Health Practitioner Regulation National Law (ACT) Act 2010 (ACT)

Health Practitioner Regulation National Law (ACT) Act 2010   

A2010-10

Republication No 7

Effective:  18 September 2024

Republication date: 18 September 2024

Last amendment made by A2024‑42

About this republication

The republished law

This is a republication of the Health Practitioner Regulation National Law (ACT) Act 2010 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 September 2024.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 September 2024. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Health Practitioner Regulation National Law (ACT) Act 2010

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Terms used in Health Practitioner Regulation National Law (ACT)          2

5            Notes  2

Part 2      Adoption of Health Practitioner Regulation National Law

6            Application of Health Practitioner Regulation National Law                   3

7           Meaning of generic terms in Health Practitioner Regulation National Law for purposes of this jurisdiction  3

8            Responsible tribunal for Health Practitioner Regulation National Law (ACT) 3

9            Exclusion of territory laws  4

10          Regulation-making power  4

Schedule 1 Modifications—Health Practitioner Regulation National Law         5

Dictionary15

Endnotes

1            About the endnotes  16

2            Abbreviation key  16

3            Legislation history  17

4            Amendment history  19

5            Earlier republications  22

Health Practitioner Regulation National Law (ACT) Act 2010

An Act about health practitioner regulation, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Health Practitioner Regulation National Law (ACT) Act 2010.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Terms used in Health Practitioner Regulation National Law (ACT)

   Terms used in this Act and also in the Health Practitioner Regulation National Law (ACT) have the same meanings in this Act as they have in that Law.

4. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Adoption of Health Practitioner Regulation National Law

1. Application of Health Practitioner Regulation National Law

   The Health Practitioner Regulation National Law, as in force from time to time, set out in the schedule to the Qld Act—

   (a)applies as a territory law, as modified by schedule 1; and

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

   (c)so applies as if it were a part of this Act.

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

   In the Health Practitioner Regulation National Law (ACT):

   magistrates court means the Magistrates Court.

   the State means the Territory.

   this jurisdiction means the ACT.

3. Responsible tribunal for Health Practitioner Regulation National Law (ACT)

   The ACAT is declared to be the responsible tribunal for this jurisdiction for the Health Practitioner Regulation National Law (ACT).

   NoteResponsible tribunal—see the Health Practitioner Regulation National Law (ACT), s 5.

4. Exclusion of territory laws

   The following territory laws do not apply to the Health Practitioner Regulation National Law (ACT) or to instruments made under that Law:

   (a)the Annual Reports (Government Agencies) Act 2004;

   (b)the Auditor-General Act 1996;

   (c)the Criminal Code 2002;

   (d)the Financial Management Act 1996;

   (e)the Freedom of Information Act 2016;

   (f)the Legislation Act 2001;

   (g)the Ombudsman Act 1989;

   (h)the Public Sector Management Act 1994.

   NoteThe Health Practitioner Regulation National Law (ACT), s 198 provides that the provisions about appeals in the Law apply despite the ACT Civil and Administrative Tribunal Act 2008, but does not otherwise limit that Act.

5. Regulation-making power

   The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1Modifications—Health Practitioner Regulation National Law

(see s 6)

[1.1]New section 35A

insert

35ANational Board consideration of criminal history

(1)In making a decision under this Act that relates to an individual’s criminal history, a National Board must consider—

(a)the individual’s criminal record; and

(b)the inherent requirements of the profession, division or recognised specialty, for which the individual is seeking registration; and

(c)whether or not there is a high degree of direct connection between the individual’s criminal record and the inherent requirements of the profession, division or recognised specialty.

(2)If guidelines have been made by the National Board for this section, the board must also consider the guidelines when making the decision.

[1.2]Section 150 (1)

omit everything before paragraph (a), substitute

(1)If a National Board receives a complaint, the board must, as soon as practicable after its receipt—

[1.3]New section 150 (4A)

insert

(4A)The action that may be taken in relation to a notification or complaint, or part of a notification or complaint, from most serious to least serious, is as follows:

(a)deal with the notification or complaint, or part, under part 8, division 7 (Immediate action);

(aa)deal with the notification or complaint, or part, under part 8, division 7A (Interim prohibition orders);

(b)refer the notification or complaint, or part, to the responsible tribunal under part 8, division 12 (Referring matter to responsible tribunals);

(c)refer the notification or complaint, or part, to the health complaints entity to be considered under the Human Rights Commission Act 2005;

(ca)refer the notification or complaint, or part, to another entity under section 150A (Referral to other entities);

(d)investigate the notification or complaint, or part, under part 8, division 8 (Investigations);

(e)deal with the notification or complaint, or part, as a professional standards matter under part 8, division 11 (Panels);

(f)deal with the notification or complaint, or part, as a health matter under part 8, division 11 (Panels);

(g)take action under part 8, division 10 (Action by National Board);

(h)decide to take no further action in relation to the notification, complaint, or part, in accordance with section 151 (When National Board may decide to take no further action).

[1.4]Section 150 (5)

omit

If an investigation, conciliation or other action taken by a health complaints entity

substitute

If an investigation or other action taken by a health complaints entity, other than a conciliation,

[1.5]New section 150 (5A)

insert

(5A)If a notification or complaint is referred to the health complaints entity for consideration under subsection (4A) (c), the health complaints entity must report the results of the consideration to the National Board as soon as practicable.

[1.6]Section 151 (1)

omit

A National Board

substitute

Subject to section 150, a National Board

[1.7]Section 152 (2)

substitute

(2)The notice must advise the registered health practitioner or student of—

(a)the nature of the notification; and

(b)the powers that the board might exercise in relation to the notification; and

(c)the procedural rights that the health practitioner or student has under this Act.

(2A)If a National Board approves a form for the notice, the notice must be in the approved form.

[1.8]Section 160 (1)

omit

A National Board

substitute

Subject to section 150, a National Board

[1.9]New section 166 (3)

insert

(3)The National Board to which the report is given must give a copy of the report to the health complaints entity as soon as practicable.

[1.10]Section 167

omit everything before paragraph (a), substitute

1. Joint decision by National Board and health complaints entity

   (1)The National Board must consider the investigator’s report jointly with the health complaints entity and attempt to reach agreement on how the matter that is the subject of the report is to be dealt with.

   (2)After consideration under subsection (1), the National Board must decide—

[1.11]New section 167 (3) and (4)

insert

(3)However, if the National Board and the health complaints entity are not able to reach agreement on how the matter is to be dealt with, the decision of the board under subsection (2) must be to take the most serious action proposed by either the board or the health complaints entity.

(4)The actions that may be taken in relation to the matter, from most serious to least serious, are the actions set out in section 150 (4A).

[1.12]New section 172 (2) (ca) and (cb)

insert

(ca)the powers that the board might exercise in relation to the assessment; and

(cb)the procedural rights that the health practitioner or student has under this Act.

[1.13]New section 172 (3)

insert

(3)If a National Board approves a form for the notice, the notice must be in the approved form.

[1.14]Section 175

omit

The assessor must

substitute

(1)The assessor must

[1.15]New section 175 (2)

insert

(2)If the report relates to a performance assessment, the National Board to which the report is given must give a copy of the report to the health complaints entity as soon as practicable.

[1.16]Section 177

omit everything before paragraph (a), substitute

1. Joint decision by National Board and health complaints entity

   (1)The National Board must consider the report and discussions held with the registered health practitioner or student under section 176 (3).

   (2)If the assessor’s report relates to a performance assessment, the consideration must be joint consideration with the health complaints entity, and the National Board and health complaints entity must attempt to reach agreement on how the registered health practitioner or student is to be dealt with.

   (3)After consideration, the National Board may decide to—

[1.17]New section 177 (4) and (5)

insert

(4)If the report relates to a performance assessment and the National Board and the health complaints entity are not able to reach agreement on what to do in relation to the registered health practitioner or student, the decision of the board under subsection (3) must be to take the most serious action proposed by either the board or the health complaints entity.

(5)The actions that may be taken under subsection (4), from most serious to least serious, are the actions set out in section 150 (4A).

[1.18]New section 178 (1A)

insert

(1A)This section also applies if—

(a)on jointly considering a notification, complaint or other matter, the health complaints entity is satisfied on reasonable grounds that the National Board should take action under subsection (2) (a), (b) or (c) in relation to a registered health practitioner or student registered by the board; and

(b)the action proposed by the health complaints entity to be taken by the board is more serious than any other action proposed by the board to be taken.

[1.19]New section 178 (4)

insert

(4)If this section applies in relation to a registered health practitioner or student registered by the board because of subsection (1A), the National Board must—

(a)jointly consider with the health complaints entity the action to be taken under subsection (2) (a), (b) or (c); and

(b)take the action agreed after joint consideration.

[1.20]New section 184 (3)

insert

(3)The panel must also give a copy of the notice to the health complaints entity as soon as practicable.

[1.21]New section 185 (4)

insert

(4)A panel must have regard to evidence given by the health complaints entity under section 186A.

[1.22]New section 186A

insert

186ARole of health complaints entity

At a hearing of a panel, the health complaints entity may—

(a)be represented; and

(b)give evidence about the consideration of a complaint or other matter by the health complaints entity; and

(c)be present at the hearing even if not giving evidence.

[1.23]New section 192 (3A)

insert

(3A)The National Board must also, within 30 days after the panel makes its decision, give the health complaints entity a copy of the notice given to the registered health practitioner or student.

[1.24]Schedule 5, part 1, clause 2 (3)

substitute

(3)For subclauses (1) and (2), it is not a reasonable excuse for an individual to fail to give stated information, answer a question or produce a document only because giving the information, answering the question or producing the document might tend to incriminate the individual.

(4)However—

(a)the information, answer or document required to be given, answered or provided by the individual is not admissible in evidence against the individual in a criminal proceeding, other than a proceeding for—

(i)an offence against this schedule; or

(ii)an offence in relation to the falsity of the information, answer or document; and

(b)evidence that was discovered as a result of the information or answer, and that could not have been discovered but for the giving of the information or answering of the question, is not admissible against the individual in a criminal proceeding.

[1.25]Schedule 6, part 1, clause 2 (3)

substitute

(3)For subclauses (1) and (2), it is not a reasonable excuse for an individual to fail to give stated information, answer a question or produce a document only because giving the information, answering the question or producing the document might tend to incriminate the individual.

(4)However—

(a)the information, answer or document required to be given, answered or provided by the individual is not admissible in evidence against the individual in a criminal proceeding, other than a proceeding for—

(i)an offence against this schedule; or

(ii)an offence in relation to the falsity of the information, answer or document; and

(b)evidence that was discovered as a result of the information or answer, and that could not have been discovered but for the giving of the information or answering of the question, is not admissible against the individual in a criminal proceeding.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACAT

·     Magistrates Court

·     Minister (see s 162)

·     pharmacist

·     territory law.

Health Practitioner Regulation National Law (ACT) means the provisions applying in this jurisdiction because of section 6.

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

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10

   notified LR 31 March 2010
   s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
   amdt 2.106 commenced 1 July 2012 (s 2 (2))

   remainder commenced 1 July 2010 (s 2 (1) (a))

   as modified by

   Health Practitioner Regulation National Law (ACT) (Transitional Provisions) Regulation 2010 SL2010-25 s 3

   notified LR 24 June 2010
   s 1, s 2 commenced 24 June 2010 (LA s 75 (1))
   s 3 commenced 1 July 2010 (s 2 and see Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 s 2 (1) (a))

   Health Practitioner Regulation National Law (ACT) (Transitional Provisions) Regulation 2010 (No 2) SL2010-39 s 3

   notified LR 11 October 2010
   s 1, s 2 commenced 11 October 2010 (LA s 75 (1))
   s 3 commenced 12 October 2010 (s 2)

   as amended by

   Freedom of Information Act 2016 A2016-55 sch 4 pt 4.14 (as am by A2017-14 s 19)

   notified LR 26 August 2016
   s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
   sch 4 pt 4.14 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)

   Justice and Community Safety Legislation Amendment Act 2017 (No 2) A2017-14 s 19

   notified LR 17 May 2017
   s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
   s 19 commenced 24 May 2017 (s 2 (1))

   NoteThis Act only amends the Freedom of Information Act 2016 A2016-55.

   Health Legislation Amendment Act 2024 A2024-42 pt 3

   notified LR 17 September 2024
   s 1, s 2 commenced 17 September 2024 (LA s 75 (1))
   s 6 commenced 18 September 2024 (s 2 (3) (b))
   pt 3 remainder commenced 18 September 2024 (s 2 (1))

1. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Exclusion of territory laws

   s 9am A2016-55 amdt 4.16

   Review of Act

   s 11exp 1 July 2012 (s 11 (2))

   Local provisions

   pt 3 hdgexp 1 July 2012 (s 15)

   Amendment of legislation

   div 3.1 hdgexp 1 July 2012 (s 15)

   Legislation amended—sch 2

   s 12exp 1 July 2012 (s 15)

   Modification—Health Act 1993

   s 12Ains as mod SL2010‑39 s 3

   exp 1 July 2012 (see SL2010‑39 s 4)

   Transitional provisions

   div 3.2 hdgexp 1 July 2012 (s 15)

   Transitional regulations

   s 13exp 1 July 2012 (s 15)

   Modification—sch 1

   s 13Ains as mod SL2010‑25 s 3

   exp 1 July 2012 (see SL2010‑25 s 4)

   Annual reports for old boards

   s 14exp 1 January 2011 (s 14 (3))

   Expiry—pt 3

   s 15exp 1 July 2012 (s 15)

   Modifications—Health Practitioner Regulation National Law

   sch 1mod SL2010‑25 s 3

   mod 1.23A, mod 1.23B exp 1 July 2012 (see SL2010‑25 s 4)

   am A2024-42 s 6, s 7

   Consequential amendments

   sch 2 hdgom LA s 89 (3)

   Administrative Decisions (Judicial Review) Act 1989

   sch 2 pt 2.1om LA s 89 (3)

   Children and Young People Act 2008

   sch 2 pt 2.2om LA s 89 (3)

   Civil Law (Wrongs) Act 2002

   sch 2 pt 2.3om LA s 89 (3)

   Corrections Management Act 2007

   sch 2 pt 2.4om LA s 89 (3)

   Crimes Act 1900

   sch 2 pt 2.5om LA s 89 (3)

   Crimes (Forensic Procedures) Act 2000

   sch 2 pt 2.6om LA s 89 (3)

   Health Act 1993

   sch 2 pt 2.7om LA s 89 (3)

   Health Professionals Act 2004

   sch 2 pt 2.8om LA s 89 (3)

   Health Professionals Regulation 2004

   sch 2 pt 2.9om LA s 89 (3)

   Health Professionals (Special Events Exemptions) Act 2000

   sch 2 pt 2.10         om LA s 89 (3)

   Health Records (Privacy and Access) Act 1997

   sch 2 pt 2.11om LA s 89 (3)

   Human Rights Commission Act 2005

   sch 2 pt 2.12om LA s 89 (3)

   Legislation Act 2001

   sch 2 pt 2.13om LA s 89 (3)

   Medicines, Poisons and Therapeutic Goods Act 2008

   sch 2 pt 2.14om LA s 89 (3)

   Medicines, Poisons and Therapeutic Goods Regulation 2008

   sch 2 pt 2.15om LA s 89 (3)

   Mental Health (Treatment and Care) Act 1994

   sch 2 pt 2.16om LA s 89 (3)

   Public Health Act 1997

   sch 2 pt 2.17         om LA s 89 (3)

   Radiation Protection Act 2006

   sch 2 pt 2.18om LA s 89 (3)

   Transplantation and Anatomy Act 1978

   sch 2 pt 2.19om LA s 89 (3)

   Victims of Crime (Financial Assistance) Act 1983

   sch 2 pt 2.20         om LA s 89 (3)

   Victims of Crime Regulation 2000

   sch 2 pt 2.21om LA s 89 (3)

   Workers Compensation Act 1951

   sch 2 pt 2.22om LA s 89 (3)

   Workers Compensation Regulation 2002

   sch 2 pt 2.23om LA s 89 (3)

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 July 2010	1 July 2010– 11 Oct 2010	not amended	new Act and modifications by SL2010‑25
R2 12 Oct 2010	12 Oct 2010– 1 Jan 2011	not amended	modifications by SL2010‑39
R3 2 Jan 2011	2 Jan 2011– 30 June 2012	not amended	expiry of transitional provision (s 14)
R4 1 July 2012	1 July 2012– 1 July 2012	not amended	commenced provisions
R5 2 July 2012	2 July 2012‑ 31 Dec 2017	not amended	expiry of provisions (s 11, pt 3) and modifications (s 12A, s 13A)
R6 1 Jan 2018	1 Jan 2018– 17 Sept 2024	A2017‑14	amendments by A2016-55 as amended by A2017‑14