Health Practitioner Regulation National Law (NSW) (NSW)
The Health Practitioner Regulation National Law is applied and modified as a law of NSW by the NSW Health Practitioner Regulation (Adoption of National Law) Act 2009. This version is the Law as it applies in NSW.
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
The Health Practitioner Regulation National Law is applied (with modifications) as a law of NSW by the NSW Health Practitioner Regulation (Adoption of National Law) Act 2009. This version is the Law as it applies in NSW.
This Law may be cited as the Health Practitioner Regulation National Law (NSW).
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.
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.
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.
(Repealed)
The main guiding principle of the national registration and accreditation scheme is that the protection of the health and safety of the public must be the paramount consideration.
The other guiding principles of the national registration and accreditation scheme are as follows—
(a) the scheme is to operate in a transparent, accountable, efficient, effective and fair way;
(a1) the scheme is to ensure the development of a culturally safe and respectful health workforce that—
(i) is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and
(ii) contributes to the elimination of racism in the provision of health services;
Example— Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.
(b) fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;
(c) restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.
This section is a substituted New South Wales provision.
In the exercise of functions under a NSW provision, the protection of the health and safety of the public must be the paramount consideration.
This section is an additional New South Wales provision.
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.
In this Law—
(a) an external accreditation entity; or
(b) an accreditation committee.
(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.
See section 6A of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that Professional Standards Committees, Councils and Performance Review Panels are all adjudication bodies for the purposes of the Health Practitioner Regulation National Law.
(a) approved by a National Board under section 47(3); and
(b) published on the Board’s website under section 47(6).
(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).
(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.
(a) approved by the Ministerial Council under section 12; and
(b) published on the website of the National Board that developed the standard.
(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.
A copy of the COAG Agreement is available on the National Agency’s website.
See section 6B of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that each Council is a co-regulatory authority for the purposes of the Health Practitioner Regulation National Law.
See section 6 of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that this jurisdiction is not participating in the health, performance and conduct process provided by Divisions 3 to 12 of Part 8 of the Health Practitioner Regulation National Law. As a consequence, New South Wales is a co-regulatory jurisdiction.
(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.
(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.
(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.
(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.
(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.
This definition is not applicable to New South Wales.
(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.
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.
(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.
(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.
(a) referred to in the COAG Agreement; and
(b) established by this Law.
(a) a mandatory notification; or
(b) a voluntary notification.
(a) a provision that forms part of this Law because of a modification made by the Health Practitioner Regulation (Adoption of National Law) Act 2009; or
(b) a NSW regulation.
This definition is an additional New South Wales provision.
This definition is an additional New South Wales provision.
This definition is not applicable to New South Wales.
(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.
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
(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.
(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.
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
(a) a public hospital; and
(b) a public health, teaching or research facility.
(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.
(a) a local registration authority; or
(b) an entity of a jurisdiction outside Australia that has responsibility for registering health practitioners in that jurisdiction.
(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.
This definition is not applicable to New South Wales.
(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).
(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.
See section 6C of the Health Practitioner Regulation (Adoption of National Law) Act 2009 which declares that the Civil and Administrative Tribunal is the responsible Tribunal for the purposes of the Health Practitioner Regulation National Law.
This definition is not applicable to New South Wales.
This definition is not applicable to New South Wales.
Schedule 7 applies in relation to this Law.
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.
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.
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.
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.
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.
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.
This Law binds the State.
In this section—
(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.
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.
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.
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.
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.
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.
The National Agency or a National Board must comply with a direction given to it by the Ministerial Council under this section.
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.
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.
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.
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.
The Ministerial Council may delegate any of the Council’s powers under subsection (1) to an entity it considers appropriate to exercise the power.
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.
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.
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.
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.
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.
See section 94 which provides for the endorsement of health practitioners’ registration in relation to scheduled medicines.
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.
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.
See section 98 which provides for the endorsement of health practitioners’ registration in relation to approved areas of practice.
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.
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.
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.
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.
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.
(Repealed)
The Australian Health Practitioner Regulation Agency is established.
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.
The National Agency represents the State.
Schedule 3 sets out provisions relating to the 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.
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;
(j) to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme;
(k) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the administration of the national registration and accreditation scheme;
(ka) to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;
(l) any other function given to the National Agency by or under this Law.
The National Agency must enter into an agreement (a
(a) the fees that will be payable under this Law by health practitioners and others in respect of a health profession for which the Board is established (including arrangements relating to refunds of fees, waivers of fees and additional fees for late payment);
(b) the annual budget of the National Board (including the funding arrangements for its committees and accreditation authorities);
(c) the services to be provided to the National Board by the National Agency to enable the National Board to carry out its functions under this Law.
If the National Agency and a National Board are unable to agree on a matter relating to a health profession agreement or a proposed health profession agreement, the Ministerial Council may give directions to the National Agency and National Board about how the dispute is to be resolved.
Each National Board must publish on its website the fees for which provision has been made in a health profession agreement between the Board and the National Agency.
For the purposes of section 26, if the Ministerial Council gives a fees policy direction that provides a registration fee is to separately identify a registration and accreditation element and a complaints element, the amount of the complaints element for registration fees payable by NSW health practitioners for a particular health profession is to be decided by the Council established for that profession, with the approval of the Minister.
The Ministerial Council gave a fees policy direction on 13 November 2009 that provided that the registration fees payable under this Law were to separately identify the registration and accreditation elements and the complaints element of the fees.
In this section—
(a) a registered health practitioner whose principal place of practice is in this jurisdiction; or
(b) an applicant for registration whose application for registration includes a declaration under section 77(3) that—
(i) the applicant will predominantly practise the profession in this jurisdiction; or
(ii) the applicant’s principal place of residence is in this jurisdiction.
This section is an additional New South Wales provision.
The National Agency may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—
(a) a government agency of a participating jurisdiction or of the Commonwealth;
(b) a local registration authority;
(c) a co-regulatory authority;
(d) a health complaints entity;
(e) an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.
In particular, the National Agency may—
(a) ask an entity referred to in subsection (1) for information that the Agency requires to exercise its functions under this Law; and
(b) use the information to exercise its functions under this Law.
An entity referred to in subsection (1) that receives a request for information from the National Agency is authorised to give the information to the National Agency.
The National Agency is to establish a national office.
The National Agency is also to establish at least one local office in each participating jurisdiction.
The Australian Health Practitioner Regulation Agency Board is established.
The Agency Board is to consist of at least 5 members appointed by the Ministerial Council.
Of the members—
(a) one is to be a person appointed by the Ministerial Council as Chairperson, being a person who—
(i) is not a registered health practitioner; and
(ii) has not been registered as a health practitioner under this Law or a corresponding prior Act within the last 5 years; and
(b) at least 2 others are to be persons who have expertise in health, or education and training, or both; and
(c) at least 2 others are to be persons who are not current or former registered health practitioners and who have business or administrative expertise.
Schedule 2 sets out provisions relating to the Agency Board.
The functions of the Agency Board are as follows—
(a) subject to any directions of the Ministerial Council, to decide the policies of the National Agency;
(b) to ensure that the National Agency performs its functions in a proper, effective and efficient way;
(c) any other function given to the Board by or under this Law.
The affairs of the National Agency are to be controlled by the Agency Board and all acts and things done in the name of, or on behalf of, the National Agency by or with the authority of the Agency Board are taken to have been done by the National Agency.
The regulations must provide for a National Health Practitioner Board for each health profession.
The regulations may—
(a) continue an existing Board for a health profession; or
(b) establish a Board for a health profession or for 2 or more health professions; or
(c) dissolve a Board for a health profession (the
dissolved Board ) if another Board is established for that health profession (thereplacement Board ).
The regulations may provide for anything for which it is necessary or convenient to make provision to allow, facilitate or provide for the following—
(a) the continuation, establishment or dissolution of a Board under subsection (2);
(b) the completion of a matter started by the existing Board before the commencement;
(c) the effect of anything done by an existing Board before the commencement;
(d) the transfer of matters from a dissolved Board to a replacement Board.
Before a regulation is made under subsection (2)(b) or (c), the Ministers comprising the Ministerial Council must undertake public consultation on the proposed regulation.
However, failure to comply with subsection (4) does not affect the validity of the regulation.
In this section—
A National Board—
(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.
A National Board represents the State.
Subject to subsection (2), a National Board has the powers necessary to enable it to exercise its functions.
A National Board does not have power to—
(a) enter into contracts; or
(b) employ staff; or
(c) acquire, hold, dispose of, and deal with, real property.
The National Board may exercise any of its functions in co-operation with or with the assistance of a participating jurisdiction or the Commonwealth, including in co-operation with or with the assistance of any of the following—
(a) a government agency of a participating jurisdiction or of the Commonwealth;
(b) a local registration authority;
(c) a co-regulatory authority;
(d) a health complaints entity;
(e) an educational body or other body established by or under a law of a participating jurisdiction or the Commonwealth.
In particular, the National Board may—
(a) ask an entity referred to in subsection (3) for information that the Board requires to exercise its functions under this Law; and
(b) use the information to exercise its functions under this Law.
An entity referred to in subsection (3) that receives a request for information from the National Board is authorised to give the information to the National Board.
A National Board is to consist of members appointed in writing by the Ministerial Council.
Members of a National Board are to be appointed as practitioner members or community members.
Subject to this section, the Ministerial Council may decide the size and composition of a National Board.
At least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members.
The practitioner members of a National Board must consist of—
(a) at least one member from each large participating jurisdiction; and
(b) at least one member from a small participating jurisdiction;
(c) if the National Board is established for 2 or more health professions—at least one member of each health profession for which the Board is established.
At least 2 of the members of a National Board must be persons appointed as community members.
At least one of the members of a National Board must live in a regional or rural area.
A person cannot be appointed as a member of a National Board if the person is a member of the Agency Board.
One of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council.
The regulations may prescribe matters relating to the composition of practitioner members for a National Board established for 2 or more health professions.
Schedule 4 sets out provisions relating to a National Board.
In this section—
(a) New South Wales;
(b) Queensland;
(c) South Australia;
(d) Victoria;
(e) Western Australia.
(a) the Australian Capital Territory;
(b) the Northern Territory;
(c) Tasmania.
In deciding whether to appoint a person as a member of a National Board, the Ministerial Council is to have regard to the skills and experience of the person that are relevant to the Board’s functions.
A person is eligible to be appointed as a practitioner member only if the person is a registered health practitioner in a health profession for which the Board is established.
A person is eligible to be appointed as a community member only if the person is not, and has not at any time been, a health practitioner in a health profession for which the Board is established.
A person is not eligible to be appointed as a member of a National Board if—
(a) in the case of appointment as a practitioner member—the person has, whether before or after the commencement of this Law, as a result of the person’s misconduct, impairment or incompetence, ceased to be registered as a health practitioner in a health profession for which the Board is established; or
(b) in any case, the person has, at any time, been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Ministerial Council, renders the person unfit to hold the office of member.
The functions of a National Board established for a health profession are as follows—
(a) to register suitably qualified and competent persons in the health profession and, if necessary, to impose conditions on the registration of persons in the profession;
(b) to decide the requirements for registration or endorsement of registration in the health profession, including the arrangements for supervised practice in the profession;
(c) to develop or approve standards, codes and guidelines for the health profession, including—
(i) the approval of accreditation standards developed and submitted to it by an accreditation authority; and
(ii) the development of registration standards for approval by the Ministerial Council; and
(iii) the development and approval of codes and guidelines that provide guidance to health practitioners registered in the profession;
(d) to approve accredited programs of study as providing qualifications for registration or endorsement in the health profession;
(e) to oversee the assessment of the knowledge and clinical skills of overseas trained applicants for registration in the health profession whose qualifications are not approved qualifications for the profession, and to determine the suitability of the applicants for registration in Australia;
(f) to negotiate in good faith with, and attempt to come to an agreement with, the National Agency on the terms of a health profession agreement;
(g) to oversee the receipt, assessment and investigation of notifications about persons who—
(i) are or were registered as health practitioners in the health profession under this Law or a corresponding prior Act; or
(ii) are students in the health profession;
(h) to establish panels to conduct hearings about—
(i) health and performance and professional standards matters in relation to persons who are or were registered in the health profession under this Law or a corresponding prior Act; and
(ii) health matters in relation to students registered by the Board;
(i) to refer matters about health practitioners who are or were registered under this Law or a corresponding prior Act to responsible tribunals for participating jurisdictions;
(j) to oversee the management of health practitioners and students registered in the health profession, including monitoring conditions, undertakings and suspensions imposed on the registration of the practitioners or students;
(k) to make recommendations to the Ministerial Council about the operation of specialist recognition in the health profession and the approval of specialties for the profession;
(l) in conjunction with the National Agency, to keep up-to-date and publicly accessible national registers of registered health practitioners for the health profession;
(m) in conjunction with the National Agency, to keep an up-to-date national register of students for the health profession;
(n) at the Board’s discretion, to provide financial or other support for health programs for registered health practitioners and students;
(o) to give advice to the Ministerial Council on issues relating to the national registration and accreditation scheme for the health profession;
(p) if asked by the Ministerial Council, to give to the Ministerial Council the assistance or information reasonably required by the Ministerial Council in connection with the national registration and accreditation scheme;
(q) to do anything else necessary or convenient for the effective and efficient operation of the national registration and accreditation scheme;
(r) any other function given to the Board by or under this Law.
For the purposes of subsection (1)(g)–(j), the Board’s functions do not include receiving notifications and taking action referred to in those paragraphs in relation to behaviour by a registered health practitioner or student that occurred, or is reasonably believed to have occurred, in a co-regulatory jurisdiction.
A National Board may establish a committee (a
A State or Territory Board is to be known as the “[Name of participating jurisdiction for which it is established] Board” of the National Board.
The members of a State or Territory Board are to be appointed by the responsible Minister for the participating jurisdiction.
(a) The Pharmacy Board of Australia decides to establish a State or Territory Board for New South Wales. The State or Territory Board will be known as the New South Wales Board of the Pharmacy Board of Australia. The members of the State or Territory Board will be appointed by the responsible Minister for New South Wales.
(b) The Podiatry Board of Australia decides to establish a State or Territory Board for Queensland and the Northern Territory. The State or Territory Board will be known as the Queensland and Northern Territory Board of the Podiatry Board of Australia. The members of the State or Territory Board will be appointed jointly by the responsible Ministers for Queensland and the Northern Territory.
In deciding whether to appoint a person as a member of a State or Territory Board, the responsible Minister is to have regard to the skills and experience of the person that are relevant to the Board’s functions.
At least half, but not more than two-thirds, of the members of a State or Territory Board must be persons appointed as practitioner members.
At least 2 of the members of a State or Territory Board must be persons appointed as community members.
See section 299 which provides that subsections (5) and (6) do not apply to a State or Territory Board for a jurisdiction for the first 12 months after the jurisdiction becomes a participating jurisdiction.
Before a responsible Minister appoints a member of a State or Territory Board the vacancy to be filled is to be publicly advertised.
The National Agency may assist a responsible Minister in the process of appointing members of a State or Territory Board, including in the advertising of vacancies.
It is not necessary to advertise a vacancy in the membership of a State or Territory Board before appointing a person to act in the office of a member.
The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a State or Territory Board.
This section does not limit clause 11 of Schedule 4.
Clause 11 of Schedule 4 confers power for the establishment of other committees.
A National Board may delegate any of its functions, other than this power of delegation, to—
(a) a committee; or
(b) the National Agency; or
(c) a member of the staff of the National Agency; or
(d) a person engaged as a contractor by the National Agency.
The National Agency may subdelegate any function delegated to the National Agency by a National Board to a member of the staff of the National Agency.
A National Board must develop and recommend to the Ministerial Council one or more registration standards about the following matters for a health profession for which the Board is established—
(a) requirements for professional indemnity insurance arrangements for registered health practitioners registered in the profession;
(b) matters about the criminal history of applicants for registration in the profession, and registered health practitioners and students registered in a health profession for which the Board is established, including, the matters to be considered in deciding whether an individual’s criminal history is relevant to the practice of the profession;
(c) requirements for continuing professional development for registered health practitioners registered in the profession;
(d) requirements about the English language skills necessary for an applicant for registration in the profession to be suitable for registration in the profession;
(e) requirements in relation to the nature, extent, period and recency of any previous practice of the profession by applicants for registration in the profession.
Subject to subsection (3), a National Board may also develop, and recommend to the Ministerial Council, one or more registration standards about the following—
(a) the physical and mental health of—
(i) applicants for registration in the profession; and
(ii) registered health practitioners and students;
(b) the scope of practice of health practitioners registered in the profession;
(c) any other issue relevant to the eligibility of individuals for registration in the profession or the suitability of individuals to competently and safely practise the profession.
A registration standard may not be about a matter for which an accreditation standard may provide.
An accreditation standard for a health profession is 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 to practise the profession. Accreditation standards are developed and approved under Division 3 of Part 6.
A National Board may develop and approve codes and guidelines—
(a) to provide guidance to the health practitioners it registers; and
(b) about other matters relevant to the exercise of its functions.
A National Board may develop guidelines about the advertising of regulated health services by health practitioners registered by the Board or other persons for the purposes of section 133.
To assist a health practitioner in providing practice information under section 132, a National Board may develop guidelines about the information that must be provided to the Board.
If a National Board develops a registration standard or a code or guideline, it must ensure there is wide-ranging consultation about its content.
A contravention of subsection (1) does not invalidate a registration standard, code or guideline.
The following must be published on a National Board’s website—
(a) a registration standard developed by the Board and approved by the Ministerial Council;
(b) a code or guideline approved by the National Board.
An approved registration standard or a code or guideline takes effect—
(a) on the day it is published on the National Board’s website; or
(b) if a later day is stated in the registration standard, code or guideline, on that day.
An approved registration standard for a health profession, or a code or guideline approved by a National Board, is admissible in proceedings under this Law or a law of a co-regulatory jurisdiction against a health practitioner registered in a health profession for which the Board is established as evidence of what constitutes appropriate professional conduct or practice for the health profession.
This Part is an additional New South Wales provision.
In this Part—
Each of the following Councils is established for the health profession listed beside that Council in the following Table—
Table—State Councils
Name of Council | Health profession |
Aboriginal and Torres Strait Islander Health Practice Council of New South Wales | Aboriginal and Torres Strait Islander health practice |
Chinese Medicine Council of New South Wales | Chinese medicine |
Chiropractic Council of New South Wales | chiropractic |
Dental Council of New South Wales | dental (including the profession of a dentist, dental hygienist, dental prosthetist, dental therapist or oral health therapist) |
Medical Council of New South Wales | medical |
Medical Radiation Practice Council of New South Wales | medical radiation practice |
Nursing and Midwifery Council of New South Wales | nursing and midwifery |
Occupational Therapy Council of New South Wales | occupational therapy |
Optometry Council of New South Wales | optometry |
Osteopathy Council of New South Wales | osteopathy |
Paramedicine Council of New South Wales | paramedicine |
Pharmacy Council of New South Wales | pharmacy |
Physiotherapy Council of New South Wales | physiotherapy |
Podiatry Council of New South Wales | podiatry |
Psychology Council of New South Wales | psychology |
The Governor may, by order published on the NSW legislation website, amend the Table to subsection (1) by inserting, altering or omitting the name of a Council or health profession.
A Council—
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued.
A Council has all the powers of an individual and, in particular, may do anything necessary or convenient to be done in the exercise of its functions.
However, a Council cannot employ staff.
A Council has and may exercise the functions conferred or imposed on it by or under this Law or another Act.
A Council is subject to the control and direction of the Minister, except in relation to—
(a) the assessment or management of a complaint about a registered health practitioner or a student, including a decision to refer a complaint to a committee or the Tribunal; and
(b) the assessment or management of a registered health practitioner or student who was or is the subject of a complaint or whose registration is subject to a condition, including a decision to refer a matter concerning the practitioner or student to the Tribunal; and
(c) the terms of a recommendation by the Council; and
(d) the contents of a report of the Council.
Each Council consists of the members prescribed by the NSW regulations.
A Council may establish committees to assist it in connection with the exercise of any of its functions.
The members of a committee need not be members of the Council.
The procedure for the calling of meetings of a committee and for the conduct of business at the meetings is—
(a) as decided by the Council; or
(b) subject to a decision of the Council, as decided by the committee.
A Council may appoint any 2 or more members of the Council to exercise the functions of the Council under Division 3 of Part 8.
The referral of a complaint by the members appointed is taken to be a referral by the Council.
The annual reporting information prepared for a Council under the Government Sector Finance Act 2018 must include particulars of the following for the annual reporting period to which it relates—
(a) all complaints received by the Council during the period or received by the Council before that period but which, in the Council’s opinion had not, at the start of the period, been finally disposed of;
(b) the action taken during the period in relation to complaints received by the Council and the results of that action up to the end of that period;
(c) all matters referred to a Performance Review Panel for performance review during the period, or referred to a Panel before the period but which, in the Council’s opinion had not, at the start of the period, been finally disposed of;
(d) the results of all performance reviews conducted by Performance Review Panels that were finally disposed of during the period.
Two or more Councils may decide to prepare joint annual reporting information under the Government Sector Finance Act 2018.
This section does not require the identity of a complainant, a person who notifies a professional performance matter to a Council, a person about whom a complaint is made or who is the subject of a performance review or any other person to be disclosed in annual reporting information.
A Council for a health profession must ensure the following information, in relation to a registered health practitioner registered in the profession, is made available to the public on request—
(a) any conditions imposed on the registration of the practitioner;
(b) any other order made in respect of the practitioner under this Law.
Without limiting subsection (1), the Council is taken to have complied with that subsection if the information is available on the Register kept by the National Board for the health profession.
This section does not require a Council to disclose anything the Council considers relates solely or principally to the physical or mental capacity of a person to practise the person’s profession.
A Council may delegate to a person the exercise of any of its functions, other than this power of delegation.
An Executive Officer of a Council may delegate to a person the exercise of—
(a) any of the functions of the Executive Officer under this Law, other than this power of delegation; or
(b) any functions delegated to the Executive Officer by the Council, unless the Council otherwise provides in its instrument of delegation to the Executive Officer.
In this section, a reference to a person includes a reference to a group of persons, including a committee.
A document (other than a complaint made under Part 8) may be served on a Council by leaving it at or sending it by post to an office of the Council.
This does not affect the operation of any provision of a law or of the rules of a court authorising a document to be served on a Council in another way.
A certificate, summons, process, demand, order, notice, statement, direction or other document requiring authentication by a Council may be sufficiently authenticated without the seal of the Council if signed by—
(a) the President or the Executive Officer of the Council; or
(b) an officer of the Council authorised to do so by the Executive Officer.
A charge, fine, fee or other money due to a Council may be recovered by the Council as a debt in a court of competent jurisdiction.
In any legal proceedings, proof is not required (until evidence is given to the contrary) of—
(a) the establishment of a Council; or
(b) any resolution of a Council; or
(c) the appointment of, or the holding of office by, a member of a Council; or
(d) the presence of a quorum at a meeting of a Council.
The Minister may, if satisfied that a Council is not financially viable, make either or both of the following directions—
(a) a direction in writing to the Council that the Council delegate such of its functions as are specified in the direction to another Council, or to a person, designated by the Minister in the direction;
(b) a direction in writing to the Executive Officer of the Council that the Executive Officer delegate such of the Executive Officer’s functions as are specified in the direction to a person designated by the Minister in the direction.
The Council or Executive Officer must comply with any such direction.
The NSW regulations may modify the functions of a Council (including modification of any of the Council’s auditing or reporting requirements) as a consequence of—
(a) any direction under subsection (1), or
(b) the financial non-viability of the Council.
Any such regulation may not be made in relation to a Council unless the Minister has certified that, in the opinion of the Minister, the Council is not financially viable.
Any direction by the Minister under subsection (1) is to be made publicly available.
In the exercise of any of its functions under Part 8 with respect to a complaint about a registered health practitioner or a student, a Council must have regard to any of the following matters, to the extent the Council reasonably considers the matter to be relevant to the complaint—
(a) another complaint or notification about the practitioner or student made to the Council or the National Agency, or made to a former Board under a repealed Act, including a complaint—
(i) in respect of which the Council, the Commission or a National Board has decided no further action should be taken; and
(ii) that is not required to be referred, or that the Council or the Commission decides not to refer, under Division 3 of Part 8;
(b) a previous finding or decision of a Council inquiry in relation to the practitioner or student;
(c) a previous finding or decision of a board inquiry, professional standards committee or a tribunal established under a repealed Act in respect of the practitioner or student;
(d) a written report made by an assessor following an assessment of the practitioner’s professional performance;
(e) a recommendation made, or written statement of decision on a performance review provided, by a Performance Review Panel in relation to the practitioner.
A Council may exercise any of its functions under this Law with respect to a registered health practitioner or student with the written consent of the practitioner or student.
A function exercised by the Council with the consent of the registered health practitioner or student may be exercised even though a condition otherwise required to be met or procedures otherwise required to be followed before its exercise have not been met or followed.
If the registered health practitioner or student withdraws the practitioner’s or student’s consent, the Council must take the action necessary to give effect to the withdrawal.
There is an Executive Officer of each Council.
The Executive Officer—
(a) is responsible, as the chief executive officer of the Council, for the management of the affairs of the Council subject to any directions of the Council; and
(b) has and may exercise other functions conferred or imposed on the Executive Officer by or under this Law or any other Act.
The Executive Officer of a Council must keep a record of—
(a) all proceedings and decisions of Committees to which the Council refers matters; and
(b) (Repealed)
(c) all inquiries held by the Council.
The Executive Officer of a Council must give to the Health Administration Corporation constituted under the Health Administration Act 1982, for payment into an account established under section 13A of that Act, all money received by the Council.
A Council may establish an account named the ‘[name of Council] Education and Research Account’.
The Council must pay into its Education and Research Account the amounts decided by the Minister from time to time.
The Minister may not decide an amount under this section without first consulting with the Council.
Money in the Education and Research Account may be expended by the Council for or towards the following purposes—
(a) any purpose relating to education and research about the health, performance and conduct of registered health practitioners or students registered in the health profession for which the Council is established;
(b) meeting administrative expenditure incurred with respect to the Education and Research Account and the purposes for which it is used.
An expenditure of money under this section must not be made unless it is authorised by a resolution of the Council supported by two-thirds of the members of the Council.
The reasonable expenses of the Medical Services Committee established under the Health Administration Act 1982 are to be paid out of the account established under section 13A of that Act for the Medical Council of New South Wales.
In this Part—
(a) developing accreditation standards for approval by a National Board; or
(b) assessing programs of study, and the education providers that provide the programs of study, to determine whether the programs meet approved accreditation standards; or
(c) assessing authorities in other countries who conduct examinations for registration in a health profession, or accredit programs of study relevant to registration in a health profession, to decide whether persons who successfully complete the examinations or programs of study conducted or accredited by the authorities have the knowledge, clinical skills and professional attributes necessary to practise the profession in Australia; or
(d) overseeing the assessment of the knowledge, clinical skills and professional attributes of overseas qualified health practitioners who are seeking registration in a health profession under this Law and whose qualifications are not approved qualifications for the health profession; or
(e) making recommendations and giving advice to a National Board about a matter referred to in paragraph (a), (b), (c) or (d).
The National Board established for a health profession must decide whether an accreditation function for the health profession for which the Board is established is to be exercised by—
(a) an external accreditation entity; or
(b) a committee established by the Board.
See sections 253 and 301 which provide for the performance of accreditation functions for a health profession by external accreditation authorities appointed by the Ministerial Council for a period after the commencement of this Law.
The National Agency may charge an entity the relevant fee for the exercise of an accreditation function by an accreditation committee.
The National Agency may enter into a contract with an external accreditation entity for the performance by the entity of an accreditation function for a health profession only if the terms of the contract are in accordance with the health profession agreement between the National Agency and the National Board established for that profession.
Each accreditation authority must publish on its website or, if the authority is an accreditation committee, the website of the National Board that established the committee, how it will exercise its accreditation function.
An accreditation standard for a health profession may be developed by—
(a) an external accreditation entity for the health profession; or
(b) an accreditation committee established by the National Board established for the health profession.
In developing an accreditation standard for a health profession, an accreditation authority must undertake wide-ranging consultation about the content of the standard.
An accreditation authority must, as soon as practicable after developing an accreditation standard for a health profession, submit it to the National Board established for the health profession.
As soon as practicable after a National Board receives an accreditation standard under subsection (1), the Board must decide to—
(a) approve the accreditation standard; or
(b) refuse to approve the accreditation standard; or
(c) ask the accreditation authority to review the standard.
If the National Board decides to approve the accreditation standard it must give written notice of the approval to—
(a) the National Agency; and
(b) the accreditation authority that submitted the standard to the Board.
If the National Board decides to refuse to approve the accreditation standard—
(a) it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the standard; and
(b) the accreditation authority is entitled to publish any information or advice it gave the Board about the standard.
If the National Board decides to ask the accreditation authority to review the standard it must give the authority a written notice that—
(a) states that the authority is being asked to review the standard; and
(b) identifies the matters the authority is to address before again submitting the standard to the Board.
An accreditation standard approved by a National Board must be published on its website.
An accreditation standard takes effect—
(a) on the day it is published on the National Board’s website; or
(b) if a later day is stated in the standard, on that day.
An accreditation authority for a health profession may accredit a program of study if, after assessing the program, the authority is reasonably satisfied—
(a) the program of study, and the education provider that provides the program of study, meet an approved accreditation standard for the profession; or
(b) the program of study, and the education provider that provides the program of study, substantially meet an approved accreditation standard for the profession and the imposition of conditions on the approval will ensure the program meets the standard within a reasonable time.
If the accreditation authority decides to accredit a program of study, with or without conditions, it must give to the National Board established for the health profession a report about the authority’s accreditation of the program.
If the accreditation authority decides to refuse to accredit a program of study it must give written notice of the decision to the education provider that provides the program of study.
The notice must state—
(a) the reasons for the decision; and
(b) that, within 30 days after receiving the notice, the education provider may apply to the accreditation authority for an internal review of the decision; and
(c) how the education provider may apply for the review.
An education provider given a notice under subsection (3) may apply, as stated in the notice, for an internal review of the accreditation authority’s decision to refuse to accredit the program of study.
The internal review must not be carried out by a person who assessed the program of study for the accreditation authority.
If a National Board is given a report by an accreditation authority about the authority’s accreditation of a program of study, the Board may approve, or refuse to approve, the accredited program of study as providing a qualification for the purposes of registration in a health profession for which the Board is established.
An approval under subsection (1) may be granted subject to the conditions the National Board considers necessary or desirable in the circumstances.
If the National Board decides to approve the accredited program of study it must give written notice of the approval to—
(a) the National Agency for inclusion of the program of study in the list under subsection (5); and
(b) the accreditation authority that submitted the program to the Board.
If the National Board decides to refuse to approve the accredited program of study—
(a) it must give written notice of the refusal, including the reasons for the refusal, to the accreditation authority that submitted the program; and
(b) the accreditation authority is entitled to publish any information or advice it gave the Board about the program.
A list of the programs of study approved by a National Board as providing a qualification for registration in a health profession for which the Board is established must be published on the National Agency’s website.
The list of approved programs of study published under subsection (5) must include, for each program of study, the name of the university, specialist medical or other college or other education provider that provides the approved program of study.
An approval under subsection (1) does not take effect until the program of study is included in the list published under subsection (5).
The accreditation authority that accredited an approved program of study must monitor the program and the education provider that provides the program to ensure the authority continues to be satisfied the program and provider meet an approved accreditation standard for the health profession.
If the accreditation authority reasonably believes the program of study and education provider no longer meet an approved accreditation standard for the health profession, the accreditation authority must—
(a) decide to—
(i) impose the conditions on the accreditation that the accreditation authority considers necessary to ensure the program of study will meet the standard within a reasonable time; or
(ii) revoke the accreditation of the program of study; and
(b) the vacancy is filled; or
(c) the end of a year from the day of the vacancy;
whichever happens first.
The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.
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.
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.
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.
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).
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.
The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires.
An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.
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.
The delegation may be—
(a) general or limited; and
(b) made from time to time; and
(c) revoked, wholly or partly, by the delegator.
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.
A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.
The delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function.
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.
A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.
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.
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.
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.
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.
A function that has been delegated may, despite the delegation, be exercised by the delegator.
The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.
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.
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.
If a provision of this Law (the
(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.
If a provision of a Queensland Act (the
(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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.
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.
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.
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.
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.
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.
This Law and all Queensland Acts amending this Law are to be read as one.
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.
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.
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.
Health Practitioner Regulation National Law (NSW) (applied and modified as a law of New South Wales by the Health Practitioner Regulation (Adoption of National Law) Act 2009 No 86). Date of commencement, 1.7.2010, sec 2. This Law has been amended as follows—
No 97 | Health Services Amendment (Local Health Networks) Act 2010. Assented to 16.11.2010. Date of commencement of Sch 2, 1.1.2011, sec 2 (1) and 2010 (716) LW 17.12.2010. | |
No 57 | Personal Property Securities Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.10, 30.1.2012, sec 2 and 2011 (661) LW 16.12.2011. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Schs 1.15 and 2, 7.1.2011, sec 2 (2). | |
No 127 | Public Health Act 2010. Assented to 7.12.2010. Date of commencement of Sch 4, 1.9.2012, sec 2 and 2012 (275) LW 29.6.2012. | |
No 4 | Health Services Amendment (Local Health Districts and Boards) Act 2011. Assented to 16.5.2011. Date of commencement, 1.7.2011, sec 2 and 2011 (313) LW 1.7.2011. | |
(32) | Health Practitioner Regulation National Law (NSW) Amendment (Health Professions) Order 2012. LW 3.2.2012. Date of commencement, 1.7.2012, cl 2. | |
No 39 | Health Legislation Amendment Act 2012. Assented to 21.6.2012. Date of commencement of Sch 1.1, assent, sec 2 (1). | |
No 24 | Health Legislation Amendment Act 2013. Assented to 14.5.2013. Date of commencement, assent, sec 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2 (1). | |
No 64 | Multicultural NSW Legislation Amendment Act 2014. Assented to 28.10.2014. Date of commencement, 24.11.2014, sec 2 and 2014 (714) LW 14.11.2014. | |
No 84 | Health Practitioner Regulation Legislation Amendment Act 2014. Assented to 28.11.2014. Date of commencement of Sch 1 [1] [2] [5] and [6], 1.11.2015, sec 2 (1) and 2015 (532) LW 4.9.2015; date of commencement of Sch 1 [3] and [8], 19.12.2014, sec 2 (1) and 2014 (832) LW 19.12.2014; date of commencement of Sch 1 [4] and [7], assent, sec 2 (2). | |
No 2 | Courts and Crimes Legislation Amendment Act 2015. Assented to 15.5.2015. Date of commencement, assent, sec 2. | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 8.7.2015, sec 2 (1). | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 4 | Health Practitioner Regulation National Law (NSW) Amendment (Review) Act 2016. Assented to 17.3.2016. Date of commencement of Sch 1 [1] [2] and [5]–[32], 15.5.2016, sec 2 and 2016 (244) LW 13.5.2016; date of commencement of Sch 1 [3] [4] and [33]–[37], 1.7.2016, sec 2 and 2016 (244) LW 13.5.2016. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 1.10, 7 days after assent, sec 2 (1). | |
No 32 | Health Practitioner Regulation National Law and Other Legislation Amendment Act 2017 of Queensland. Assented to 13.9.2017. Date of commencement of secs 4 (1) and (3), 10–12, 16, 17 (1), 18 (1), 21, 22, 36, 43, 50, 52 (to the extent that it inserts Div 1 of Part 13), assent; date of commencement of secs 4 (2), (4), (6) and (7), 5–7, 13–15, 23, 24, 27, 30–34, 35 (except sec 35 (1) and (2), 38, 40–42, 44–49, 51, 52 (other than to the extent that it inserts Div 1 of Part 13 and secs 318, 319 and 321), 53 and 54 and Sch 1, 1.12.2018, sec 2 (1) and Queensland 2018 SL No 175; date of commencement of secs 4 (5), 37 and 52 (to the extent that it inserts sec 321), 28 days after assent, sec 2 (2); date of commencement of secs 8, 20, 25, 26, 28, 29, 35 (2) and 39, 1.8.2018, sec 2 (1) and Queensland 2018 SL No 101; date of commencement of secs 9, 17 (2), 18 (2), 19, 23, 24, 30 (1), 32–34, 35 (1), 38 and 52 (to the extent that it inserts secs 318 and 319), 1.3.2018, sec 2 (1) and Queensland 2018 SL No 10. Secs 22–39 and Sch 1 secs 28–36 were without effect as the related provisions have been omitted for NSW. | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 1 [1]–[3] and [8], 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017; date of commencement of Sch 1 [4]–[7], 1.8.2018, sec 2 and 2018 (226) LW 1.6.2018. | |
No 22 | Health Legislation Amendment Act (No 2) 2018. Assented to 30.5.2018. Date of commencement, assent, sec 2. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.14, 14 days after assent, sec 2 (1). | |
No 33 | Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 5.8, 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018. | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.47[3], 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. | |
No 73 | Health Legislation Amendment Act (No 3) 2018. Assented to 22.11.2018. Date of commencement of Sch 3, 1.2.2019, sec 2 (3) and 2018 (699) LW 7.12.2018. | |
No 3 | Health Practitioner Regulation National Law and Other Legislation Amendment Act 2019 of Queensland. Assented to 7.3.2019. Date of commencement of Part 3 (except secs 17–19), 1.7.2019, sec 2 and Queensland 2019 SL No 99; date of commencement of secs 17–19, 1.3.2020, sec 2 and Queensland 2020 SL No 11. Sec 20 was without effect as the related provision has been omitted for NSW. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 1.6, 14 days after assent, sec 2 (1). | |
No 1 | COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2. | |
No 32 | Health Legislation (Miscellaneous Amendments) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 2, assent, sec 2(1). | |
No 41 | Health Legislation (Miscellaneous) Amendment Act (No 2) 2022. Assented to 4.10.2022. Date of commencement of Sch 2, assent, sec 2(b). | |
No 22 | Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 of Queensland. Assented to 21.10.2022. Date of commencement of Chapter 3, Part 2, secs 33–35, Parts 3–6 and 12, Part 19 and Part 31, secs 117(1), 118, 120, 125, 126 and 129, assent, sec 2 and the Health Practitioner Regulation (Adoption of National Law) Regulation 2022, sec 2(a); date of commencement of Chapter 3, Parts 7, 8, 13, 29, 30 and Part 31, secs 117(2), 127 and 128, 1.7.2024, sec 2(b) and (c) and 2024 (93) of Queensland and the Health Practitioner Regulation (Adoption of National Law) Regulation 2022, sec 2(b) and (e); date of commencement of Chapter 3, Parts 9 and 10, Part 11, secs 69 and 70, Part 14, Part 15, secs 82 and 83, Parts 27 and 28 and sec 119, 15.5.2023, sec 2(b) and (c) and 2023 (37) of Queensland and the Health Practitioner Regulation (Adoption of National Law) Regulation 2022, sec 2(b)–(d); date of commencement of Parts 16 and 17, 11.11.2022, sec 2 and the Health Practitioner Regulation (Adoption of National Law) Regulation 2022, sec 2(f). Secs 37, 74 and 84 were without effect as the related provisions were substituted by NSW. Part 11, secs 71–73, Part 18, Parts 20–26 and Part 31, secs 121–124 were without effect as the related provisions were not applied as amendments at this time. See the note to the Health Practitioner Regulation (Adoption of National Law) Regulation 2022, Part 2. |
(668) | Health Practitioner Regulation (Adoption of National Law) Regulation 2022. LW 11.11.2022. Date of commencement of Sch 1[1]–[3], 21.10.2022, sec 2(a) and 2022 No 22 of Queensland; date of commencement of Sch 1[4] and [5], 15.5.2023, sec 2(c) and (d) and 2022 No 22 of Queensland; date of commencement of Sch 1[6], 1.7.2024, sec 2(e) and 2024 (93) of Queensland. Amended by Health Practitioner Regulation (Adoption of National Law) Amendment Regulation 2023 (48). LW 17.2.2023. Date of commencement, 21.10.2022, sec 2 and 2022 No 22 of Queensland. | |
No 22 | Health Practitioner Regulation National Law (Surgeons) Amendment Act 2023 of Queensland. Assented to 20.9.2023. Date of commencement of sec 4, assent. Applied as an amendment by the Health Practitioner Regulation (Adoption of National Law) Regulation 2023. LW 3.11.2023. Date of commencement, on publication on LW, sec 2. Secs 3, 5 and 6 were without effect as the related provisions were not applied as amendments at this time. See the note to the Health Practitioner Regulation (Adoption of National Law) Regulation 2023, sec 4. | |
No 37 | Health Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 26 | Health Practitioner Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 30 | Health Legislation Amendment (Miscellaneous) Act 2025. Assented to 11.6.2025. Date of commencement of Sch 2, assent, sec 2(d). |
Sec 3 | Am 2022 No 22, secs 33, 36. |
Sec 3A | Ins 2022 (668), Sch 1[2] (modifying 2022 No 22, sec 34; am 2023 (48), Sch 1[7] [8]). |
Sec 3B (previously sec 3A) | Ins 2012 No 39, Sch 1.1 [2]. Renumbered 2022 (668), Sch 1[3]. |
Sec 4 | Am 2022 No 22, sec 35. |
Sec 5 | Am 2012 No 39, Sch 1.1 [3] [4]; 2013 No 95, Sch 6.4 [2]; 2017 No 32, sec 4 and Sch 1 sec 1; 2017 No 50, Sch 1 [1] [2]; 2022 No 22, secs 38, 42, 53, 82, 117. |
Sec 7 | Am 2017 No 32, Sch 1 sec 2. |
Sec 12 | Am 2022 No 22, sec 54. |
Sec 14 | Am 2017 No 32, Sch 1 sec 3. |
Sec 15 | Am 2017 No 32, Sch 1 sec 4. |
Sec 17 | Am 2022 No 22, sec 43. |
Part 3 | Rep 2022 No 22, sec 39. |
Sec 18 | Rep 2022 No 22, sec 39. |
Sec 19 | Rep 2022 No 22, sec 39. |
Sec 20 | Rep 2022 No 22, sec 39. |
Sec 21 | Rep 2022 No 22, sec 39. |
Sec 22 | Rep 2022 No 22, sec 39. |
Sec 25 | Am 2022 No 22, sec 52. |
Sec 26 | Am 2017 No 32, Sch 1 sec 5. |
Part 4, Div 2, heading | Subst 2022 No 22, sec 44. |
Sec 29 | Am 2022 No 22, sec 45. |
Sec 30 | Am 2022 No 22, sec 46. |
Sec 31 | Subst 2017 No 32, sec 5. |
Sec 31A | Ins 2017 No 32, sec 5. |
Sec 33 | Am 2017 No 32, sec 6; 2022 No 22, sec 47. |
Sec 34 | Am 2017 No 32, sec 7. |
Sec 35 | Am 2022 No 22, sec 118. |
Sec 38 | Am 2017 No 32, Sch 1 secs 6, 7. |
Sec 39 | Am 2017 No 32, sec 8. |
Sec 41 | Am 2017 No 32, Sch 1 sec 8. |
Sec 41B | Am 2012 (32), Sch 1 [1]; 2017 No 50, Sch 1 [3]. |
Sec 41DA | Ins 2020 No 32, Sch 2[1]. |
Sec 41E | Subst 2016 No 4, Sch 1 [1]. |
Sec 41H | Subst 2018 No 70, Sch 4.47[3]. |
Sec 41NA | Ins 2016 No 4, Sch 1 [2]. |
Sec 41O | Am 2020 No 32, Sch 1[2]. |
Sec 41Q | Am 2013 No 95, Sch 6.4 [3]. |
Sec 49 | Am 2017 No 32, Sch 1 sec 9. |
Sec 51 | Am 2017 No 32, Sch 1 sec 10. |
Sec 52 | Am 2022 No 22, sec 60. |
Sec 56 | Am 2017 No 32, sec 9; 2022 No 22, sec 55. |
Sec 57 | Am 2022 No 22, sec 61. |
Sec 61 | Am 2022 No 22, sec 56. |
Sec 62 | Am 2022 No 22, sec 62. |
Sec 64 | Am 2022 No 22, sec 57. |
Sec 65 | Am 2017 No 32, sec 10; 2022 No 22, sec 63. |
Sec 71 | Subst 2017 No 32, sec 11. |
Sec 72 | Am 2022 No 22, sec 58. |
Sec 74 | Am 2022 No 22, sec 69. |
Sec 76 | Am 2022 No 22, sec 59. |
Sec 77 | Am 2017 No 32, Sch 1 sec 11. |
Sec 79 | Am 2017 No 32, sec 12. |
Sec 83 | Am 2017 No 32, Sch 1 sec 12. |
Sec 83A | Ins 2022 No 22, sec 64. |
Part 7, Div 6A | Ins 2022 No 22, sec 70. |
Sec 85A | Ins 2022 No 22, sec 70. |
Sec 85B | Ins 2022 No 22, sec 70. |
Sec 85C | Ins 2022 No 22, sec 70. |
Sec 85D | Ins 2022 No 22, sec 70. |
Sec 85E | Ins 2022 No 22, sec 70. |
Sec 88 | Am 2017 No 32, Sch 1 sec 13. |
Sec 92 | Am 2017 No 32, Sch 1 sec 14. |
Sec 94 | Am 2017 No 32, Sch 1 sec 15. |
Sec 95 | Am 2017 No 32, sec 13. |
Part 7, Div 8, Subdiv 3 | Rep 2022 No 22, sec 75. |
Sec 96 | Am 2017 No 32, sec 14. Rep 2022 No 22, sec 75. |
Sec 97 | Am 2017 No 32, Sch 1 sec 16. |
Sec 98 | Am 2017 No 32, Sch 1 sec 17. |
Sec 102 | Am 2022 No 22, sec 76. |
Sec 103A | Ins 2022 No 22, sec 65. |
Part 7, Div 9, Subdiv 1, heading | Ins 2022 No 22, sec 78. |
Sec 107 | Am 2017 No 32, Sch 1 sec 18. |
Sec 109 | Am 2022 No 22, sec 119. |
Sec 112 | Am 2022 No 22, secs 66, 79. |
Part 7, Div 9, Subdiv 2 | Ins 2022 No 22, sec 80. |
Sec 112A | Ins 2022 No 22, sec 80. |
Sec 112B | Ins 2022 No 22, sec 80. |
Sec 112C | Ins 2022 No 22, sec 80. |
Sec 112D | Ins 2022 No 22, sec 80. |
Sec 113 | Am 2017 No 32, sec 15; 2019 No 3, sec 8. |
Sec 115 | Am 2019 No 3, sec 9. |
Sec 115A | Ins 2023 No 22, sec 4. |
Sec 116 | Am 2019 No 3, sec 10. |
Sec 117 | Am 2019 No 3, sec 11. |
Sec 118 | Am 2017 No 32, sec 16; 2019 No 3, sec 12. |
Sec 119 | Am 2019 No 3, sec 13. |
Sec 121 | Am 2019 No 3, sec 14. |
Sec 122 | Am 2019 No 3, sec 15. |
Sec 123 | Am 2019 No 3, sec 16. |
Sec 124 | Am 2017 No 32, Sch 1 sec 19; 2022 No 22, sec 112. |
Sec 125 | Am 2017 No 32, sec 17 and Sch 1 sec 20. |
Sec 126 | Am 2017 No 32, sec 18 and Sch 1 sec 21; 2022 No 22, sec 67. |
Sec 127 | Am 2017 No 32, Sch 1 sec 22; 2022 No 22, sec 68. |
Sec 127A | Ins 2017 No 32, sec 19. Am 2022 No 22, sec 120. |
Sec 127AA | Ins 2017 No 50, Sch 1 [4]. |
Sec 129 | Am 2017 No 32, Sch 1 sec 23. |
Sec 130 | Am 2017 No 32, Sch 1 sec 24; 2022 No 22, sec 81. |
Sec 131 | Am 2017 No 32, Sch 1 sec 25; 2022 No 22, sec 113. |
Sec 131A | Ins 2022 No 22, sec 114. |
Sec 131B | Ins 2022 No 22, sec 114. |
Sec 132 | Subst 2017 No 32, sec 20. Am 2022 No 22, sec 83. |
Sec 133 | Am 2022 No 22, sec 85. |
Sec 135 | Am 2017 No 32, sec 21. |
Sec 136 | Am 2022 No 22, sec 86. |
Sec 136A | Ins 2023 No 37, Sch 3[1]. |
Sec 137 | Am 2017 No 32, Sch 1 sec 26. |
Sec 138 | Am 2010 No 119, Schs 1.15 [1], 2.23; 2012 No 39, Sch 1.1 [5] [6]; 2013 No 95, Sch 6.4 [4]–[6]; 2015 No 2, Sch 1.4 [1]; 2015 No 7, Sch 2.20; 2015 No 58, Sch 3.40 [2]; 2018 No 33, Sch 5.8 [1]. |
Sec 139B | Am 2013 No 95, Sch 6.4 [7]; 2016 No 4, Sch 1 [3]; 2020 No 32, Sch 2[3]. |
Sec 139D | Am 2016 No 4, Sch 1 [3]. |
Sec 139I | Ins 2016 No 4, Sch 1 [4]. Am 2020 No 32, Sch 2[4]. |
Sec 140 | Am 2019 No 3, sec 17. |
Sec 141 | Am 2019 No 3, sec 18. |
Secs 141A–141C | Ins 2019 No 3, sec 19. |
Sec 142 | Am 2022 No 22, sec 91. |
Sec 142A | Ins 2018 No 73, Sch 3 [1]. |
Sec 143 | Am 2017 No 32, Sch 1 sec 27. |
Sec 143A | Ins 2012 No 39, Sch 1.1 [7]. |
Secs 144B, 144D | Am 2015 No 58, Sch 3.40 [3]. |
Sec 145B | Am 2013 No 95, Sch 6.4 [8]. |
Sec 145BA | Ins 2014 No 84, Sch 1 [1]. |
Sec 145D | Am 2013 No 95, Sch 6.4 [9]; 2016 No 4, Sch 1 [5]. |
Sec 145F | Am 2016 No 4, Sch 1 [6]. |
Sec 146B | Am 2012 No 39, Sch 1.1 [8]; 2016 No 4, Sch 1 [7]. |
Sec 146D | Am 2013 No 95, Sch 6.4 [10] [11]; 2016 No 4, Sch 1 [6]. |
Sec 146E | Am 2013 No 95, Sch 6.4 [12]; 2014 No 84, Sch 1 [2]. |
Sec 147A | Am 2013 No 95, Sch 6.4 [13]. |
Sec 147B | Am 2016 No 4, Sch 1 [8]; 2018 No 22, Sch 2 [1]. |
Sec 148E | Am 2012 No 39, Sch 1.1 [8]; 2016 No 4, Sch 1 [9] [10]. |
Sec 148G | Am 2013 No 95, Sch 6.4 [10] [11]; 2016 No 4, Sch 1 [6]. |
Sec 149 | Am 2013 No 95, Sch 6.4 [14]. |
Sec 149A | Am 2012 No 39, Sch 1.1 [8]. |
Sec 149C | Am 2010 No 127, Sch 4.9; 2013 No 95, Sch 6.4 [15]; 2014 No 84, Sch 1 [3]; 2024 No 26, Sch 2[1]. |
Sec 149D | Am 2013 No 95, Sch 6.4 [16]. |
Sec 149E | Ins 2014 No 84, Sch 1 [4]. |
Sec 150 | Am 2012 No 39, Sch 1.1 [9]; 2013 No 95, Sch 6.4 [17] [18]; 2024 No 26, Sch 2[2]. |
Sec 150A | Am 2024 No 26, Sch 2[3]. |
Sec 150B | Am 2024 No 26, Sch 2[4]. |
Sec 150D | Am 2013 No 24, Sch 3 [1]. |
Sec 150E | Am 2013 No 95, Sch 6.4 [19]. |
Sec 150FA | Ins 2014 No 84, Sch 1 [5]. |
Sec 150G | Am 2013 No 95, Sch 6.4 [20]. Rep 2018 No 22, Sch 2 [2]. |
Sec 150H | Am 2013 No 95, Sch 6.4 [21]. |
Sec 150I | Am 2013 No 95, Sch 6.4 [22]. |
Sec 151 | Am 2016 No 4, Sch 1 [11]. |
Sec 151B | Ins 2018 No 73, Sch 3 [2]. |
Sec 152B | Am 2016 No 4, Sch 1 [6]. |
Sec 152F | Am 2016 No 4, Sch 1 [12]. |
Sec 152I | Am 2012 No 39, Sch 1.1 [8]. |
Sec 152IA | Ins 2024 No 26, Sch 2[5]. |
Sec 152J | Am 2013 No 24, Sch 3 [2]. |
Sec 155C | Am 2016 No 4, Sch 1 [13]; 2018 No 22, Sch 2 [3]. |
Sec 158 | Am 2013 No 95, Sch 6.4 [23]–[25]. |
Sec 158A | Am 2013 No 95, Sch 6.4 [26]–[28]. |
Sec 159 | Am 2012 No 39, Sch 1.1 [10]; 2013 No 95, Sch 6.4 [29]–[31]; 2016 No 4, Sch 1 [14]; 2017 No 50, Sch 1 [5]; 2018 No 22, Sch 2 [4]. |
Sec 159A | Am 2013 No 95, Sch 6.4 [32]–[35]; 2016 No 4, Sch 1 [15]. |
Sec 159B | Am 2013 No 95, Sch 6.4 [36] [37]. |
Sec 159C | Am 2013 No 95, Sch 6.4 [38]; 2018 No 22, Sch 2 [5]. |
Sec 160 | Am 2016 No 4, Sch 1 [16] [17]. |
Sec 160A | Am 2013 No 95, Sch 6.4 [39] [40]. |
Sec 161 | Am 2012 No 39, Sch 1.1 [11]; 2013 No 95, Sch 6.4 [41]; 2022 No 41, Sch 2[1]. |
Sec 161A | Rep 2013 No 95, Sch 6.4 [42]. |
Sec 161B | Am 2013 No 95, Sch 6.4 [43]. |
Part 8, Div 7 (secs 162, 162A) | Rep 2013 No 95, Sch 6.4 [44]. |
Sec 163 | Am 2012 No 39, Sch 1.1 [12]; 2013 No 95, Sch 6.4 [45]. |
Sec 163A | Am 2012 No 39, Sch 1.1 [13]; 2013 No 95, Sch 6.4 [46] [47]; 2017 No 50, Sch 1 [6]; 2018 No 22, Sch 2 [6]. |
Sec 163B | Am 2012 No 39, Sch 1.1 [14]. |
Sec 163C | Am 2016 No 4, Sch 1 [18]. |
Sec 164 | Am 2015 No 58, Sch 3.40 [3]. |
Sec 164A | Am 2018 No 22, Sch 2 [7] [8]. |
Sec 164B | Am 2018 No 22, Sch 2 [8]. |
Part 8, Div 10 | Subst 2013 No 95, Sch 6.4 [48]. |
Part 8, Div 10, Subdiv 1 | Subst 2013 No 95, Sch 6.4 [48]. |
Sec 165 | Am 2012 (32), Sch 1 [2]. Subst 2013 No 95, Sch 6.4 [48]. |
Sec 165A | Subst 2013 No 95, Sch 6.4 [48]. |
Part 8, Div 10, Subdiv 2 | Subst 2013 No 95, Sch 6.4 [48]. |
Sec 165B | Subst 2013 No 95, Sch 6.4 [48]. Am 2015 No 2, Sch 1.4 [2]; 2016 No 4, Sch 1 [19] [20]. |
Sec 165C | Subst 2013 No 95, Sch 6.4 [48]. |
Part 8, Div 10, Subdiv 3 | Subst 2013 No 95, Sch 6.4 [48]. |
Secs 165D–165G | Subst 2013 No 95, Sch 6.4 [48]. |
Part 8, Div 10, Subdiv 4 | Ins 2013 No 95, Sch 6.4 [48]. |
Secs 165H–165K | Ins 2013 No 95, Sch 6.4 [48]. |
Sec 165L | Ins 2013 No 95, Sch 6.4 [48]. Am 2016 No 4, Sch 1 [21]. |
Sec 165M | Ins 2013 No 95, Sch 6.4 [48]. Am 2016 No 4, Sch 1 [22]. |
Secs 166–167 | Rep 2013 No 95, Sch 6.4 [48]. |
Sec 167A | Am 2012 No 39, Sch 1.1 [15]. Rep 2013 No 95, Sch 6.4 [48]. |
Secs 167B–167G | Rep 2013 No 95, Sch 6.4 [48]. |
Sec 169B | Am 2012 No 39, Sch 1.1 [16]. |
Sec 170A | Am 2016 No 4, Sch 1 [23]. |
Sec 170D | Am 2016 No 4, Sch 1 [24]. |
Sec 170E | Ins 2016 No 4, Sch 1 [25]. |
Sec 171 | Am 2012 No 39, Sch 1.1 [17]. |
Sec 171D | Am 2013 No 95, Sch 6.4 [49]. |
Sec 171G | Ins 2016 No 4, Sch 1 [26]. |
Sec 172B | Am 2012 No 39, Sch 1.1 [18]; 2016 No 4, Sch 1 [27]. |
Sec 174A | Am 2012 No 39, Sch 1.1 [19]. |
Sec 175 | Am 2013 No 95, Sch 6.4 [50]; 2016 No 4, Sch 1 [28]; 2022 (668), Sch 1[4] (modifying 2022 No 22, sec 74). |
Sec 176B | Subst 2017 No 50, Sch 1 [7]. Am 2022 (668), Sch 1[5] (modifying 2022 No 22, sec 84). |
Sec 176BA | Ins 2014 No 84, Sch 1 [6]. Am 2020 No 32, Sch 2[5]. |
Sec 176BB | Ins 2020 No 32, Sch 2[6]. |
Sec 176C | Am 2013 No 95, Sch 6.4 [51]. |
Sec 176D | Subst 2018 No 22, Sch 2 [9]. Am 2022 (668), Sch 1[6]. |
Sec 176E | Am 2013 No 95, Sch 6.4 [52]. |
Part 10, Div 1A (sec 212A) | Ins 2017 No 32, sec 40. |
Sec 213 | Am 2017 No 32, sec 41. |
Sec 215 | Am 2017 No 32, sec 42. |
Sec 217 | Am 2017 No 32, Sch 1 sec 37. |
Sec 219 | Am 2022 No 22, sec 125. |
Sec 220 | Subst 2017 No 32, sec 43. |
Sec 220A | Ins 2022 No 22, sec 110. |
Sec 220B | Ins 2022 No 22, sec 111. |
Sec 221A | Ins 2023 No 37, Sch 3[2]. |
Sec 222 | Subst 2017 No 32, sec 44. Am 2017 No 32, sec 45. |
Sec 223 | Am 2017 No 32, sec 46 and Sch 1 sec 38. |
Sec 225 | Am 2022 No 22, sec 115. |
Sec 226 | Am 2017 No 32, sec 47; 2022 No 22, sec 116. |
Sec 227 | Subst 2017 No 32, sec 48. |
Sec 232 | Am 2017 No 32, Sch 1 sec 39. |
Sec 233 | Am 2017 No 32, Sch 1 sec 40. |
Sec 235 | Am 2017 No 32, sec 49. |
Sec 236 | Am 2022 No 22, secs 40, 48. |
Sec 241A | Ins 2019 No 3, sec 21. |
Sec 242 | Am 2019 No 3, sec 22. |
Sec 244A | Am 2012 No 39, Sch 1.1 [20] [21]. |
Sec 246 | Am 2017 No 32, sec 50. |
Sec 247A | Am 2012 No 39, Sch 1.1 [22]. |
Sec 284 | Am 2017 No 32, sec 51. |
Part 12, Div 16 | Rep 2022 No 22, sec 126. |
Sec 305 | Rep 2022 No 22, sec 126. |
Part 13 | Ins 2017 No 32, sec 52. |
Part 13, Div 1 (secs 306–317) | Ins 2017 No 32, sec 52. |
Part 13, Div 2 | Ins 2017 No 32, sec 52. |
Secs 318–320 | Ins 2017 No 32, sec 52. |
Sec 321 | Ins 2017 No 32, sec 52. Subst 2018 No 22, Sch 2 [10]. |
Secs 322, 323 | Ins 2017 No 32, sec 52. |
Part 14 | Ins 2022 No 22, sec 49. |
Sec 324 | Ins 2022 No 22, sec 49. |
Sec 325 | Ins 2022 No 22, sec 77. |
Sch 1 | Am 2019 No 1, Sch 1.6. Rep 2022 No 22, sec 41. |
Sch 2, heading | Subst 2022 No 22, sec 50. |
Sch 2 | Am 2017 No 32, sec 53; 2022 No 22, sec 50. |
Sch 3 | Am 2022 No 22, sec 51. |
Sch 4 | Am 2017 No 32, sec 54 and Sch 1 secs 41, 42. |
Sch 5 | Am 2012 No 39, Sch 1.1 [23]; 2022 No 22, sec 127. |
Sch 5A | Am 2010 No 119, Sch 1.15 [2]; 2012 No 39, Sch 1.1 [24] [25]; 2013 No 24, Sch 3 [3]; 2013 No 95, Sch 6.4 [53]; 2014 No 84, Sch 1 [7]; 2015 No 15, Sch 2.24; 2016 No 4, Sch 1 [29]; 2017 No 50, Sch 1 [8]; 2018 No 22, Sch 2 [11]; 2018 No 33, Sch 5.8 [2]; 2022 No 41, Sch 2[2]. |
Sch 5B | Am 2012 No 39, Sch 1.1 [26]; 2024 No 26, Sch 2[6]–[10]. |
Sch 5C | Am 2010 No 97, Sch 2.11; 2011 No 4, Sch 2.13; 2012 No 39, Sch 1.1 [27]; 2013 No 24, Sch 3 [4]; 2014 No 64, Sch 2.6; 2014 No 84, Sch 1 [8]; 2015 No 58, Sch 3.40 [4] [5]; 2016 No 4, Sch 1 [3] [30] [31]; 2024 No 26, Sch 2[11] [12]. |
Sch 5D | Am 2012 No 39, Sch 1.1 [27]; 2013 No 95, Sch 6.4 [54]–[65]; 2015 No 58, Sch 3.40 [4] [6]; 2016 No 4, Sch 1 [32]; 2018 No 25, Sch 1.14; 2022 No 41, Sch 2[3] [4]; 2024 No 26, Sch 2[13] [14]. |
Sch 5E | Am 2017 No 22, Sch 1.10; 2018 No 22, Sch 2 [12]. |
Sch 5F | Am 2010 No 57, Sch 1.10; 2013 No 95, Sch 2.74; 2016 No 4, Sch 1 [3] [33]–[37]; 2020 No 1, Sch 2.10; 2020 No 32, Sch 2[7]; 2025 No 30, Sch 2[1]–[3]. |
Sch 6 | Am 2019 No 3, secs 23, 24; 2022 No 22, sec 128. |
Sch 7 | Am 2022 No 22, sec 129. |
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