides the subject matter, or part of the subject matter, of the referred matter may be dealt with by another entity, the Board may refer the referred matter or part of the referred matter to the other entity.

(2)A decision by the National Board to refer a referred matter or part of a referred matter to another entity does not prevent the Board from continuing to deal with the referred matter or part of the referred matter.

(3)If the National Board decides to refer a referred matter or part of a referred matter to another entity, the Board must give the other entity—

(a)if the referred matter is a health service complaint under the Health Ombudsman Act 2013—details of the complaint, the complainant and the health service provider to whom the complaint relates; and

(b)any other information the Board has that is relevant to the referred matter.

(4)The National Board may ask the other entity to give the Board information about how the subject matter of the referred matter or the part of the referred matter was resolved.

(5)The other entity may provide the information requested by the National Board.

151   When National Board may decide to take no further action

(1)A National Board may decide to take no further action in relation to a referred matter if—

(a)the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or

(b)given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or

(c)the person to whom the referred matter relates has not been, or is no longer, registered by the Board and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or

(d)the subject matter of the referred matter has already been dealt with adequately by the Board; or

(e)the subject matter of the referred matter—

(i)is being dealt with, or has already been dealt with, by another entity; or

(ii)has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or

(f)the health practitioner to whom the referred matter relates has taken appropriate steps to remedy the issue the subject of the referred matter and the Board reasonably believes no further action is required in relation to the referred matter.

(1A)A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity.

(2)A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.

(3)If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter.

(4)A notice under subsection (3) must state—

(a)that the National Board has decided to take no further action in relation to the referred matter; and

(b)the reason the Board has decided to take no further action.

35   Replacement of ss 153 and 154

National law provisions, sections 153 and 154—

omit, insert—

153   National Board may deal with referred matters about same person together

(1)If the National Agency receives more than one referred matter about a registered health practitioner or student, the National Board established for the health profession in which the practitioner or student is registered may deal with the referred matters together.

(2)In this section—

referred matter includes a notification made under a law of another participating jurisdiction.

154   National Boards may deal with referred matters collaboratively

(1)This section applies if a matter referred to a National Board relates to—

(a)a registered health practitioner who is registered in more than one health profession; or

(b)more than one registered health practitioner and the practitioners are registered in 2 or more different health professions; or

(c)a person who is registered as a student in more than one health profession; or

(d)more than one student and the students are registered in 2 or more different health professions.

(2)The National Board may deal with the referred matter in conjunction with one or more other National Boards with whom the registered health practitioner or practitioners, or student or students, are registered.

35A   Amendment of s 159A (Board may give information to notifier about immediate action)

(1)National Law provisions, section 159A, ‘notifier’—

omit, insert—

complainant

(2)National Law provisions, section 159A, ‘notification’—

omit, insert—

complaint

35B   Insertion of new s 159EA

National Law provisions, after section 159E—
insert—

159EA    Regulatory body must notify health ombudsman of interim prohibition order

(1)This section applies if—

(a)a regulatory body issues an interim prohibition order to an unregistered person under section 159C; and

(b)either—

(i)the interim prohibition order is issued in relation to the person’s conduct occurring in this jurisdiction; or

(ii)the person’s principal place of residence is in this jurisdiction.

(2)The regulatory body must, within 7 days after issuing the interim prohibition order, give the health ombudsman a written notice about the interim prohibition order.

(3)The notice must include the following—

(a)the name of the unregistered person;

(b)details of the health service or health services to which the interim prohibition order relates, if any;

(c)the day on which the interim prohibition order starts;

(d)details of the grounds on which the interim prohibition order was issued.

35C   Amendment of s 159F (Duration of interim prohibition order)

National Law provisions, section 159F—
insert—

(3)However, if the interim prohibition order is issued in relation to a matter referred under section 193A to the health ombudsman, the day specified in subsection (2) cannot be less than 14 days after the day the matter was referred.

36   Amendment of s 160 (When investigation may be conducted)

National Law provisions, section 160(1)(a), ‘notification’—

omit, insert—

referred matter

37   Amendment of s 161 (Registered health practitioner or student to be given notice of investigation)

National Law provisions, section 161(3)(b)—

omit, insert—

(b)if the investigation relates to a complaint made about the registered health practitioner or student, the complainant.

37A   Amendment of s 167A (Board may give information to notifier about result of investigation)

(1)National Law provisions, section 167A, ‘notifier’—

omit, insert—

complainant

(2)National Law provisions, section 167A, ‘notification’—

omit, insert—

complaint

38   Amendment of s 169 (Requirement for health assessment)

National Law provisions, section 169, ‘notification’—

omit, insert—

complaint

39   Amendment of s 170 (Requirement for performance assessment)

National Law provisions, section 170, ‘notification’—

omit, insert—

complaint

40   Amendment of s 177 (Decision by National Board)

National Law provisions, section 177—

insert—

(2)This section applies subject to division 12, subdivision 1.

40A   Amendment of s 177A (Board may give information to notifier about decision following assessor’s report)

(1)National Law provisions, section 177A, ‘notifier’—

omit, insert—

complainant

(2)National Law provisions, section 177A, ‘notification’—

omit, insert—

complaint

41   Amendment of s 178 (National Board may take action)

(1)National Law provisions, section 178(1)(a), ‘notification’—

omit, insert—

complaint

(2)National Law provisions, section 178(1)(b)—

omit, insert—

(b)the matter is not required under division 12, subdivision 1 to be referred to the health ombudsman or a responsible tribunal, including because of a decision made under section 193C that it is not in the public interest; and

42   Amendment of s 180 (Notice to be given to health practitioner or student and notifier)

(1)National Law provisions, section 180, ‘notifier’—

omit, insert—

complainant

(2)National Law provisions, section 180(1)(b), ‘notification’—

omit, insert—

complaint

43   Amendment of s 181 (Establishment of health panel)

National Law provisions, section 181(1)(a), ‘notification’—

omit, insert—

complaint

44   Amendment of s 182 (Establishment of performance and professional standards panel)

National Law provisions, section 182(1)(a), ‘notification’—

omit, insert—

complaint

45   Amendment of s 183 (List of approved persons for appointment to panels)

National Law provisions, section 183(2)—

omit.

46   Amendment of s 187 (Submission by notifier)

(1)National Law provisions, section 187, ‘notifier’—

omit, insert—

complainant

(2)National Law provisions, section 187, ‘notification’—

omit, insert—

complaint

47   Replacement of s 190 (Referral to responsible tribunal or National Board)

National Law provisions, section 190—

omit, insert—

190   Referral to Board for notification to health ombudsman

(1)This section applies if, at any time while hearing a matter, a panel reasonably believes the evidence demonstrates—

(a)the registered health practitioner the subject of the hearing may have behaved in a way that constitutes professional misconduct; or

(b)there is another ground for suspending, cancelling or withdrawing the registration of the registered health practitioner the subject of the hearing.

(2)The panel must notify the National Board of the panel’s belief.

Note—

See section 193.

(3)This section does not limit the panel’s power to also decide under section 191 to suspend the practitioner’s registration before notifying the Board under subsection (2).

190A    Referral to Board for referral to responsible tribunal

(1)This section applies if, at any time, the practitioner or student the subject of a hearing asks the panel for the matter to be referred to a responsible tribunal.

(2)The panel must stop hearing the matter and notify the National Board that established the panel that the matter must be referred to a responsible tribunal.

48   Amendment of s 191 (Decision of panel)

National Law provisions, section 191(1)(b)(iv)—

omit, insert—

(iv)the matter must be referred to the responsible tribunal;

49   Amendment of s 192 (Notice to be given about panel’s decision)

(1)National Law provisions, section 192(2)(b), ‘notification’—

omit, insert—

complaint

(2)National Law provisions, section 192(2)(b) and (4), ‘notifier’—

omit, insert—

complainant

50   Replacement of pt 8, div 12, hdg and ss 193–195

National Law provisions, part 8, division 12, heading and sections 193 to 195—

omit, insert—

Division 12 Referring matter to health ombudsman and responsible tribunals

Subdivision 1 Matters to be referred

193   Health ombudsman to be notified about particular serious matters

(1)The National Board must notify the health ombudsman as soon as practicable after—

(a)the National Board forms a reasonable belief, based on a complaint or for any other reason, that—

(i)a registered health practitioner has behaved in a way that constitutes professional misconduct; or

(ii)there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or

(b)a panel notifies the National Board of the panel’s belief under section 190(2).

(1A)Subsection (1)(a) does not apply if the National Board is satisfied the health ombudsman is aware of the matter mentioned in subsection (1)(a)(i) or (ii), including, for example, because it was the subject of a referral to the National Agency under the Health Ombudsman Act 2013,part 9, division 1.

(2)On receiving the notification, the health ombudsman must ask the National Board to—

(a)refer the matter to the health ombudsman; or

(b)continue to deal with the matter under the National Law.

(3)This section does not limit the National Board’s power to do any of the following before making a notification under subsection (1) or a referral under subsection (2)—

(a)withdraw the registered health practitioner’s registration under section 85A;

(b)accept a surrender of the registered health practitioner’s registration under section 137;

(c)take immediate action in relation to the registered health practitioner under Division 7.

193A    Referrals to health ombudsman

(1)A National Board must refer a matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 if the health ombudsman requests the referral under section 193(2).

(2)Also, if a panel has notified the National Board that established the panel that the matter must be referred to a responsible tribunal, the Board must notify the health ombudsman of that fact.

(3)If a matter is referred under subsection (1) and the Board notifies the health ombudsman in relation to the matter under subsection (2), the health ombudsman must refer the matter to the responsible tribunal under the Health Ombudsman Act 2013.

(4)A National Board may refer another matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 with the health ombudsman’s agreement.

(5)Also, a regulatory body that has issued an interim prohibition order to an unregistered person under section 159C may, while the order is in effect and with the health ombudsman’s agreement, refer the matter in relation to which the order was issued to the health ombudsman to be dealt with under the Health Ombudsman Act 2013.

193B    Referrals to responsible tribunal

(1)Subject to section 193C, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if—

(a)a panel established by the Board asks the Board to refer the matter to a responsible tribunal; and

(b)it is not a matter that must be referred to the health ombudsman under section 193A.

(2)A National Board may refer a matter about a registered health practitioner or student to a responsible tribunal if the health ombudsman asks the Board under section 193(2) to continue to deal with the matter under this Law.

(3)The National Board must—

(a)refer the matter to—

(i)the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or

(ii)if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and

(b)give written notice of the referral to the registered health practitioner or student to whom the matter relates.

(4)If the matter relates to a complaint, the referral must include the details of the complainant.

193C    National Board may decide not to refer certain matters

(1)A National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193(1)(a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal.

(2)In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following—

(a)the need to protect the health and safety of the public;

(b)the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct;

(c)whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint;

(d)whether the practitioner is still registered and, if not still registered, may again seek registration in the future;

(e)any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter;

(f)any other matter the Board considers relevant to the decision.

(3)If a decision is made under this section to not refer a matter to a responsible tribunal—

(a)the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and

(b)the National Agency must publish information about the decision in its annual report.

Subdivision 2 Proceedings referred to responsible tribunal by a National Board

194   Application of sdiv 2

This subdivision applies to a proceeding for a matter referred by a National Board to a responsible tribunal under section 193B.

51   Amendment of s 198 (Relationship with Act establishing responsible tribunal)

National Law provisions, section 198, ‘Division’—

omit, insert—

subdivision

52   Omission of ss 201–203

National Law provisions, sections 201 to 203—

omit.

53   Amendment of s 204 (Notice from adjudication body)

(1)National Law provisions, section 204, heading, ‘adjudication body’—

omit, insert—

responsible tribunal

(2)National Law provisions, section 204(1), ‘an adjudication body, other than a court,’—

omit, insert—

the responsible tribunal

(3)National Law provisions, section 204(2)(a), ‘adjudication body’—

omit, insert—

responsible tribunal

54   Amendment of s 206 (National Board to give notice to registered health practitioner’s employer and other entities)

National Law provisions, section 206(1)(a)(ii) and (iii)—

omit, insert—

(ii)receives notice from a panel, or from the responsible tribunal hearing a matter to which the health ombudsman is not a party, that the panel or tribunal has decided to take health, conduct or performance action against a registered health practitioner; and

55   Insertion of new ss 206A and 206B

National Law provisions, after section 206—

insert—

206A    National board to give notice to health ombudsman about health, conduct or performance action

(1)This section applies if health, conduct or performance action is taken, in relation to a registered health practitioner who provides health services in this jurisdiction, by—

(a)a National Board or panel; or

(b)a responsible tribunal or court, in a proceeding to which the health ombudsman is not a party.

(2)The National Board must give written notice of the action to the health ombudsman.

(3)The written notice must include—

(a)sufficient particulars to identify the registered health practitioner; and

(b)details of—

(i)the issues raised about the health, conduct or performance of the registered health practitioner; and

(ii)the health, conduct or performance action taken in relation to the registered health practitioner.

206B    National Agency or Board to give other information to health ombudsman on request

(1)The health ombudsman may, by written notice given to the National Agency or a National Board, ask for—

(a)information about any action taken in relation to, or other information concerning, the health, conduct or performance of a registered health practitioner, including, for example, information about any of the following—

(i)the establishment of a panel or progress with a panel hearing;

(ii)the start of an investigation, progress with an investigation or an investigator’s report;

(iii)referral of a matter to another entity;

(iv)a decision to take no further action in relation to a matter; or

(b)information about a stated matter relevant to the National Agency’s or National Board’s functions relating to the health, conduct and performance of registered health practitioners who provide health services in this jurisdiction.

(2)The information that may be requested includes information about a matter concerning a registered health practitioner who provides health services in this jurisdiction, even if the matter arose outside this jurisdiction.

(3)The National Agency or National Board must comply with the request.

(4)In this section—

information includes a report.

56   Amendment of s 231 (Other records to be kept by National Boards)

National Law provisions, section 231(e)—

omit, insert—

(e)information about any referred matter about the practitioner received by the Board and any investigation and health, conduct or performance action taken as a result of the referred matter;

56A   Replacement of s 241A

Section 241A—
omit, insert—

241A    Proceedings for indictable offences

(1)An offence against part 7, division 10 or section 159O(1) or 196A(1) is an indictable offence that is a misdemeanour.

(2)Subject to subsection (3), a proceeding for an indictable offence is to be heard and decided summarily.

(3)A Magistrates Court must abstain from dealing summarily with a charge of an indictable offence—

(a)if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily; or

Examples of exceptional circumstances—

1There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together.

2There is an important issue of law involved.

3An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.

(b)if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.

(4)If a Magistrates Court abstains from jurisdiction—

(a)the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and

(b)the proceeding for the charge must be conducted as a committal proceeding; and

(c)a plea of the defendant at the start of the hearing must be disregarded; and

(d)the evidence already heard by the court is taken to be evidence in the committal proceeding; and

(e)the Justices Act 1886, section 104 must be complied with for the committal proceeding.

(5)The maximum penalty that may be imposed on a summary conviction for an indictable offence is 165 penalty units.

(6)A Magistrates Court that summarily deals with a charge of an indictable offence—

(a)must be constituted by a magistrate; and

(b)has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.

57   Insertion of new pt 12A

National Law provisions, after part 12—

insert—

Part 12A    Transitional provisions for Health Ombudsman Act 2013

305A    Definitions for pt 12A

In this part—

commencement means the commencement of this section.

current matter means a matter that was being dealt with under part 8 before the commencement and, immediately before the commencement, had not been finally dealt with.

current notification means a notification made under part 8 before the commencement that, immediately before the commencement, had not been finally dealt with.

relevant National Board, for a notification, means the National Board that registered the registered health practitioner or student to whom the notification relates.

305B    Payment of complaints element of fees by National Agency

(1)Section 26A applies to the initial period as if the initial period were a financial year.

(2)In this section—

initial period means the remaining part of the financial year in which this section commences.

305C    Mandatory notifications by health practitioners

A reference in section 141(4)(e) to a notification made to the health ombudsman includes a notification to the National Agency made before the commencement.

305D    Current notifications not yet referred to National Boards or other entities

Section 148, as in force immediately before the commencement, continues to apply to any current notification that the National Agency had not referred to a National Board or other entity under that section before the commencement.

305E    Current notifications about serious matters

(1)This section applies in relation to a current notification or other current matter that, in the opinion of the relevant National Board, indicates—

(a)a registered health practitioner has behaved in a way that constitutes professional misconduct; or

(b)there is another ground for the suspension or cancellation of the practitioner’s registration.

(2)Within 28 days after the commencement, the board must, by written notice, advise the health ombudsman of the details of the matter and the action that, at the time of commencement, was being taken to deal with it.

(3)At any time before the board has finally dealt with the matter, the health ombudsman may, by written notice, direct the board to—

(a)refer the matter to the health ombudsman immediately; or

(b)take stated action under this Law to deal with the matter and then refer it to the health ombudsman.

(4)The board must comply with a direction under subsection (3).

(5)If the board refers the matter to the health ombudsman in compliance with a direction—

(a)the board must give the health ombudsman all the records and information relating to the matter that it is holding; and

(b)the health ombudsman must deal with the matter under the Health Ombudsman Act 2013.

305F    Current notifications dealt with by relevant National Board

(1)This section applies to a current notification or other current matter unless, under section 310, the health ombudsman has directed the relevant National Board to refer the matter to the health ombudsman.

(2)The matter must be dealt with under this Law.

305G    Notifications recorded by National Board

A reference in section 231(e) to a referred matter about a practitioner received by a National Board includes a notification about the practitioner made before the commencement.

Schedule Health Practitioner Regulation National Law

section 4

Part 1    Preliminary

1   Short title

This Law may be cited as the Health Practitioner Regulation National Law.

2   Commencement

This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.

3   Objectives

(1)The object of this Law is to establish a national registration and accreditation scheme for—

(a)the regulation of health practitioners; and

(b)the registration of students undertaking—

(i)programs of study that provide a qualification for registration in a health profession; or

(ii)clinical training in a health profession.

(2)The objectives of the national registration and accreditation scheme are—

(a)to provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered; and

(b)to facilitate workforce mobility across Australia by reducing the administrative burden for health practitioners wishing to move between participating jurisdictions or to practise in more than one participating jurisdiction; and

(c)to facilitate the provision of high quality education and training of health practitioners; and

(ca)to build the capacity of the Australian health workforce to provide culturally safe health services to Aboriginal and Torres Strait Islander Peoples; and

(d)to facilitate the rigorous and responsive assessment of overseas-trained health practitioners; and

(e)to facilitate access to services provided by health practitioners in accordance with the public interest; and

(f)to enable the continuous development of a flexible, responsive and sustainable Australian health workforce and to enable innovation in the education of, and service delivery by, health practitioners.

3A   Guiding principles

(1)The main guiding principle of the national registration and accreditation scheme is that the following are paramount—

(a)protection of the public;

(b)public confidence in the safety of services provided by registered health practitioners and students.

(2)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;

(aa)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.

4   How functions to be exercised

An entity that has functions under this Law is to exercise its functions having regard to the objectives and guiding principles of the national registration and accreditation scheme set out in sections 3 and 3A.

5   Definitions

In this Law—

ACC means the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 (Cwlth).

accreditation authority means—

(a)an external accreditation entity; or

(b)an accreditation committee.

accreditation committee means a committee established by a National Board to exercise an accreditation function for a health profession for which the Board is established.

accreditation standard, for a health profession, means a standard used to assess whether a program of study, and the education provider that provides the program of study, provide persons who complete the program with the knowledge, skills and professional attributes necessary to practise the profession in Australia.

accredited program of study means a program of study accredited under section 48 by an accreditation authority.

adjudication body means—

(a)a panel; or

(b)a responsible tribunal; or

(c)a Court; or

(d)an entity of a co-regulatory jurisdiction that is declared in the Act applying this Law to be an adjudication body for the purposes of this Law.

Advisory Council ...

Agency Board means the Australian Health Practitioner Regulation Agency Board established by section 29.

Agency Fund means the Australian Health Practitioner Regulation Agency Fund established by section 208.

Agency Management Committee ...

appropriate professional indemnity insurance arrangements, in relation to a registered health practitioner, means professional indemnity insurance arrangements that comply with an approved registration standard for the health profession in which the practitioner is registered.

approved accreditation standard means an accreditation standard—

(a)approved by a National Board under section 47(3); and

(b)published on the Board’s website under section 47(6).

approved area of practice, for a health profession, means an area of practice approved under section 15 for the profession.

approved program of study, for a health profession or for endorsement of registration in a health profession, means an accredited program of study—

(a)approved under section 49(1) by the National Board established for the health profession; and

(b)included in the list published by the National Agency under section 49(5).

approved qualification—

(a)for a health profession, means a qualification obtained by completing an approved program of study for the profession; and

(b)for endorsement of registration in a health profession, means a qualification obtained by completing an approved program of study relevant to the endorsement.

approved registration standard means a registration standard—

(a)approved by the Ministerial Council under section 12; and

(b)published on the website of the National Board that developed the standard.

Australian legal practitioner means a person who—

(a)is admitted to the legal profession under the law of a State or Territory; and

(b)holds a current practising certificate under a law of a State or Territory authorising the person to practise the legal profession.

COAG Agreement means the agreement for a national registration and accreditation scheme for health professions, made on 26 March 2008 between the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.

Note.

A copy of the COAG Agreement is available on the National Agency’s website.

co-regulatory authority, for a co-regulatory jurisdiction, means an entity that is declared by the Act applying this Law in the co-regulatory jurisdiction to be a co-regulatory authority for the purposes of this Law.

co-regulatory jurisdiction means a participating jurisdiction in which the Act applying this Law declares that the jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8.

corresponding prior Act means a law of a participating jurisdiction that—

(a)was in force before the day on which the jurisdiction became a participating jurisdiction; and

(b)established an entity having functions that included—

(i)the registration of persons as health practitioners; or

(ii)health, conduct or performance action.

criminal history, of a person, means the following—

(a)every conviction of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law;

(b)every plea of guilty or finding of guilt by a court of the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law and whether or not a conviction is recorded for the offence;

(c)every charge made against the person for an offence, in a participating jurisdiction or elsewhere, and whether before or after the commencement of this Law.

criminal history law means a law of a participating jurisdiction that provides that spent or other convictions do not form part of a person’s criminal history and prevents or does not require the disclosure of those convictions.

CrimTrac ...

division, of a health profession, means a part of a health profession for which a Division is included in the National Register kept for the profession.

education provider means—

(a)a university; or

(b)a tertiary education institution, or another institution or organisation, that provides vocational training; or

(c)a specialist medical college or other health profession college.

entity includes a person and an unincorporated body.

exercise a function includes perform a duty.

external accreditation entity means an entity, other than a committee established by a National Board, that exercises an accreditation function.

health assessment means an assessment of a person to determine whether the person has an impairment and includes a medical, physical, psychiatric or psychological examination or test of the person.

health complaints entity means an entity—

(a)that is established by or under an Act of a participating jurisdiction; and

(b)whose functions include conciliating, investigating and resolving complaints made against health service providers and investigating failures in the health system.

health, conduct or performance action means action that—

(a)a National Board or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding under Part 8; or

(b)a co-regulatory authority or an adjudication body may take in relation to a registered health practitioner or student at the end of a proceeding that, under the law of a co-regulatory jurisdiction, substantially corresponds to a proceeding under Part 8.

health panel means a panel established under section 181.

health practitioner means an individual who practises a health profession.

health profession means the following professions, and includes a recognised specialty in any of the following professions—

(a)Aboriginal and Torres Strait Islander health practice;

(b)Chinese medicine;

(c)chiropractic;

(d)dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);

(e)medical;

(f)medical radiation practice;

(g) midwifery;

(ga)nursing;

(h)occupational therapy;

(i)optometry;

(j)osteopathy;

(ja) paramedicine;

(k)pharmacy;

(l)physiotherapy;

(m)podiatry;

(n)psychology.

Note.

See Division 15 of Part 12 which provides for a staged commencement of the application of this Law to the Aboriginal and Torres Strait Islander health practice, Chinese medicine, medical radiation practice and occupational therapy professions.

health profession agreement has the meaning given by section 26.

health program means a program providing education, prevention, early intervention, treatment or rehabilitation services relating to physical or mental impairments, disabilities, conditions or disorders, including substance abuse or dependence.

health service includes the following services, whether provided as public or private services—

(a)services provided by registered health practitioners;

(b)hospital services;

(c)mental health services;

(d)pharmaceutical services;

(e)ambulance services;

(f)community health services;

(g)health education services;

(h)welfare services necessary to implement any services referred to in paragraphs (a) to (g);

(i)services provided by dietitians, masseurs, naturopaths, social workers, speech pathologists, audiologists or audiometrists;

(j)pathology services.

health service provider means a person who provides a health service.

impairment, in relation to a person, means the person has a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect—

(a)for a registered health practitioner or an applicant for registration in a health profession, the person’s capacity to practise the profession; or

(b)for a student, the student’s capacity to undertake clinical training—

(i)as part of the approved program of study in which the student is enrolled; or

(ii)arranged by an education provider.

interim prohibition order, for Division 7A of Part 8, see section 159B.

local registration authority means an entity having functions under a law of a State or Territory that include the registration of persons as health practitioners.

mandatory notification means a notification an entity is required to make to the National Agency under Division 2 of Part 8.

medical practitioner means a person who is registered under this Law in the medical profession.

Ministerial Council means a body, however described, that consists of the Minister of each participating jurisdiction, and the Commonwealth, who is responsible, or principally responsible, for matters relating to health.

National Agency means the Australian Health Practitioner Regulation Agency established by section 23.

National Board means a National Health Practitioner Board continued or established by regulations made under section 31.

National Register means the Register kept by a National Board under section 222.

national registration and accreditation scheme means the scheme—

(a)referred to in the COAG Agreement; and

(b)established by this Law.

notification means—

(a)a mandatory notification; or

(b)a voluntary notification.

notifier means a person who makes a notification.

panel means—

(a)a health panel; or

(b)a performance and professional standards panel.

participating jurisdiction means a State or Territory—

(a)that is a party to the COAG Agreement; and

(b)in which—

(i)this Law applies as a law of the State or Territory; or

(ii)a law that substantially corresponds to the provisions of this Law has been enacted.

performance and professional standards panel means a panel established under section 182.

performance assessment means an assessment of the knowledge, skill or judgment possessed, or care exercised by, a registered health practitioner in the practice of the health profession in which the practitioner is registered.

police commissioner means the commissioner of the police force or police service of a participating jurisdiction or the Commonwealth.

practice arrangement, between a registered health practitioner or unregistered person, and an entity—

(a)includes—

(i)a contract of employment, contract for services or another arrangement or agreement between the practitioner or person and the entity in relation to the provision of services; or

(ii)an agreement for the practitioner or person to provide services for or on behalf of the entity, whether in an honorary capacity, as a volunteer or otherwise, and whether or not the practitioner or person receives payment for the services; but

(b)does not include a contract or agreement not directly related to the provision of a health service.

principal place of practice, for a registered health practitioner, means the address declared by the practitioner to be the address—

(a)at which the practitioner is predominantly practising the profession; or

(b)if the practitioner is not practising the profession or is not practising the profession predominantly at one address, that is the practitioner’s principal place of residence.

professional misconduct, of a registered health practitioner, includes—

(a)unprofessional conduct by the practitioner that amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and

(b)more than one instance of unprofessional conduct that, when considered together, amounts to conduct that is substantially below the standard reasonably expected of a registered health practitioner of an equivalent level of training or experience; and

(c)conduct of the practitioner, whether occurring in connection with the practice of the health practitioner’s profession or not, that is inconsistent with the practitioner being a fit and proper person to hold registration in the profession.

program of study means a program of study provided by an education provider.

prohibition order means—

(a)a decision by a responsible tribunal of this jurisdiction under section 196(4)(b) or (c); or

(b)a decision by a responsible tribunal of another participating jurisdiction under section 196(4)(b) or (c) as it applies in the other jurisdiction; or

(c)a prohibition order under section 149C(5) of the Health Practitioner Regulation National Law (NSW); or

(d)a decision under section 107(4)(b) of the Health Ombudsman Act 2013 (Qld).

psychologist means a person registered under this Law in the psychology profession.

public health facility includes—

(a)a public hospital; and

(b)a public health, teaching or research facility.

recognised specialty means a specialty in a health profession that has been approved by the Ministerial Council under section 13(2).

registered health practitioner means an individual who—

(a)is registered under this Law to practise a health profession, other than as a student; or

(b)holds non-practising registration under this Law in a health profession.

registration authority means—

(a)a local registration authority; or

(b)an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.

registration standard means a registration standard developed by a National Board under section 38.

registration status, in relation to an applicant for registration, includes—

(a)any undertakings given by the applicant to a registration authority, whether before or after the commencement of this Law; and

(b)any conditions previously imposed on the applicant’s registration by a registration authority, whether before or after the commencement of this Law; and

(c)any decisions made by a registration authority, a tribunal, a court or another entity having functions relating to the regulation of health practitioners about the applicant’s practice of the profession, whether before or after the commencement of this Law; and

(d)any investigation commenced by a registration authority or a health complaints entity into the applicant’s conduct, performance or possible impairment but not finalised at the time of the application.

regulatory body, in relation to a person, means any of the following—

(a)the National Agency;

(b)for a person who is or was a registered health practitioner—a National Board for a health profession in which the person is or was registered.

relevant action, for Division 10 of Part 8, see section 178.

relevant fee, for a service provided by a National Board, means the fee—

(a)set under a health profession agreement between the Board and the National Agency for the service; and

(b)published on the Board’s website under section 26(3).

relevant provision—

(a)for Division 7A of Part 8, see section 159B; or

(b)for Division 7B of Part 8, see section 159P.

responsible Minister means a Minister responsible for the administration of this Law in a participating jurisdiction.

responsible tribunal means a tribunal or court that—

(a)is declared, by the Act applying this Law in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of this Law as applied in that jurisdiction, or

(b)is declared, by a law that substantially corresponds to this Law enacted in a participating jurisdiction, to be the responsible tribunal for that jurisdiction for the purposes of the law of that jurisdiction.

review period, for a condition or undertaking, means the period during which the condition may not be changed or removed, or the undertaking may not be changed or revoked, under section 125, 126 or 127.

scheduled medicine means a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth.

specialist health practitioner means a person registered under this Law in a recognised specialty.

Specialists Register means a register kept by a National Board under section 223.

specialist title, in relation to a recognised specialty, means a title that is approved by the Ministerial Council under section 13 as being a specialist title for that recognised specialty.

State or Territory Board has the meaning given by section 36.

student means a person whose name is entered in a student register as being currently registered under this Law.

student register, for a health profession, means a register kept under section 229 by the National Board established for the profession.

suspension period, in relation to a person’s registration in a health profession, for Subdivision 2 of Division 9 of Part 7, see section 112A.

unprofessional conduct, of a registered health practitioner, means professional conduct that is of a lesser standard than that which might reasonably be expected of the health practitioner by the public or the practitioner’s professional peers, and includes—

(a)a contravention by the practitioner of this Law, whether or not the practitioner has been prosecuted for, or convicted of, an offence in relation to the contravention; and

(b)a contravention by the practitioner of—

(i)a condition to which the practitioner’s registration was subject; or

(ii)an undertaking given by the practitioner to the National Board that registers the practitioner; and

(c)the conviction of the practitioner for an offence under another Act, the nature of which may affect the practitioner’s suitability to continue to practise the profession; and

(d)providing a person with health services of a kind that are excessive, unnecessary or otherwise not reasonably required for the person’s well-being; and

(e)influencing, or attempting to influence, the conduct of another registered health practitioner in a way that may compromise patient care; and

(f)accepting a benefit as inducement, consideration or reward for referring another person to a health service provider or recommending another person use or consult with a health service provider; and

(g)offering or giving a person a benefit, consideration or reward in return for the person referring another person to the practitioner or recommending to another person that the person use a health service provided by the practitioner; and

(h)referring a person to, or recommending that a person use or consult, another health service provider, health service or health product if the practitioner has a pecuniary interest in giving that referral or recommendation, unless the practitioner discloses the nature of that interest to the person before or at the time of giving the referral or recommendation.

unregistered person means a person who is not registered, or whose registration is suspended, under this Law.

unsatisfactory professional performance, of a registered health practitioner, means the knowledge, skill or judgment possessed, or care exercised by, the practitioner in the practice of the health profession in which the practitioner is registered is below the standard reasonably expected of a health practitioner of an equivalent level of training or experience.

voluntary notification means a notification made under Division 3 of Part 8.

6   Interpretation generally

Schedule 7 applies in relation to this Law.

7   Single national entity

(1)It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by or under this Law is one single national entity, with functions conferred by this Law as so applied.

(2)An entity established by or under this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.

(3)An entity established by or under this Law may exercise its functions in relation to—

(a)one participating jurisdiction; or

(b)2 or more or all participating jurisdictions collectively.

(4)In this section, a reference to this Law as applied by an Act of a jurisdiction includes a reference to a law that substantially corresponds to this Law enacted in a jurisdiction.

8   Extraterritorial operation of Law

It is the intention of the Parliament of this jurisdiction that the operation of this Law is to, as far as possible, include operation in relation to the following—

(a)things situated in or outside the territorial limits of this jurisdiction;

(b)acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;

(c)things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.

9   Trans-Tasman mutual recognition principle

This Law does not affect the operation of an Act of a participating jurisdiction providing for the application of the Trans-Tasman mutual recognition principle to occupations.

10   Law binds the State

(1)This Law binds the State.

(2)In this section—

State means the Crown in right of this jurisdiction, and includes—

(a)the Government of this jurisdiction; and

(b)a Minister of the Crown in right of this jurisdiction; and

(c)a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

Part 2    Ministerial Council

11   Policy directions

(1)The Ministerial Council may give directions to the National Agency about the policies to be applied by the National Agency in exercising its functions under this Law.

(2)The Ministerial Council may give directions to a National Board about the policies to be applied by the National Board in exercising its functions under this Law.

(3)Without limiting subsections (1) and (2), a direction under this section may relate to—

(a)a matter relevant to the policies of the National Agency or a National Board; or

(b)an administrative process of the National Agency or a National Board; or

(c)a procedure of the National Agency or a National Board; or

(d)a particular proposed accreditation standard, or a particular proposed amendment of an accreditation standard, for a health profession.

(4)However, the Ministerial Council may give a National Board a direction under subsection (3)(d) only if—

(a)in the Council’s opinion, the proposed accreditation standard or amendment will have a substantive and negative impact on the recruitment or supply of health practitioners; and

(b)the Council has first given consideration to the potential impact of the Council’s direction on the quality and safety of health care.

(5)A direction under this section cannot be about—

(a)a particular person; or

(b)a particular qualification; or

(c)a particular application, notification or proceeding.

(6)The National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section.

12   Approval of registration standards

(1)The Ministerial Council may approve a registration standard about—

(a)the registration, or renewal of registration, of persons in a health profession; or

(b)the endorsement, or renewal of the endorsement, of the registration of registered health practitioners.

(2)The Ministerial Council may approve a registration standard for a health profession only if—

(a)its approval is recommended by the National Board established for the health profession; and

(b)it does not provide for a matter about which an accreditation standard may provide.

Note.

An accreditation standard for a health profession is a standard used to assess whether a program of study, and the education provider that provides the program, provide persons who complete the program with the knowledge, skills and professional attributes to practise the profession in Australia. Accreditation standards are developed and approved under Division 3 of Part 6.

(3)The Ministerial Council may, at any time, ask a National Board to review an approved or proposed registration standard for the health profession for which the National Board is established.

(4)The Ministerial Council may delegate any of the Council’s powers under subsection (1) to an entity it considers appropriate to exercise the power.

13   Approvals in relation to specialist registration

(1)The following health professions, or divisions of health professions, are health professions for which specialist recognition operates under this Law—

(a)the medical profession;

(b)the dentists division of the dental profession;

(c)any other health profession approved by the Ministerial Council, on the recommendation of the National Board established for the profession.

(2)If a health profession is a profession for which specialist recognition operates, the Ministerial Council may, on the recommendation of the National Board established for the profession—

(a)approve a list of specialties for the profession; and

(b)approve one or more specialist titles for each specialty in the list.

(3)In making a recommendation to the Ministerial Council for the purposes of subsection (1)(c) or (2), a National Board established for a health profession may have regard to any relevant advice provided by—

(a)an accreditation authority for the profession; or

(b)a specialist college for the profession.

(4)The Ministerial Council may provide guidance to a National Board established for a health profession for which specialist recognition will operate in relation to the criteria for the approval of specialties for the profession by the Council.

14   Approval of endorsement in relation to scheduled medicines

(1)The Ministerial Council may, on the recommendation of a National Board, decide that the Board may endorse the registration of health practitioners practising a profession for which the Board is established as being qualified to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines.

Note.

See section 94 which provides for the endorsement of health practitioners’ registration in relation to scheduled medicines.

(2)An approval under subsection (1) is to specify—

(a)the class of health practitioners registered by the Board to which the approval relates; and

(b)whether the National Board may endorse the registration of the class of health practitioners as being qualified in relation to a particular scheduled medicine or a class of scheduled medicines; and

(c)whether the National Board may endorse the registration of the class of health practitioners in relation to administering, obtaining, possessing, prescribing, selling, supplying or using the scheduled medicine or class of scheduled medicines.

15   Approval of areas of practice for purposes of endorsement

The Ministerial Council may, on the recommendation of a National Board, approve an area of practice in a health profession for which the Board is established as being an area of practice for which the registration of a health practitioner registered in the profession may be endorsed.

Note.

See section 98 which provides for the endorsement of health practitioners’ registration in relation to approved areas of practice.

16   How Ministerial Council exercises functions

(1)The Ministerial Council is to give a direction or approval, or make a recommendation, request or appointment, for the purposes of a provision of this Law by resolution of the Council passed in accordance with procedures determined by the Council.

(2)An act or thing done by the Ministerial Council (whether by resolution, instrument or otherwise) does not cease to have effect merely because of a change in the Council’s membership.

17   Notification and publication of directions and approvals

(1)A copy of any direction given by the Ministerial Council to the National Agency—

(a)is to be given to the Chairperson of the Agency Board; and

(b)must be published by the National Agency on its website as soon as practicable after being received by the Chairperson.

(2)A copy of a direction or approval given by the Ministerial Council to a National Board—

(a)is to be given to the Chairperson of the National Board; and

(b)if the direction is given under section 11(3)(d), is to include reasons for the direction; and

(c)must be published by the National Board on its website as soon as practicable after being received by the Chairperson.

(3)A copy of a direction or approval given by the Ministerial Council to the National Agency or to a National Board is to be published in the annual report of the National Agency.

Part 3    [Repealed]

18   [Repealed]

19   [Repealed]

20   [Repealed]

21   [Repealed]

22   [Repealed]

Part 4    Australian Health Practitioner Regulation Agency

Division 1 National Agency

23   National Agency

(1)The Australian Health Practitioner Regulation Agency is established.

(2)The National Agency—

(a)is a body corporate with perpetual succession; and

(b)has a common seal; and

(c)may sue and be sued in its corporate name.

(3)The National Agency represents the State.

(4)Schedule 3 sets out provisions relating to the National Agency.

24   General powers of National Agency

The National Agency has all the powers of an individual and, in particular, may—

(a)enter into contracts; and

(b)acquire, hold, dispose of, and deal with, real and personal property; and

(c)do anything necessary or convenient to be done in the exercise of its functions.

25   Functions of National Agency

The functions of the National Agency are as follows—

(a)to provide administrative assistance and support to the National Boards, and the Boards’ committees, in exercising their functions;

(b)in consultation with the National Boards, to develop and administer procedures for the purpose of ensuring the efficient and effective operation of the National Boards;

(c)to establish procedures for the development of accreditation standards, registration standards and codes and guidelines approved by National Boards, for the purpose of ensuring the national registration and accreditation scheme operates in accordance with good regulatory practice;

(d)to negotiate in good faith with, and attempt to come to an agreement with, each National Board on the terms of a health profession agreement;

(e)to establish and administer an efficient procedure for receiving and dealing with applications for registration as a health practitioner and other matters relating to the registration of registered health practitioners;

(f)in conjunction with the National Boards, to keep up-to-date and publicly accessible national registers of registered health practitioners for each health profession;

(g)in conjunction with the National Boards, to keep up-to-date national registers of students for each health profession;

(h)to keep an up-to-date and publicly accessible list of approved programs of study for each health profession;

(i)to establish an efficient procedure for receiving and dealing with notifications against persons who are or were registered health practitioners and persons who are students, including by establishing a national process for receiving notifications about registered health practitioners in all professions;

(c)to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to—

(i)the Division, designated by the number, of the Part in which the reference occurs; and

(ii)the Subdivision, designated by the number, of the Division in which the reference occurs; and

(iii)the subsection, designated by the number, of the section in which the reference occurs; and

(iv)the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and

(v)the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and

(vi)the subparagraph, designated by the number, of the paragraph in which the reference occurs; and

(vii)the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and

(viii)the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs;

as the case requires.

21   Reference to provisions of this Law or an Act is inclusive

In this Law, a reference to a portion of this Law or an Act includes—

(a)a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and

(b)a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion.

Example.

A reference to “sections 5 to 9” includes both section 5 and section 9.

It is not necessary to refer to “sections 5 to 9 (both inclusive)” to ensure that the reference is given an inclusive interpretation.

Part 4    Functions and powers

22   Performance of statutory functions

(1)If this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires.

(2)If this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned.

(3)If this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body.

23   Power to make instrument or decision includes power to amend or repeal

If this Law authorises or requires the making of an instrument or decision—

(a)the power includes power to amend or repeal the instrument or decision; and

(b)the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision.

24   Matters for which statutory instruments may make provision

(1)If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of—

(a)an Act or statutory instrument; or

(b)another document (whether of the same or a different kind);

as in force at a particular time or as in force from time to time.

(2)If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides.

(3)A statutory instrument may—

(a)apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or

(b)apply generally to all persons, matters or things or be limited in its application to—

(i)particular persons, matters or things; or

(ii)particular classes of persons, matters or things; or

(c)otherwise apply generally or be limited in its application by reference to specified exceptions or factors.

(4)A statutory instrument may—

(a)apply differently according to different specified factors; or

(b)otherwise make different provision in relation to—

(i)different persons, matters or things; or

(ii)different classes of persons, matters or things.

(5)A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body.

(6)If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter.

(7)If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter.

(8)A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.

(9)A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.

25   Presumption of validity and power to make

(1)All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.

(2)A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.

26   Appointments may be made by name or office

(1)If this Law authorises or requires a person or body—

(a)to appoint a person to an office; or

(b)to appoint a person or body to exercise a power; or

(c)to appoint a person or body to do another thing;

the person or body may make the appointment by—

(d)appointing a person or body by name; or

(e)appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.

(2)An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.

27   Acting appointments

(1)If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—

(a)a person by name; or

(b)a particular officer, or the holder of a particular office, by reference to the title of the office concerned;

to act in the office.

(2)The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.

(3)The appointer may—

(a)determine the terms and conditions of the appointment, including remuneration and allowances; and

(b)terminate the appointment at any time.

(4)The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.

(5)The appointee must not act for more than 1 year during a vacancy in the office.

(6)If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until—

(a)the appointer otherwise directs; or

(b)the vacancy is filled; or

(c)the end of a year from the day of the vacancy;

whichever happens first.

(7)The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.

(8)While the appointee is acting in the office—

(a)the appointee has all the powers and functions of the holder of the office; and

(b)this Law and other laws apply to the appointee as if the appointee were the holder of the office.

(9)Anything done by or in relation to a person purporting to act in the office is not invalid merely because—

(a)the occasion for the appointment had not arisen; or

(b)the appointment had ceased to have effect; or

(c)the occasion for the person to act had not arisen or had ceased.

(10)If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.

28   Powers of appointment imply certain incidental powers

(1)If this Law authorises or requires a person or body to appoint a person to an office—

(a)the power may be exercised from time to time as occasion requires; and

(b)the power includes—

(i)power to remove or suspend, at any time, a person appointed to the office; and

(ii)power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and

(iii)power to reinstate or reappoint a person removed or suspended; and

(iv)power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and

(v)power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).

(2)The power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.

(3)The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.

(4)An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.

29   Delegation of functions

(1)If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—

(a)a person or body by name; or

(b)a specified officer, or the holder of a specified office, by reference to the title of the office concerned.

(2)The delegation may be—

(a)general or limited; and

(b)made from time to time; and

(c)revoked, wholly or partly, by the delegator.

(3)The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.

(4)A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.

(5)The delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.

(6)A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.

(7)A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.

(8)If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.

(9)If—

(a)the delegator is a specified officer or the holder of a specified office; and

(b)the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;

then—

(c)the delegation continues in force; and

(d)the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.

(10)If—

(a)the delegator is a body; and

(b)there is a change in the membership of the body;

then—

(c)the delegation continues in force; and

(d)the body as constituted for the time being is taken to be the delegator for the purposes of this section.

(11)If a function is delegated to a specified officer or the holder of a specified office—

(a)the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and

(b)the function may be exercised by the person for the time being occupying or acting in the office concerned.

(12)A function that has been delegated may, despite the delegation, be exercised by the delegator.

(13)The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.

(14)Subject to subsection (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function.

(15)If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.

30   Exercise of powers between enactment and commencement

(1)If a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—

(a)to make an appointment; or

(b)to make a statutory instrument of a legislative or administrative character; or

(c)to do another thing;

then—

(d)the power may be exercised; and

(e)anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;

before the empowering provision commences.

(2)If a provision of a Queensland Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—

(a)to make an appointment; or

(b)to make a statutory instrument of a legislative or administrative character; or

(c)to do another thing;

then—

(d)the power may be exercised; and

(e)anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;

before the empowering provision commences.

(3)If—

(a)this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power); and

(b)a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power);

then—

(c)the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and

(d)any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subclause (2).

(4)If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of—

(a)enabling the exercise of a power mentioned in the subclause; or

(b)bringing an appointment, instrument or other thing made or done under such a power into effect;

the instrument or provision takes effect—

(c)on the making of the instrument; or

(d)on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.

(5)If—

(a)an appointment is made under subclause (1) or (2); or

(b)an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4);

the appointment, instrument or provision takes effect—

(c)on the commencement of the relevant empowering provision; or

(d)on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.

(6)Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.

(7)After the enactment of a provision mentioned in subclause (2) but before the provision’s commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision.

(8)In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.

Part 5    Distance, time and age

31   Matters relating to distance, time and age

(1)In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.

(2)If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—

(a)if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and

(b)in any other case—by including the day on which the purpose is to be fulfilled.

(3)If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.

(4)If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.

(5)If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.

(6)If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.

(7)For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.

Part 6    Effect of repeal, amendment or expiration

32   Time of Law ceasing to have effect

If a provision of this Law is expressed—

(a)to expire on a specified day; or

(b)to remain or continue in force, or otherwise have effect, until a specified day;

this provision has effect until the last moment of the specified day.

33   Repealed Law provisions not revived

If a provision of this Law is repealed or amended by a Queensland Act, or a provision of a Queensland Act, the provision is not revived merely because the Queensland Act or the provision of the Queensland Act—

(a)is later repealed or amended; or

(b)later expires.

34   Saving of operation of repealed Law provisions

(1)The repeal, amendment or expiry of a provision of this Law does not—

(a)revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or

(b)affect the previous operation of the provision or anything suffered, done or begun under the provision; or

(c)affect a right, privilege or liability acquired, accrued or incurred under the provision; or

(d)affect a penalty incurred in relation to an offence arising under the provision; or

(e)affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.

(2)Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.

35   Continuance of repealed provisions

If a Queensland Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.

36   Law and amending Acts to be read as one

This Law and all Queensland Acts amending this Law are to be read as one.

Part 7    Instruments under Law

37   Schedule applies to statutory instruments

(1)This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.

(2)The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.

Part 8    Application to coastal sea

38   Application

This Law has effect in and in relation to the coastal sea of this jurisdiction as if that coastal sea were part of this jurisdiction.