Health Practitioner Regulation National Law (Queensland) (Qld)

Health Practitioner Regulation National Law (Queensland)

Editor’s note—

The Health Practitioner Regulation National Law is applied (with modifications) as a law of Queensland by the Health Practitioner Regulation National Law Act 2009 (Qld). This version is the Law as it applies in Queensland—see the Health Practitioner Regulation National Law Act 2009, section 4. It is intended a new reprint of the National Law will be prepared by the Office of the Queensland Parliamentary Counsel when any change in the National Law takes effect.

Part 1    Preliminary

1   Short title

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

2   Commencement

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

3   Objectives

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

(a)the regulation of health practitioners; and

(b)the registration of students undertaking—

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

(ii)clinical training in a health profession.

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

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

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

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

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

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

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

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

3A   Guiding principles

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

(a)protection of the public;

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

(2)The other guiding principles of the national registration and accreditation scheme are as follows—

(a)the scheme is to operate in a transparent, accountable, efficient, effective and fair way;

(aa)the scheme is to ensure the development of a culturally safe and respectful health workforce that—

(i)is responsive to Aboriginal and Torres Strait Islander Peoples and their health; and

(ii)contributes to the elimination of racism in the provision of health services;

Example—

Codes and guidelines developed and approved by National Boards under section 39 may provide guidance to health practitioners about the provision of culturally safe and respectful health care.

(b)fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;

(c)restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.

4   How functions to be exercised

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

5   Definitions

In this Law—

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

accreditation authority means—

(a)an external accreditation entity; or

(b)an accreditation committee.

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

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

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

adjudication body means—

(a)a panel; or

(b)a responsible tribunal; or

(c)a Court; or

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

Note—

The health ombudsman is an adjudication body.

Editor’s note—

This definition is an amended Queensland provision.

Advisory Council ...

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

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

Agency Management Committee ...

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

approved accreditation standard means an accreditation standard—

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

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

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

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

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

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

approved qualification—

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

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

approved registration standard means a registration standard—

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

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

Australian legal practitioner means a person who—

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

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

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

Note.

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

complainant, for part 8, see section 139C.

Editor’s note—

This definition is an additional Queensland provision.

complaint, for part 8, see section 139C.

Editor’s note—

This definition is an additional Queensland provision.

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

Note—

The health ombudsman is a co-regulatory authority.

Editor’s note—

This definition is an amended Queensland provision.

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

Note—

Queensland is a co-regulatory jurisdiction.

Editor’s note—

This definition is an amended Queensland provision.

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

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

(b)established an entity having functions that included—

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

(ii)health, conduct or performance action.

criminal history, of a person, means the following—

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

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

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

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

CrimTrac ...

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

education provider means—

(a)a university; or

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

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

entity includes a person and an unincorporated body.

exercise a function includes perform a duty.

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

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

health complaints entity means an entity—

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

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

health, conduct or performance action means action that—

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

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

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

Editor’s note—

This definition is an additional Queensland provision.

health panel means a panel established under section 181.

health practitioner means an individual who practises a health profession.

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

(a)Aboriginal and Torres Strait Islander health practice;

(b)Chinese medicine;

(c)chiropractic;

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

(e)medical;

(f)medical radiation practice;

(g) midwifery;

(ga)nursing;

(h)occupational therapy;

(i)optometry;

(j)osteopathy;

(ja) paramedicine;

(k)pharmacy;

(l)physiotherapy;

(m)podiatry;

(n)psychology.

Note.

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

health profession agreement has the meaning given by section 26.

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

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

(a)services provided by registered health practitioners;

(b)hospital services;

(c)mental health services;

(d)pharmaceutical services;

(e)ambulance services;

(f)community health services;

(g)health education services;

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

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

(j)pathology services.

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

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

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

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

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

(ii)arranged by an education provider.

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

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

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

Editor’s note—

This definition is an amended Queensland provision.

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

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

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

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

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

national registration and accreditation scheme means the scheme—

(a)referred to in the COAG Agreement; and

(b)established by this Law.

notification means—

(a)a mandatory notification; or

(b)a voluntary notification.

notifier means a person who makes a notification.

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

Editor’s note—

This definition is an additional Queensland provision.

panel means—

(a)a health panel; or

(b)a performance and professional standards panel.

participating jurisdiction means a State or Territory—

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

(b)in which—

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

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

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

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

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

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

(a)includes—

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

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

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

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

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

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

professional misconduct, of a registered health practitioner, includes—

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

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

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

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

prohibition order means—

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

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

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

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

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

public health facility includes—

(a)a public hospital; and

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

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

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

Editor’s note—

This definition is an additional Queensland provision.

registered health practitioner means an individual who—

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

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

registration authority means—

(a)a local registration authority; or

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

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

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

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

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

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

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

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

(a)the National Agency;

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

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

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

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

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

relevant provision—

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

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

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

responsible tribunal means a tribunal or court that—

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

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

Note—

QCAT is the responsible tribunal for this jurisdiction.

Editor’s note—

This definition is an amended Queensland provision.

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

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

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

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

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

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

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

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

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

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

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

(b)a contravention by the practitioner of—

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

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

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

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

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

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

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

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

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

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

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

6   Interpretation generally

Schedule 7 applies in relation to this Law.

7   Single national entity

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

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

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

(a)one participating jurisdiction; or

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

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

8   Extraterritorial operation of Law

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

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

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

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

9   Trans-Tasman mutual recognition principle

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

9A   Regulation-making power

The Governor in Council may make regulations under this Act.

Editor’s note—

This section is an additional Queensland provision.

10   Law binds the State

(1)This Law binds the State.

(2)In this section—

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

(a)the Government of this jurisdiction; and

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

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

Part 2    Ministerial Council

11   Policy directions

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

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

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

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

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

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

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

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

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

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

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

(a)a particular person; or

(b)a particular qualification; or

(c)a particular application, notification, referred matter or proceeding.

Editor’s note—

This paragraph is an amended Queensland provision.

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

12   Approval of registration standards

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

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

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

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

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

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

Note.

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

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

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

13   Approvals in relation to specialist registration

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

(a)the medical profession;

(b)the dentists division of the dental profession;

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

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

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

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

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

(a)an accreditation authority for the profession; or

(b)a specialist college for the profession.

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

14   Approval of endorsement in relation to scheduled medicines

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

Note.

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

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

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

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

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

15   Approval of areas of practice for purposes of endorsement

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

Note.

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

16   How Ministerial Council exercises functions

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

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

17   Notification and publication of directions and approvals

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

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

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

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

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

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

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

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

Part 3    [Repealed]

18   [Repealed]

19   [Repealed]

20   [Repealed]

21   [Repealed]

22   [Repealed]

Part 4    Australian Health Practitioner Regulation Agency

Division 1 National Agency

23   National Agency

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

(2)The National Agency—

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

(b)has a common seal; and

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

(3)The National Agency represents the State.

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

24   General powers of National Agency

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

(a)enter into contracts; and

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

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

25   Functions of National Agency

The functions of the National Agency are as follows—

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

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

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

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

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

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

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

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

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

Editor’s note—

This paragraph is a substituted Queensland provision.

(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.

26   Health profession agreements

(1)The National Agency must enter into an agreement (a health profession agreement) with a National Board that makes provision for the following—

(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.

(2)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.

(3)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.

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

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

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

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

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

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

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

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

(8)In this section—

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

Queensland health practitioner means—

(a)a registered health practitioner whose principal place of practice is in this jurisdiction; or

(b)an applicant for registration whose application for registration includes a declaration under section 77(3) that—

(i)the applicant will predominantly practise the profession in this jurisdiction; or

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

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

Editor’s note—

This section is an additional Queensland provision.

27   Co-operation with participating jurisdictions and Commonwealth

(1)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.

(2)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.

(3)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.

28   Office of National Agency

(1)The National Agency is to establish a national office.

(2)The National Agency is also to establish at least one local office in each participating jurisdiction.

Division 2 Agency Board

29   Agency Board

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

(2)The Agency Board is to consist of at least 5 members appointed by the Ministerial Council.

(3)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.

(4)Schedule 2 sets out provisions relating to the Agency Board.

30   Functions of Agency Board

(1)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.

(2)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.

Part 5    National Boards

Division 1 National Boards

31   Regulations must provide for National Boards

(1)The regulations must provide for a National Health Practitioner Board for each health profession.

(2)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 (the replacement Board).

(3)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.

(4)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.

(5)However, failure to comply with subsection (4) does not affect the validity of the regulation.

(6)In this section—

existing Board means a National Health Practitioner Board in existence immediately before the commencement.

31A   Status of National Board

(1)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.

(2)A National Board represents the State.

32   Powers of National Board

(1)Subject to subsection (2), a National Board has the powers necessary to enable it to exercise its functions.

(2)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.

(3)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.

(4)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.

(5)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.

33   Membership of National Boards

(1)A National Board is to consist of members appointed in writing by the Ministerial Council.

(2)Members of a National Board are to be appointed as practitioner members or community members.

(3)Subject to this section, the Ministerial Council may decide the size and composition of a National Board.

(4)At least half, but not more than two-thirds, of the members of a National Board must be persons appointed as practitioner members.

(5)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.

(6)At least 2 of the members of a National Board must be persons appointed as community members.

(7)At least one of the members of a National Board must live in a regional or rural area.

(8)A person cannot be appointed as a member of a National Board if the person is a member of the Agency Board.

(9)One of the practitioner members of the National Board is to be appointed as Chairperson of the Board by the Ministerial Council.

(9A)The regulations may prescribe matters relating to the composition of practitioner members for a National Board established for 2 or more health professions.

(10)Schedule 4 sets out provisions relating to a National Board.

(11)In this section—

large participating jurisdiction means any of the following States that is a participating jurisdiction—

(a)New South Wales;

(b)Queensland;

(c)South Australia;

(d)Victoria;

(e)Western Australia.

small participating jurisdiction means any of the following States or Territories that is a participating jurisdiction—

(a)the Australian Capital Territory;

(b)the Northern Territory;

(c)Tasmania.

34   Eligibility for appointment

(1)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.

(2)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.

(3)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.

(4)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.

Division 2 Functions of National Boards

35   Functions of National Boards

(1)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 assessment and investigation of matters referred to it by the National Agency 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;

Editor’s note—

This paragraph is an amended Queensland provision.

(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 or to the health ombudsman;

Editor’s note—

This paragraph is an amended Queensland provision.

(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.

(2)For the purposes of subsection (1)(g)-(j), the Board’s functions do not include 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 unless the National Agency has referred the relevant matter to the Board.

Editor’s note—

This subsection is an amended Queensland provision.

36   State and Territory Boards

(1)A National Board may establish a committee (a State or Territory Board) for a participating jurisdiction to enable the Board to exercise its functions in the jurisdiction in a way that provides an effective and timely local response to health practitioners and other persons in the jurisdiction.

(2)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.

(3)The members of a State or Territory Board are to be appointed by the responsible Minister for the participating jurisdiction.

Example.

(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.

(4)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.

(5)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.

(6)At least 2 of the members of a State or Territory Board must be persons appointed as community members.

Note.

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.

(7)Before a responsible Minister appoints a member of a State or Territory Board the vacancy to be filled is to be publicly advertised.

(8)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.

(9)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.

Note.

The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a State or Territory Board.

(10)This section does not limit clause 11 of Schedule 4.

Note.

Clause 11 of Schedule 4 confers power for the establishment of other committees.

37   Delegation of functions

(1)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.

(2)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.

Division 3 Registration standards and codes and guidelines

38   National board must develop registration standards

(1)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.

(2)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.

(3)A registration standard may not be about a matter for which an accreditation standard may provide.

Note.

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.

39   Codes and guidelines

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.

Examples—

1A 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.

2To 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.

40   Consultation about registration standards, codes and guidelines

(1)If a National Board develops a registration standard or a code or guideline, it must ensure there is wide-ranging consultation about its content.

(2)A contravention of subsection (1) does not invalidate a registration standard, code or guideline.

(3)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.

(4)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.

41   Use of registration standards, codes or guidelines in disciplinary proceedings

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.

Part 6    Accreditation

Division 1 Preliminary

42   Definition

In this Part—

accreditation function means—

(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).

Division 2 Accreditation authorities

43   Accreditation authority to be decided

(1)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.

Note.

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.

(2)The National Agency may charge an entity the relevant fee for the exercise of an accreditation function by an accreditation committee.

44   National Agency may enter into contracts with external accreditation entities

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.

45   Accreditation processes to be published

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.

Division 3 Accreditation functions

46   Development of accreditation standards

(1)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.

(2)In developing an accreditation standard for a health profession, an accreditation authority must undertake wide-ranging consultation about the content of the standard.

47   Approval of accreditation standards

(1)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.

(2)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.

(3)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.

(4)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.

(5)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.

(6)An accreditation standard approved by a National Board must be published on its website.

(7)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.

48   Accreditation of programs of study

(1)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.

(2)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.

(3)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.

(4)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.

(5)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.

(6)The internal review must not be carried out by a person who assessed the program of study for the accreditation authority.

49   Approval of accredited programs of study

(1)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.

(2)An approval under subsection (1) may be granted subject to the conditions the National Board considers necessary or desirable in the circumstances.

(3)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.

(4)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.

(5)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.

(6)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.

(7)An approval under subsection (1) does not take effect until the program of study is included in the list published under subsection (5).

50   Accreditation authority to monitor approved programs of study

(1)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.

(2)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)give the National Board that approved the accredited program of study written notice of the accreditation authority’s decision.

51   Changes to approval of program of study

(1)If a National Board is given notice under section 50(2)(b) that an accreditation authority has revoked the accreditation of a program of study approved by the Board, the Board’s approval of the program is taken to have been cancelled at the same time the accreditation was revoked.

(2)If a National Board reasonably believes, because of a notice given to the Board under section 50(2)(b) or for any other reason, that an accredited program of study approved by the Board no longer provides a qualification for the purposes of registration in a health profession for which the Board is established, the Board may decide to—

(a)impose the conditions the Board considers necessary or desirable on the approval of the accredited program of study to ensure the program provides a qualification for the purposes of registration; or

(b)cancel its approval of the accredited program of study.

(3)If a National Board makes a decision under subsection (2), it must give written notice of the decision, including the reasons for the decision, to the accreditation authority that accredited the program.

Part 7    Registration of health practitioners

Division 1 General registration

52   Eligibility for general registration

(1)An individual is eligible for general registration in a health profession if—

(a)the individual is qualified for general registration in the health profession; and

(b)the individual has successfully completed—

(i)any period of supervised practice in the health profession required by an approved registration standard for the health profession; or

(ii)any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the profession; and

(c)the individual is a suitable person to hold general registration in the health profession; and

(d)the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the health profession; and

(e)the individual meets any other requirements for registration stated in an approved registration standard for the health profession.

(2)Without limiting subsection (1), the National Board established for the health profession may decide the individual is eligible for general registration in the profession by doing either or both of the following—

(a)imposing conditions on the registration under section 83;

(b)accepting an undertaking from the individual under section 83A.

53   Qualifications for general registration

An individual is qualified for general registration in a health profession if—

(a)the individual holds an approved qualification for the health profession; or

(b)the individual holds a qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification; or

(c)the individual holds a qualification, not referred to in paragraph (a) or (b), relevant to the health profession and has successfully completed an examination or other assessment required by the National Board for the purpose of general registration in the health profession; or

(d)the individual—

(i)holds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for general registration (however described) in the health profession; and

(ii)was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification.

54   Examination or assessment for general registration

For the purposes of section 52(1)(b)(ii), if a National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.

55   Unsuitability to hold general registration

(1)A National Board may decide an individual is not a suitable person to hold general registration in a health profession if—

(a)in the Board’s opinion, the individual has an impairment that would detrimentally affect the individual’s capacity to practise the profession to such an extent that it would or may place the safety of the public at risk; or

(b)having regard to the individual’s criminal history to the extent that is relevant to the individual’s practice of the profession, the individual is not, in the Board’s opinion, an appropriate person to practise the profession or it is not in the public interest for the individual to practise the profession; or

(c)the individual has previously been registered under a relevant law and during the period of that registration proceedings under Part 8, or proceedings that substantially correspond to proceedings under Part 8, were started against the individual but not finalised; or

(d)in the Board’s opinion, the individual’s competency in speaking or otherwise communicating in English is not sufficient for the individual to practise the profession; or

(e)the individual’s registration (however described) in the health profession in a jurisdiction that is not a participating jurisdiction, whether in Australia or elsewhere, is currently suspended or cancelled on a ground for which an adjudication body could suspend or cancel a health practitioner’s registration in Australia; or

(f)the nature, extent, period and recency of any previous practice of the profession is not sufficient to meet the requirements specified in an approved registration standard relevant to general registration in the profession; or

(g)the individual fails to meet any other requirement in an approved registration standard for the profession about the suitability of individuals to be registered in the profession or to competently and safely practise the profession; or

(h)in the Board’s opinion, the individual is for any other reason—

(i)not a fit and proper person for general registration in the profession; or

(ii)unable to practise the profession competently and safely.

(2)In this section—

relevant law means—

(a)this Law or a corresponding prior Act; or

(b)the law of another jurisdiction, whether in Australia or elsewhere.

56   Period of general registration

(1)The period of registration that is to apply to a health practitioner granted general registration in a health profession is the period (the registration period), not more than 12 months, decided by the National Board established for the profession and published on the Board’s website.

(2)If the National Board decides to register a health practitioner in the health profession during a registration period, the registration—

(a)starts—

(i)if the Board specifies a day, not more than 90 days after the day the Board makes the decision—on that day; or

(ii)otherwise—when the Board makes the decision; and

(b)expires at the end of the last day of the registration period.

Division 2 Specialist registration

57   Eligibility for specialist registration

(1)An individual is eligible for specialist registration in a recognised specialty in a health profession if—

(a)the individual is qualified for registration in the specialty; and

(b)the individual has successfully completed—

(i)any period of supervised practice in the specialty required by an approved registration standard for the health profession; or

(ii)any examination or assessment required by an approved registration standard for the health profession to assess the individual’s ability to competently and safely practise the specialty; and

(c)the individual is a suitable person to hold registration in the health profession; and

(d)the individual is not disqualified under this Law or a law of a co-regulatory jurisdiction from applying for registration, or being registered, in the specialty; and

(e)the individual meets any other requirements for registration stated in an approved registration standard for the specialty.

(2)Without limiting subsection (1), the National Board may decide the individual is eligible for registration in the recognised specialty by doing either or both of the following—

(a)imposing conditions on the registration under section 83;

(b)accepting an undertaking from the individual under section 83A.

58   Qualifications for specialist registration

An individual is qualified for specialist registration in a recognised specialty in a health profession if the individual—

(a)holds an approved qualification for the specialty; or

(b)holds another qualification the National Board established for the health profession considers to be substantially equivalent, or based on similar competencies, to an approved qualification for the specialty; or

(c)holds a qualification, not referred to in paragraph (a) or (b), relevant to the specialty and has successfully completed an examination or other assessment required by the National Board for the purpose of registration in the specialty; or

(d)the individual—

(i)holds a qualification, not referred to in paragraph (a) or (b), that under this Law or a corresponding prior Act qualified the individual for specialist registration (however described) in the specialty; and

(ii)was previously registered under this Law or the corresponding prior Act on the basis of holding that qualification for the specialty.

59   Examination or assessment for specialist registration

For the purposes of section 57(1)(b)(ii), if the National Board requires an individual to undertake an examination or assessment, the examination or assessment must be conducted by an accreditation authority for the health profession, unless the Board decides otherwise.

60   Unsuitability to hold specialist registration

(1)Section 55 applies to the making of a decision by a National Board that an individual is not a suitable person to hold specialist registration in a recognised specialty.

(2)For the purposes of subsection (1), a reference in section 55 to—

(a)general registration in the health profession is taken to be a reference to specialist registration in a recognised specialty; and

(b)the health profession is taken to be a reference to the recognised specialty.

61   Period of specialist registration

(c)the form, or information or documents included in, attached to or given with the form, to be verified in a specified way,

the form is not properly completed unless the requirement is complied with.

Part 3    Terms and references

12   Definitions

(1)In this Law—

Act means an Act of the Legislature of this jurisdiction.

adult means an individual who is 18 or more.

affidavit, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise.

amend includes—

(a)omit or omit and substitute; or

(b)alter or vary; or

(c)amend by implication.

appoint includes reappoint.

Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.

business day means a day that is not—

(a)a Saturday or Sunday; or

(b)a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done.

calendar month means a period starting at the beginning of any day of one of the 12 named months and ending—

(a)immediately before the beginning of the corresponding day of the next named month; or

(b)if there is no such corresponding day—at the end of the next named month.

calendar year means a period of 12 months beginning on 1 January.

commencement, in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation.

Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory.

confer, in relation to a function, includes impose.

contravene includes fail to comply with.

country includes—

(a)a federation; or

(b)a state, province or other part of a federation.

date of assent, in relation to an Act, means the day on which the Act receives the Royal Assent.

definition means a provision of this Law (however expressed) that—

(a)gives a meaning to a word or expression; or

(b)limits or extends the meaning of a word or expression.

document includes—

(a)any paper or other material on which there is writing; or

(b)any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or

(c)any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device).

electronic communication means—

(a)a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or

(b)a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system.

estate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity.

expire includes lapse or otherwise cease to have effect.

external Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act.

fail includes refuse.

financial year means a period of 12 months beginning on 1 July.

foreign country means a country (whether or not an independent sovereign State) outside Australia and the external Territories.

function includes a power, authority or duty.

Gazette means the Government Gazette of this jurisdiction.

gazetted means published in the Gazette.

Gazette notice means notice published in the Gazette.

Government Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument.

individual means a natural person.

information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.

insert, in relation to a provision of this Law, includes substitute.

instrument includes a statutory instrument.

interest, in relation to land or other property, means—

(a)a legal or equitable estate in the land or other property; or

(b)a right, power or privilege over, or in relation to, the land or other property.

internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.

Jervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 (Cwlth).

make includes issue or grant.

minor means an individual who is under 18.

modification includes addition, omission or substitution.

month means a calendar month.

named month means 1 of the 12 months of the year.

Northern Territory means the Northern Territory of Australia.

number means—

(a)a number expressed in figures or words; or

(b)a letter; or

(c)a combination of a number so expressed and a letter.

oath, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise.

office includes position.

omit, in relation to a provision of this Law or an Act, includes repeal.

party includes an individual or a body politic or corporate.

penalty includes forfeiture or punishment.

person includes an individual or a body politic or corporate.

power includes authority.

prescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law.

printed includes typewritten, lithographed or reproduced by any mechanical means.

proceeding means a legal or other action or proceeding.

property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.

provision, in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act, and includes—

(a)a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act; or

(b)a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; or

(c)the long title and any preamble to the Act.

record includes information stored or recorded by means of a computer.

repeal includes—

(a)revoke or rescind; or

(b)repeal by implication; or

(c)abrogate or limit the effect of this Law or instrument concerned; or

(d)exclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance.

sign includes the affixing of a seal or the making of a mark.

statutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding.

statutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument.

swear, in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise.

word includes any symbol, figure or drawing.

writing includes any mode of representing or reproducing words in a visible form.

(2)In a statutory instrument—

the Law means this Law.

13   Provisions relating to defined terms and gender and number

(1)If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.

(2)Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires.

(3)In this Law, words indicating a gender include each other gender.

(4)In this Law—

(a)words in the singular include the plural; and

(b)words in the plural include the singular.

14   Meaning of “may” and “must” etc

(1)In this Law, the word may, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion.

(2)In this Law, the word must, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised.

(3)This clause has effect despite any rule of construction to the contrary.

15   Words and expressions used in statutory instruments

(1)Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force.

(2)This clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument.

16   Effect of express references to bodies corporate and individuals

In this Law, a reference to a person generally (whether the expression “person”, “party”, “someone”, “anyone”, “no-one”, “one”, “another” or “whoever” or another expression is used)—

(a)does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and

(b)does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed).

17   Production of records kept in computers etc

If a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law—

(a)to produce the information or a document containing the information to a court, tribunal or person; or

(b)to make a document containing the information available for inspection by a court, tribunal or person;

then, unless the court, tribunal or person otherwise directs—

(c)the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and

(d)the production to the court, tribunal or person of the document in that form complies with the requirement.

18   References to this jurisdiction to be implied

In this Law—

(a)a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and

(b)a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction.

19   References to officers and holders of offices

In this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned.

20   Reference to certain provisions of Law

If a provision of this Law refers—

(a)to a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or

(b)to a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or

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

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

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

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

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

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

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

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

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

as the case requires.

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

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

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

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

Example.

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

Part 4    Functions and powers

22   Performance of statutory functions

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

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

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

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

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

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

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

24   Matters for which statutory instruments may make provision

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

(a)an Act or statutory instrument; or

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

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

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

(3)A statutory instrument may—

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

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

(i)particular persons, matters or things; or

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

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

(4)A statutory instrument may—

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

(b)otherwise make different provision in relation to—

(i)different persons, matters or things; or

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

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

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

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

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

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

25   Presumption of validity and power to make

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

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

26   Appointments may be made by name or office

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

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

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

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

the person or body may make the appointment by—

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

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

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

27   Acting appointments

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

(a)a person by name; or

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

to act in the office.

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

(3)The appointer may—

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

(b)terminate the appointment at any time.

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

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

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

(a)the appointer otherwise directs; or

(b)the vacancy is filled; or

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

whichever happens first.

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

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

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

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

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

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

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

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

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

28   Powers of appointment imply certain incidental powers

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

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

(b)the power includes—

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

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

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

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

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

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

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

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

29   Delegation of functions

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

(a)a person or body by name; or

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

(2)The delegation may be—

(a)general or limited; and

(b)made from time to time; and

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

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

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

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

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

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

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

(9)If—

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

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

then—

(c)the delegation continues in force; and

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

(10)If—

(a)the delegator is a body; and

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

then—

(c)the delegation continues in force; and

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

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

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

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

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

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

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

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

30   Exercise of powers between enactment and commencement

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

(a)to make an appointment; or

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

(c)to do another thing;

then—

(d)the power may be exercised; and

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

before the empowering provision commences.

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

(a)to make an appointment; or

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

(c)to do another thing;

then—

(d)the power may be exercised; and

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

before the empowering provision commences.

(3)If—

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

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

then—

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

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

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

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

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

the instrument or provision takes effect—

(c)on the making of the instrument; or

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

(5)If—

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

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

the appointment, instrument or provision takes effect—

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

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

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

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

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

Part 5    Distance, time and age

31   Matters relating to distance, time and age

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

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

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

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

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

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

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

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

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

Part 6    Effect of repeal, amendment or expiration

32   Time of Law ceasing to have effect

If a provision of this Law is expressed—

(a)to expire on a specified day; or

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

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

33   Repealed Law provisions not revived

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

(a)is later repealed or amended; or

(b)later expires.

34   Saving of operation of repealed Law provisions

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

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

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

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

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

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

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

35   Continuance of repealed provisions

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

36   Law and amending Acts to be read as one

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

Part 7    Instruments under Law

37   Schedule applies to statutory instruments

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

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

Part 8    Application to coastal sea

38   Application

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