Health Practitioner Regulation National Law (South Australia) Act 2010 (SA)

South Australia

Health Practitioner Regulation National Law (South Australia) Act 2010

An Act to make provision for a national legislative scheme for the regulation of health practitioners; to make provision for local matters associated with the regulation of health practitioners, the registration of pharmacy premises and pharmacy depots and the supply of optical appliances; to repeal certain Acts associated with the regulation of health professions; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Health Practitioner Regulation National Law (South Australia) Act 2010.

3Definitions

(1)
In this Act—
Chief Executive means the Chief Executive of the Department and includes a person for the time being acting in that position;
the Department means the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act;
Health Practitioner Regulation National Law (South Australia) means the provisions applying in this jurisdiction because of section 4;
representative body means a body that is declared by the regulations to be a representative body for the purposes of this Act;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
(2)
Terms used in this Act and also in the Health Practitioner Regulation National Law set out in the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland have the same meanings in this Act as they have in that Law.

Part 2Adoption of Health Practitioner Regulation National Law

4Application of Health Practitioner Regulation National Law

(1)
In this section—

South Australian Health Practitioner Regulation National Law text means—
(a)
until a regulation is made under subsection (3)—the text set out in the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland as in force on 1 July 2010;
(b)
thereafter—the Health Practitioner Regulation National Law (South Australia) set out in the Schedule inserted under subsection (3) (as in force for the time being).

(2)
The South Australian Health Practitioner Regulation National Law text—
1. (a)
  applies as a law of South Australia; and
2. (b)
  as so applying may be referred to as the Health Practitioner Regulation National Law (South Australia); and
3. (c)
  as so applying, forms a part of this Act.
(3)
In connection with the operation of subsections (1) and (2), the Governor may, by regulation, insert a Schedule into this Act that sets out the Health Practitioner Regulation National Law (South Australia).
(4)
If, after the commencement of this section, the Parliament of Queensland enacts a provision to make an amendment to the schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, the amendment does not apply in South Australia but the Governor may, by regulation, modify the Health Practitioner Regulation National Law (South Australia) text to give effect to that amendment as a law of South Australia.
(5)
The Governor may, as part of any regulation made under subsection (4), make any additional provision (including so as to modify the terms of an amendment that has been made by the Parliament of Queensland or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment made by the Parliament of Queensland has proper effect under the law of South Australia.
(6)
A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment made by the Parliament of Queensland in that State (including a day that is earlier than the day of the regulation's publication in the Gazette).
(7)
Section 10 of the Subordinate Legislation Act 1978 does not apply to a regulation made under subsection (3) (but will apply to any subsequent regulation making a modification under this section).

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

In the Health Practitioner Regulation National Law (South Australia)—
magistrate means a person holding office as a magistrate under the Magistrates Act 1983;
magistrates court means the Magistrates Court of South Australia;
this jurisdiction means South Australia.

6Responsible tribunal for Health Practitioner Regulation National Law

The South Australian Civil and Administrative Tribunal is declared to be the responsible tribunal of this jurisdiction for the purposes of the Health Practitioner Regulation National Law (South Australia).

6AReview of appellable decisions by Tribunal

(1)
A person who is the subject of an appellable decision under section 199 of the Health Practitioner Regulation National Law (South Australia) may appeal against that decision by applying to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the appellable decision.
(2)
For the purposes of section 199 of the Health Practitioner Regulation National Law (South Australia), an application under subsection (1) must be made within 28 days after—
(a)
the person making the application was given notice of the appellable decision; or
(b)
the person making the application was given reasons for the appellable decision,
whichever is the later.
(3)
The Tribunal may, in its discretion, extend the time fixed under subsection (2) for making an application under subsection (1), even if the time for making the application has ended.

6BNo internal review by Tribunal

(1)
A decision of the Tribunal under section 196 or 197 of the Health Practitioner Regulation National Law (South Australia) may not be the subject of an application for an internal review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013.
(2)
Section 71(2), (2a) and (3a) of the South Australian Civil and Administrative Tribunal Act 2013 do not apply in relation to an appeal against a decision of the Tribunal under section 196 or 197 of the Health Practitioner Regulation National Law (South Australia).

7Exclusion of legislation of this jurisdiction

(1)
The following Acts of this jurisdiction do not apply to the Health Practitioner Regulation National Law (South Australia) or to instruments made under that Law:
(a)
the Acts Interpretation Act 1915;
(b)
the Freedom of Information Act 1991;
(c)
the Ombudsman Act 1972;
(d)
the Public Finance and Audit Act 1987;
(e)
the Public Sector Act 2009;
(f)
the Public Sector (Honesty and Accountability) Act 1995;
(g)
the Subordinate Legislation Act 1978.
(2)
To avoid doubt, subsection (1)(g) does not apply to a regulation made under section 4(4), (5) or (6).

Part 3Tribunal proceedings and powers8Interpretation

In this Part—
relevant authority means—
(a)
a member of the Tribunal; or
(b)
the Registrar of the Tribunal; or
(c)
any other officer authorised under section 40(5)(c) of the South Australian Civil and Administrative Tribunal Act 2013 to issue summonses.

9Participation of assessors on Tribunal

(1)
For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be—
(a)
a panel of assessors consisting of persons from the health professions under the Health Practitioner Regulation National Law; and
(b)
a panel of assessors consisting of persons who are not members of the health professions under the Health Practitioner Regulation National Law and who are qualified, by reason of their knowledge, expertise and experience, to represent the interests of a broad range of consumers of health services.
(2)
In exercising its powers for the purposes of this Act, the Tribunal will, if the President of the Tribunal so determines, be constituted by 3 members of whom—
(a)
2 will be selected from the panel of assessors constituted under subsection (1)(a); or
(b)
—
(i)
1 will be selected from the panel of assessors constituted under subsection (1)(a); and
(ii)
1 will be selected from the panel of assessors constituted under subsection (1)(b).
(3)
In selecting members from the panel constituted under subsection (1)(a), the President must select 1 person who is a member of the same health profession under the Health Practitioner Regulation National Law as the person in relation to whom the relevant matter relates.
(4)
For the purposes of proceedings before the Tribunal under this Act, the person presiding over the proceedings may, sitting alone—
(a)
deal with—
(i)
preliminary, interlocutory or procedural matters; or
(ii)
questions of costs; or
(iii)
questions of law; or
(b)
enter consent orders; or
(c)
perform any other function or exercise any other power of a prescribed kind,
and may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the member considers appropriate.

10Interim power to suspend or impose conditions

(1)
The Tribunal may, in connection with proceedings before the Tribunal under this Act, if of the opinion that it is desirable to do so in the public interest, and in accordance with any process or procedure determined by the Tribunal—
(a)
suspend the registration of the person the subject of the proceedings; or
(b)
impose conditions on the person's registration restricting the person's right to provide health services,
pending hearing and determination of the proceedings.
(2)
A suspension or condition imposed under subsection (1)—
(a)
will have effect for a period, not exceeding 30 days, determined by the Tribunal; and
(b)
may be extended from time to time for a further period or periods, not exceeding 30 days, determined by the Tribunal.
(3)
In addition, if a National Board, or a panel of a National Board, has exercised its power to suspend the registration of the person the subject of the proceedings or imposed conditions on the person's registration, the Tribunal may revoke or vary the suspension or conditions so imposed.
(4)
Without limiting any other provision or any other law, the person the subject of the proceedings and the relevant National Board are entitled to appear and make submissions at any proceedings under subsection (1) or (2)(b).

11Tribunal proceedings

(1)
Without limiting any other provision or any other Act or law, the Tribunal may adopt procedures under which a member of the Tribunal participates in the proceedings of the Tribunal by means of an audio visual link or an audio link.
(2)
In the course of any proceedings, the Tribunal may—
(a)
receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or a Territory of Australia, of the Commonwealth or of another country, and draw any conclusions of fact from the evidence that it considers proper; and
(b)
adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings.

12Failure to comply with a summons

(1)
In connection with the issuing of a summons under section 40 of the South Australian Civil and Administrative Tribunal Act 2013, if a person summoned by the Tribunal for the purposes of proceedings under this Act—
(a)
fails to produce evidentiary material as required by the summons; or
(b)
fails to appear before the Tribunal as required by the summons; or
(c)
having appeared, refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Tribunal,
a certificate of the failure or refusal, signed by the relevant authority, may be filed in the Supreme Court.
(2)
If a certificate has been filed under subsection (1), a party or, in the case of a summons issued by the Tribunal on its own initiative, the Registrar of the Tribunal, may apply to the Supreme Court for an order directing the person summoned by the Tribunal—
(a)
to produce the evidentiary material; or
(b)
to appear, or be sworn or affirm, or answer questions, before the Tribunal,
(as the case may require) and on that application the Court may make such orders as it thinks fit (including orders for costs).
(3)
The Supreme Court may require that notice be given of an application under subsection (2) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application).

13Request to submit to medical examination at request of another party

(1)
A party whose medical condition is in issue in proceedings before the Tribunal must, at the request of another party to the proceedings, submit to a medical examination, at the cost of the party making the request, by a medical expert nominated by that party.
(2)
If a party has been requested to submit to a medical examination after the proceedings have been referred to the substantive hearing, the party is not required to comply with the request unless the Tribunal authorises the request.
(3)
A party who requests another to submit to a medical examination must, at the request of that other party, pay to the other party a reasonable sum to cover the cost of travelling expenses and loss of earnings from attendance at the medical examination.
(4)
A medical practitioner who carries out a medical examination at the request of a party must prepare a written report setting out the results of the examination.
(5)
A party who requests another party to submit to a medical examination under this section must give the other parties to the action a copy of the report obtained on the examination.
(6)
If the party undergoing the examination does not receive a copy of the medical expert's report for the examination within 14 calendar days after the date of the examination, that party may ask the medical practitioner for a copy of the report.

14Non-compliance with request to submit to medical examination

(1)
If a party fails to comply with a request to submit to a medical examination under section 13, the party that requested the examination may make an application to the Tribunal seeking an order—
1. (a)
  confirming that the relevant party's medical condition is in issue in the proceedings; and
2. (b)
  that the party whose medical condition is in issue must submit to a medical examination.
(2)
If the Tribunal makes an order under subsection (1)(b) that a party must submit to a medical examination and the party does not comply with the order, a certificate of the non‑compliance, signed by the relevant authority, may be filed in the Supreme Court.
(3)
If a certificate has been filed under subsection (2), a party may apply to the Supreme Court for an order directing the other party to comply with the Tribunal's order that the party must submit to a medical examination and on that application the Court may stay the proceedings before the Tribunal until the relevant party complies with the requirement.

15Fine recovery

A fine payable to a National Board under Part 8 Division 12 of the Health Practitioner Regulation National Law (South Australia) may be recovered as a debt due to that National Board.

Part 4Pharmacy practiceDivision 1Interpretation26Interpretation

(1)
In this Part, unless the contrary intention appears—
authorised officer means a person appointed to be an authorised officer under Division 7;
Authority means the Pharmacy Regulation Authority SA constituted under this Part;
dentist means a person registered under the Health Practitioner Regulation National Law—
(a)
to practise in the dental profession as a dentist (other than as a student); and
(b)
in the dentists division of that profession;
director of a body corporate means a member of the board or committee of management of the body corporate, whether validly appointed or not;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
friendly society means a company that is a friendly society under the Corporations Act 2001 of the Commonwealth and that—
(a)
provides mutual benefits to its members; and
(b)
is a non‑profit organisation; and
(c)
has at least 100 members; and
(d)
has a constitution that provides that the main object of the company is to carry on the business of pharmacy;
Friendly Society Medical Association Limited means the friendly society registered under the Corporations Act 2001 of the Commonwealth as a public company under the name Friendly Society Medical Association Limited (ACN 088 347 602);
General Manager means the General Manager of the Authority and includes a person for the time being acting in that position;
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
Metropolitan Adelaide has the same meaning as in the Development Act 1993;
pharmacist means a person registered under the Health Practitioner Regulation National Law in the pharmacy profession (other than as a student);
pharmacist controlled company means a company within the meaning of the Corporations Act 2001 of the Commonwealth—
(a)
in which—
(i)
at least 1 director is a pharmacist; and
(ii)
every director is either a pharmacist or a prescribed relative of a pharmacist; and
(b)
where each holder of shares, or of a beneficial or legal interest in shares, in the company is—
(i)
a pharmacist or a prescribed relative of a pharmacist; or
(ii)
a recognised corporate pharmacy services provider; or
(iii)
a recognised trustee pharmacy services provider; and
(c)
in which a pharmacist is, or pharmacists are, entitled to control the exercise of at least 50% of the voting power—
(i)
at meetings of the directors of the company; or
(ii)
attached to voting shares issued by the company;
pharmacist controlled trust means a trust where each trustee is—
(a)
a pharmacist; or
(b)
a prescribed relative of a pharmacist as long as at least 1 other trustee is a pharmacist; or
(c)
a pharmacist controlled company; or
(d)
a person of a prescribed class;
pharmacy, in relation to premises, means premises registered on the register of pharmacies kept under this Part;
pharmacy business means a business consisting of or involving the provision of pharmacy services;
pharmacy depot means premises (other than a pharmacy) at which—
(a)
prescriptions for drugs or medicines are left for dispensing by a pharmacist; or
(b)
drugs or medicines dispensed by a pharmacist on prescription are left for collection by or on behalf of the person for whom the drugs or medicines are prescribed;
pharmacy services or pharmacy means—
(a)
restricted pharmacy services; or
(b)
other health services (including the supply of goods and the provision of advice) provided in the course of practice by a pharmacist or a person who holds himself or herself out, or is held out by another, as a pharmacist;
pharmacy services provider means—
(a)
any person who holds a proprietary interest in a pharmacy business; or
(b)
any person referred to in section 51(2);
prescribed relative, in relation to a person, means a parent, spouse, domestic partner, child, grandchild, brother or sister of the person;
proprietary interest, in relation to a pharmacy business, means a legal or beneficial interest, and includes an interest as—
(a)
a sole proprietor; or
(b)
a partner; or
(c)
a director, member or shareholder of a company, as defined in the Corporations Act 2001 of the Commonwealth; or
(d)
a trustee or beneficiary of a trust,
and has the meaning affected by subsection (2);
provide, in relation to pharmacy services, means provide services personally or through the instrumentality of another, and includes offer to provide;
related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth;
repealed Act means the Pharmacy Practice Act 2007;
restricted pharmacy services means—
(a)
dispensing drugs or medicines on the prescription of a medical practitioner, dentist, veterinary surgeon or other person authorised to prescribe the drugs or medicines; or
(b)
other services declared by the regulations to be restricted pharmacy services;
spouse—a person is a spouse of another if they are legally married;

unprofessional conduct includes—
(a)
improper or unethical conduct in relation to professional practice; and
(b)
incompetence or negligence in relation to the provision of pharmacy services; and
(c)
a contravention of or failure to comply with—
(i)
a provision of this Act or the Health Practitioner Regulation National Law; or
(ii)
a code of conduct prepared or endorsed by the Authority under this Act; and
(d)
conduct that constitutes an offence punishable by imprisonment for 1 year or more under some other Act or law;
veterinary surgeon means a person who is registered as a veterinary surgeon under the law of this State.
(2)
Without limiting the generality of the expression, a person will be taken to hold a proprietary interest in a pharmacy business if—
(a)
the person is a party to an arrangement of a kind prescribed by the regulations; or
(b)
the person, in the course of carrying on a business, provides a benefit to another for which the person is entitled to receive the profits or income, or a share in the profits or income, of a pharmacy business; or
(c)
the person has, under a franchise or other commercial arrangement, a right to receive consideration that varies according to the profits or income of a pharmacy business.
(3)
For the purposes of this Part, each of the following is a recognised corporate pharmacy services provider:
(a)
a pharmacist controlled company;
(b)
a friendly society;
(c)
a company that carried on a pharmacy business on 1 August 1942 and has continued to do so since that date other than—
(i)
Friendly Society Medical Association Limited; or
(ii)
The Mount Gambier United Friendly Societies Dispensary Limited.
(4)
For the purposes of this Part, a recognised trustee pharmacy services provider is any pharmacist controlled trust.
(5)
For the purposes of this Part, a person occupies a position of authority in a recognised corporate pharmacy services provider if the person—
(a)
is a director of the body corporate; or
(b)
exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or
(c)
manages, or is to manage, the business of the body corporate insofar as that business consists of the provision of pharmacy services; or
(d)
where the body corporate is a proprietary company—is a shareholder in the body corporate.
(6)
For the purposes of this Part, a person who holds more than 10% of the issued share capital of a public company will be regarded as a person occupying a position of authority in that company.
(7)
For the purposes of this Part, a person occupies a position of authority in a recognised trustee pharmacy services provider if the person is a trustee or beneficiary of the trust.
(8)
However—
(a)
a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not, for that reason, to be regarded as a person occupying a position of authority; and
(b)
a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority; and
(c)
a reference in a preceding provision to a beneficiary of a trust is a reference to a beneficiary who receives distributions from the trust.

Division 2Pharmacy Regulation Authority SASubdivision 1Establishment of Authority27Establishment of Authority

(1)
Pharmacy Regulation Authority SA is established.
(2)
The Authority—
(a)
is a body corporate; and
(b)
has perpetual succession and a common seal; and
(c)
is capable of suing and being sued in its corporate name; and
(d)
has all the powers of a natural person that are capable of being exercised by a body corporate; and
(e)
has the functions and powers assigned or conferred by or under this or any other Act.
(3)
If a document appears to bear the common seal of the Authority, it will be presumed, in the absence of proof to the contrary, that the common seal of the Authority was duly affixed to the document.

Subdivision 2Authority's membership28Composition of Authority

(1)
The Authority consists of 5 members appointed by the Governor on the nomination of the Minister of whom—
(a)
1 will be an officer of the Department who has responsibility in relation to the administration of pharmacy services; and
(b)
1 will be selected from a panel of 3 pharmacists nominated by The Pharmacy Guild of Australia (SA Branch); and
(c)
1 will be selected from a panel of 3 pharmacists nominated by the Pharmaceutical Society of Australia (South Australian Branch) Incorporated; and
(d)
1 will be selected from a panel of 3 pharmacists involved in the operation of pharmacies in South Australia, nominated by the Australian Friendly Societies Pharmacies Association; and
(e)
1 will be a person who, in the opinion of the Minister, is qualified by reason of their expertise and experience to represent the interests of the public.
(2)
At least 1 of the members of the Authority must be a woman and 1 must be a man.
(3)
The Governor may appoint a person to be a deputy of a member and a person so appointed may act as a member of the Authority in the absence of the member.
(4)
The requirements of qualification and nomination (if applicable) made by this section in relation to the appointment of a member extend to the appointment of the deputy of that member.

29Terms and conditions of membership

(1)
A member of the Authority will be appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.
(2)
The Governor may remove a member of the Authority from office—
(a)
for breach of, or non‑compliance with, a condition of appointment; or
(b)
for misconduct; or
(c)
for failure or incapacity to carry out official duties satisfactorily.
(3)
The office of a member of the Authority becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not reappointed; or
(c)
resigns by written notice to the Minister; or
(d)
ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Authority; or
(e)
is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or
(f)
is removed from office under subsection (2).
(4)
If a member of the Authority is a member constituting the Authority for the purposes of any proceedings under Division 6 and the member's term of office expires, or the member resigns, before those proceedings are completed, the member may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Authority.

30Presiding member and deputy

The Minister must, after consultation with the Authority, appoint a member who is a pharmacist (the presiding member) to preside at meetings of the Authority and another member who is a pharmacist (the deputy presiding member) to preside at meetings of the Authority in the absence of the presiding member.

31Vacancies or defects in appointment of members

An act or proceeding of the Authority is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

32Remuneration of members

A member of the Authority is entitled to such remuneration, allowances and expenses as the Governor may from time to time determine.

Subdivision 3General Manager and staff33General Manager and staff

(1)
There will be a General Manager of the Authority.
(2)
The General Manager will be appointed by the Authority on terms and conditions determined by the Authority.
(3)
There will be such other staff of the Authority as the Authority thinks necessary for the proper performance of its functions.
(4)
A member of the staff of the Authority is not, as such, a member of the Public Service, but the Authority may employ a person who is on leave from employment in the Public Service or with an instrumentality or agency of the Crown.
(5)
The Authority may, with the approval of the Minister administering an administrative unit of the Public Service, make use of the services, facilities or officers of that unit.

Subdivision 4General functions and powers34Functions of Authority

(1)
The functions of the Authority are:
(a)
to determine, after consultation with authorities considered appropriate by the Authority, the requirements for registration of premises under this Part;
(b)
to ensure that the registers contemplated by this Part are established and maintained;
(c)
to prepare or endorse, subject to the approval of the Minister, codes of conduct for pharmacy services providers;
(d)
to establish administrative processes for handling complaints received against pharmacy services providers or persons who occupy positions of authority in recognised corporate pharmacy services providers or recognised trustee pharmacy services providers (which may include processes under which the provider or person who occupies the position voluntarily enters into an undertaking);
(e)
to provide advice to the Minister as the Authority considers appropriate;
(f)
to carry out other functions assigned to the Authority by or under this or any other Act, or by the Minister.
(2)
The Authority must perform its functions under this Act with the object of protecting the health and safety of the public by achieving and maintaining high professional standards in the provision of pharmacy services in this State.
(3)
If the Minister approves a code of conduct prepared or endorsed by the Authority, the Authority must—
(a)
cause a copy of the code to be published in the Gazette; and
(b)
take reasonable steps to send a copy of the code to each pharmacy services provider to whom it applies; and
(c)
ensure that a copy of the code is published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Authority,
(although proof of compliance with paragraphs (a), (b) and (c) is not necessary for the purpose of any proceedings that involve an alleged contravention of or failure to comply with the code).
(4)
The administrative processes established by the Authority for handling complaints received against pharmacy services providers or persons who occupy positions of authority in recognised corporate pharmacy services providers or recognised trustee pharmacy services providers must be designed—
(a)
to be fair to both the aggrieved person and the respondent; and
(b)
to keep both the aggrieved person and the respondent properly informed about the steps taken by the Authority in response to the complaint; and
(c)
to provide, where appropriate, opportunities for the clarification of any misapprehension or misunderstanding between the aggrieved person and the respondent; and
(d)
to keep both the aggrieved person and the respondent properly informed about the outcome of the processes; and
(e)
to take into account the needs of particular classes of persons who may otherwise suffer disadvantage in the conduct of those processes.

35Delegations

(1)
The Authority may delegate a function or power conferred on the Authority—
(a)
to a specified person or body; or
(b)
to a person occupying or acting in a specified office or position.
(2)
The General Manager may delegate a function or power conferred on the General Manager under this Act—
(a)
to a specified person or body; or
(b)
to a person occupying or acting in a specified office or position.
(3)
A delegation—
(a)
may be made subject to conditions or limitations specified in the instrument of delegation; and
(b)
if the instrument of delegation so provides, may be further delegated by the delegate; and
(c)
is revocable at will and does not prevent the delegator from acting personally in a matter.

Subdivision 5Authority's procedures36Authority's procedures

(1)
Subject to this Act, 3 members constitute a quorum of the Authority.
(2)
A meeting of the Authority (other than for the purposes of hearing and determining proceedings under Division 6) will be chaired by the presiding member or, in his or her absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Authority must choose 1 of their number to preside at the meeting.
(3)
A decision carried by a majority of the votes cast by members of the Authority at a meeting is a decision of the Authority.
(4)
Each member present at a meeting of the Authority has 1 vote on any question arising for decision and, except in hearing and determining proceedings under Division 6, the member presiding at the meeting may exercise a casting vote if the votes are equal.
(5)
A conference by telephone or other electronic means between the members of the Authority will, for the purposes of this section, be taken to be a meeting of the Authority at which the participating members are present if—
(a)
notice of the conference is given to all members in the manner determined by the Authority for the purpose; and
(b)
each participating member is capable of communicating with every other participating member during the conference.
(6)
A proposed resolution of the Authority becomes a valid decision of the Authority despite the fact that it is not voted on at a meeting of the Authority if—
(a)
notice of the proposed resolution is given to all members of the Authority in accordance with procedures determined by the Authority; and
(b)
a majority of the members express concurrence in the proposed resolution by letter, telegram, telefax, fax, email or other written communication setting out the terms of the resolution.
(7)
However, subsections (5) and (6) do not apply in relation to the hearing and determination of proceedings under Division 6 by the Authority as constituted for the purposes of proceedings under that Division.
(8)
The Authority must have accurate minutes kept of its meetings.
(9)
Subject to this Act, the Authority may determine its own procedures.

37Conflict of interest etc under Public Sector provisions

A member of the Authority will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with pharmacists generally or a substantial section of pharmacists in this State.

Subdivision 6Accounts, audit and annual report38Accounts and audit

(1)
The Authority must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year.
(2)
The accounts must be audited at least once in every year by an auditor approved by the Auditor‑General and appointed by the Authority.
(3)
The Auditor‑General may at any time audit the accounts of the Authority.

39Annual report

(1)
The Authority must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act and the work of the Authority during the financial year ending on the preceding 30 June.
(2)
The report must incorporate the audited accounts of the Authority for the relevant financial year.
(3)
The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

Division 3Registration of pharmacies and depots40Registers

(1)
The General Manager must keep the following registers on behalf of the Authority:
(a)
a register of pharmacies;
(b)
a register of pharmacy depots.
(2)
The register of pharmacies must include, in relation to each premises on the register—
(a)
the address of the premises; and
(b)
the full name and nominated contact address of the person who carries on a pharmacy business at the premises; and
(c)
information prescribed by the regulations,
and may include such other information as the Authority thinks fit.
(3)
The register of pharmacy depots must include, in relation to each premises on the register—
(a)
the address of the premises; and
(b)
information prescribed by the regulations,
and may include such other information as the Authority thinks fit.
(4)
A person must, within 1 month after ceasing to carry on a pharmacy business at a pharmacy, inform the General Manager in writing of that fact.
Maximum penalty: $5 000.
(5)
The General Manager is responsible to the Authority for the form and maintenance of the registers.
(6)
The General Manager must correct an entry in a register that is not, or has ceased to be, correct.
(7)
The registers must be kept available for inspection by any person during ordinary office hours at the principal office of the Authority and the registers or extracts from the registers may be made available to the public by electronic means.
(8)
A person may, on payment of the prescribed fee, obtain a copy of any part of a register under this section.

41Registration of premises as pharmacy

(1)
A person must not provide restricted pharmacy services except at premises registered as a pharmacy under this section.
Maximum penalty: $50 000.
(1a)
A person must not own, or hold a proprietary interest in, a pharmacy business unless the business is carried on at premises registered as a pharmacy under this section.
Maximum penalty: $50 000.
(2)
The registered premises must incorporate areas used for any business carried on in association with the provision of pharmacy services.
(3)
If, on application made to the Authority for the registration of premises as a pharmacy, the Authority is satisfied that the premises and its location comply with—
(a)
the requirements of the regulations; and
(b)
the requirements determined by the Authority to be necessary for the registration of the premises as a pharmacy,
the Authority must, subject to subsection (5), register the premises.
(4)
Registration under this section remains in force until 30 September next ensuing after the grant of registration and may from time to time be renewed for successive periods of 1 year expiring on 30 September.
(5)
The Authority must not register, or renew the registration of, premises as a pharmacy unless satisfied that members of the public cannot directly access the premises from within the premises of a supermarket.
(6)
The Authority may refuse to renew the registration of premises as a pharmacy if not satisfied that the premises and its location comply with the requirements of the regulations or the requirements determined by the Authority to be necessary for the registration of the premises as a pharmacy.
(7)
An application for registration or renewal of registration under this section must—
(a)
be made to the Authority in the manner and form approved by the Authority; and
(b)
be accompanied by the registration fee prescribed under the regulations.
(8)
An applicant for registration or renewal of registration must, if the Authority so requires, provide the Authority with specified information to enable the Authority to determine the application.
(9)
This section does not apply in relation to the dispensing of drugs or medicines by a medical practitioner in the ordinary course of his or her profession.
(10)
In this section—
supermarket has the meaning assigned by the regulations.

42Restriction on number of pharmacies

(1)
Friendly Society Medical Association Limited must not provide pharmacy services at more than 40 pharmacies in this State.
Maximum penalty: $50 000.
(2)
A person other than a friendly society must not provide pharmacy services at more than 6 pharmacies in this State.
Maximum penalty: $50 000.
(3)
A friendly society other than Friendly Society Medical Association Limited must not commence to provide pharmacy services at a pharmacy if friendly societies other than Friendly Society Medical Association Limited already provide pharmacy services at 9 pharmacies in this State or, if another number of pharmacies is prescribed, that number (as recorded on the register of pharmacies).
Maximum penalty: $50 000.
(4)
In determining the number of pharmacies at which a natural person provides pharmacy services, pharmacies at which the person provides pharmacy services as a natural person and pharmacies at which any body corporate or trust in which the person occupies a position of authority provides pharmacy services must be taken into account.

43Supervision of pharmacies by pharmacists

(1)
A person who carries on a pharmacy business must ensure that a pharmacist is in attendance and available for consultation by members of the public at each pharmacy at which the business is carried on while the pharmacy is open to the public.
Maximum penalty: $50 000.
(1a)
Subsection (1) does not to apply to a person who carries on a pharmacy business in circumstances where—
(a)
the person is authorised by the Authority to operate the pharmacy business without a pharmacist being physically in attendance at the pharmacy; and
(b)
a pharmacist is, by means of Internet or other electronic communication (other than communication of a kind specified by the Authority), in attendance during any period the pharmacy business is operating and is available for consultation by members of the public.
(1b)
The Authority may only grant an authorisation under subsection (1a)(a) in respect of a pharmacy if—
(a)
the pharmacy is located within a prescribed area; and
(b)
the authorisation is reasonably necessary to ensure that pharmacy services are available to persons who would not otherwise have direct and timely access to such services; and
(c)
the Authority is satisfied that a pharmacy services provider, who is proposed to provide pharmacy services as part of the operation of the pharmacy business without a pharmacist being physically in attendance at the pharmacy, has taken all reasonable steps to ensure that the provider will comply with a code of conduct applying to the provider under this Act in respect of such operation.
(1c)
An authorisation granted under subsection (1a)(a) will be subject to the following conditions:
(a)
any conditions prescribed by the regulations;
(b)
any conditions imposed by the Authority.
(1d)
A condition of an authorisation under subsection (1c) may, without limitation—
(a)
specify a pharmacy service, or pharmacy services of a class, which may not be provided while a pharmacist is not physically in attendance at the pharmacy pursuant to the authorisation; or
(b)
require the physical attendance of a pharmacist at the pharmacy at specified intervals; or
(c)
specify staffing requirements (including staff qualifications) for a pharmacy while a pharmacist is not physically in attendance at the pharmacy pursuant to the authorisation; or
(d)
otherwise limit or restrict the circumstances or manner in which pharmacy services may be provided while a pharmacist is not physically in attendance at the pharmacy pursuant to the authorisation.
(1e)
The Authority may, by notice in writing to a person holding an authorisation under subsection (1a)(a)—
(a)
vary or revoke a condition imposed under subsection (1c)(b); or
(b)
impose a new condition in relation to the authorisation; or
(c)
revoke the authorisation.
(1f)
A person must not contravene or fail to comply with a condition applying in relation to an authorisation granted under subsection (1a)(a).
Maximum penalty: $50 000.
(1g)
Subsection (1b)(a) does not apply in circumstances determined by the Authority to be circumstances of an emergency.
(2)
A person is not in breach of subsection (1) on account of a failure to have a pharmacist in attendance in the manner required by that subsection if—
(a)
restricted pharmacy services or prescribed pharmacy services are not, while a pharmacist is not in attendance, offered to members of the public; and
(b)
access to those areas of the pharmacy used for the provision of restricted pharmacy services or prescribed pharmacy services is physically prevented; and
(c)
the person who carries on the pharmacy business at the premises can prove—
(i)
that the person has taken reasonable steps to consider the interests of members of the public who might be interested in accessing the pharmacy business; and
(ii)
that any period when a pharmacist would not be in attendance was published in advance in accordance with any requirements prescribed by the regulations; and
(iii)
that during the period referred to in subparagraph (ii) the staff at the pharmacy had reasonable on‑call access to a pharmacist or a medical practitioner.
(3)
In addition, it is a defence to an alleged breach of subsection (1) to prove that the pharmacist who would usually be available for the purposes of that subsection was absent due to an exceptional and unforeseen circumstance.
(4)
In this section—
emergency includes an event (whether occurring in the State, outside the State or in and outside the State) that causes, or threatens to cause—
(a)
the death of, or injury or other damage to the health of, any person; or
(b)
the destruction of, or damage to, any property; or
(c)
a disruption to essential services or to services usually enjoyed by the community; or
(d)
harm to the environment, or to flora or fauna;
Note—
This is not limited to naturally occurring events (such as earthquakes, floods or storms) but would, for example, include fires, explosions, accidents, epidemics, pandemics, emissions of poisons, radiation or other hazardous agents, hijacks, sieges, riots, acts of terrorism and hostilities directed by an enemy against Australia.
pharmacist means a person who holds a general registration under the Health Practitioner Regulation National Law to practise in the pharmacy profession.

44Certain other businesses not to be carried on at pharmacy

A person must not, at a pharmacy, carry on a business consisting of or involving—
(a)
the sale of alcohol or tobacco products; or
(b)
the sale of animals; or
(c)
the preparation of food or beverages for sale or consumption; or
(d)
a prescribed activity.
Maximum penalty: $50 000.

45Registration of premises as pharmacy depot

(1)
A person must not use premises outside Metropolitan Adelaide as a pharmacy depot unless the premises are registered as a pharmacy depot under this section.
Maximum penalty: $50 000.
(2)
If, on application made to the Authority for the registration of premises as a pharmacy depot, the Authority is satisfied that—
(a)
the premises comply with the regulations; and
(b)
the premises comply with the requirements determined by the Minister to be necessary for the registration of premises as a pharmacy depot,
the Authority must register the premises.
(3)
Registration under this section remains in force until 30 September next ensuing after the grant of registration and may from time to time be renewed for successive periods of 1 year expiring on 30 September.
(4)
The Authority may refuse to renew the registration of premises as a pharmacy depot if not satisfied that the premises comply with the regulations or the requirements determined by the Authority to be necessary for the registration of the premises as a pharmacy depot.
(5)
An application for registration or renewal of registration under this section must—
(a)
be made to the Authority in the manner and form approved by the Authority; and
(b)
be accompanied by the registration fee prescribed under the regulations.
(6)
An applicant for registration or renewal of registration must, if the Authority so requires, provide the Authority with specified information to enable the Authority to determine the application.

46Conditions

(1)
The registration of a pharmacy or pharmacy depot under this Division will be subject to any condition—
(a)
imposed by the Authority in relation to the registration; or
(b)
prescribed by the regulations.
(2)
The Authority may, if the Authority considers it appropriate to do so, by notice in writing to the person holding the registration, vary a condition to which a registration is subject.
(3)
A person who holds a registration may, on application to the Authority in writing, request the variation of a condition to which the registration is subject and the Authority may, as the Authority thinks fit—
(a)
grant the variation; or
(b)
refuse to grant the variation.
(4)
The condition of a registration may be varied by the addition, substitution or deletion of 1 or more conditions.
(5)
A person must not contravene or fail to comply with a condition of a registration.
Maximum penalty: $50 000.
(6)
A condition of the registration of a pharmacy that is inconsistent with section 43(1a) will, to the extent of the inconsistency, be taken to be modified to give effect to that section.

47Notices

(1)
An authorised officer may issue a notice under this section for the purpose of securing compliance with—
(a)
a condition of a registration under this Division; or
(b)
a requirement imposed in relation to registration under this Division.
(2)
A notice under this section—
(a)
must be in the form of a written notice served on the person to whom it is issued; and
(b)
must specify the person to whom it is issued (whether by name or by a description sufficient to identify the person); and
(c)
must state the purpose for which the notice is issued and give notice of the condition or requirement to which it relates; and
(d)
may impose any requirement reasonably required for the purpose for which the notice is issued including 1 or more of the following:
(i)
a requirement that the person discontinue a specified activity until further notice from an authorised officer or the General Manager;
(ii)
a requirement that the person not carry on a specified activity except subject to specified conditions;
(iii)
a requirement that the person comply with a specified requirement under this Act;
(iv)
a requirement that the person furnish to the General Manager specified reports; and
(e)
must state that the person may, within 28 days, seek a review by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of the decision to issue the notice.
(3)
An authorised officer may, by written notice served on a person to whom a notice under this section has been issued, vary or revoke the notice.
(4)
A person to whom a notice is issued under this section must not, without reasonable excuse, fail to comply with the notice.
Maximum penalty: $10 000.
(5)
A person must not hinder or obstruct a person complying with a notice under this section.
Maximum penalty: $10 000.
(6)
Without limiting subsection (4), if a person to whom a notice is issued under this section fails to comply with the notice, the General Manager may, after due inquiry, suspend or cancel the registration of premises as a pharmacy or pharmacy depot (as the case may be) under this Division.

48Reviewable decisions

(1)
The following are reviewable decisions for the purposes of this Division:
(a)
a refusal by the Authority to register, or renew the registration of, premises as a pharmacy or pharmacy depot under this Division;
(b)
a decision by an authorised officer to issue a notice under section 47;
(c)
a decision by the Authority to suspend or cancel the registration of premises as a pharmacy or pharmacy depot under this Division.
(2)
A person may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of a reviewable decision.
(3)
An application for review must be made to the Tribunal within 28 days after the making of the relevant decision (or such longer period as the Tribunal may allow).

Division 4Registration of pharmacy services providers49Registers

(1)
The General Manager must keep the following registers on behalf of the Authority:
(a)
a register of pharmacy services providers;
(b)
a register of former pharmacy services providers—
(i)
whose registration has been cancelled by disciplinary action under the repealed Act or the Health Practitioner Regulation National Law (South Australia); or
(ii)
who have been prohibited from being a pharmacy services provider or from occupying a position of authority in a body corporate or trust by disciplinary action under the repealed Act or this Act,
(and who have not been reinstated to the register under paragraph (a)).
(2)
The register of pharmacy services providers must include, in relation to each person on the register—
(a)
the full name and nominated contact address of the pharmacy services provider; and
(b)
in the case of a recognised corporate pharmacy services provider or recognised trustee pharmacy services provider—the full names and addresses of all persons who occupy a position of authority in the provider; and
(c)
information prescribed by the regulations,
and may include such other information as the Authority thinks fit.
(3)
The register of former pharmacy services providers must include, in relation to each person on the register, information prescribed by the regulations and may include such other information as the Authority thinks fit.
(4)
The General Manager is responsible to the Authority for the form and maintenance of the registers.
(5)
The General Manager must correct an entry in a register that is not, or has ceased to be, correct.
(6)
The registers must be kept available for inspection by any person during ordinary office hours at the principal office of the Authority and the registers or extracts from the registers may be made available to the public by electronic means.
(7)
A person may, on payment of the prescribed fee, obtain a copy of any part of a register under this section.

50Registration of pharmacy services providers

(1)
A person must not be a pharmacy services provider unless registered under this Division.
Maximum penalty: $10 000.
(2)
Registration remains in force until 30 September next ensuing after the grant of registration and may from time to time be renewed for successive periods of 1 year expiring on 30 September.
(3)
An application for registration or renewal of registration must—
(a)
be made to the Authority in the manner and form approved by the Authority; and
(b)
be accompanied by the registration fee prescribed under the regulations.
(4)
A pharmacy services provider must, within 30 days of any change occurring in the particulars required to be given under this section in relation to registration, inform the General Manager in writing of the change.
Maximum penalty: $10 000.

Division 5Restrictions relating to provision of pharmacy services

51Restrictions relating to provision of pharmacy services

(1)
A person must not provide a restricted pharmacy service unless—
1. (a)
  in the case of a natural person—
  1. (i)
    he or she is a qualified person and provides the service personally or through the instrumentality of a natural person who is a qualified person; or
  2. (ii)
    he or she is a pharmacist who does not hold a current authorisation to practise and provides the service through the instrumentality of a natural person who is a qualified person;
2. (b)
  in the case of a body corporate—
  1. (i)
    the body corporate is a recognised corporate pharmacy services provider; and
  2. (ii)
    the body corporate provides the service through the instrumentality of a natural person who is a qualified person;
3. (c)
  in the case of a trust (however constituted)—
  1. (i)
    the trust is a recognised trustee pharmacy services provider; and
  2. (ii)
    the trust provides the service through the instrumentality of a natural person who is a qualified person.

Maximum penalty: $50 000 or imprisonment for 6 months.

(1a)
A person must not own, or hold a proprietary interest in, a pharmacy business unless that person is—
1. (a)
  a pharmacist; or
2. (b)
  a prescribed relative of a pharmacist who holds a proprietary interest in the pharmacy business; or
3. (c)
  a recognised corporate pharmacy services provider; or
4. (d)
  a recognised trustee pharmacy services provider; or
5. (e)
  a partner in a partnership that carries on the business and in which every partner is either—
  1. (i)
    a pharmacist; or
  2. (ii)
    a prescribed relative of a partner who is a pharmacist; or
  3. (iii)
    a recognised corporate pharmacy services provider; or
  4. (iv)
    a recognised trustee pharmacy services provider.

Maximum penalty: $50 000 or imprisonment for 6 months.

(2)
Subsections (1) and (1a) do not apply in relation to—
1. (a)
  a restricted pharmacy service provided by a natural person who is an unqualified person if—
  1. (i)
    the person carried on a pharmacy business before 20 April 1972 and has continued to do so since that date; and
  2. (ii)
    the service is provided through the instrumentality of a natural person who is a qualified person; or
2. (b)
  a restricted pharmacy service provided by the personal representative of a deceased pharmacist or person referred to in paragraph (a) if—
  1. (i)
    the service is provided for a period of not more than 1 year (or such longer period as the Authority may allow); and
  2. (ii)
    the service is provided through the instrumentality of a natural person who is a qualified person; or
3. (c)
  a restricted pharmacy service provided by the official receiver of a bankrupt or insolvent pharmacist if—
  1. (i)
    the service is provided for a period of not more than 1 year (or such longer period as the Authority may allow); and
  2. (ii)
    the service is provided through the instrumentality of a natural person who is a qualified person; or
4. (d)
  a restricted pharmacy service provided by a person vested by law with power to administer the affairs of a recognised corporate pharmacy services provider that is being wound up or is under administration, receivership or official management if—
  1. (i)
    the service is provided for a period of not more than 1 year (or such longer period as the Authority may allow); and
  2. (ii)
    the service is provided through the instrumentality of a natural person who is a qualified person.
(3)
Subsection (1) does not apply in relation to a restricted pharmacy service provided by—
1. (a)
  an unqualified person in prescribed circumstances; or
2. (b)
  a person pursuant to an exemption under subsection (4).
(4)
The Minister may, by notice in the Gazette, exempt a person from subsection (1) if of the opinion that good reason exists for doing so in the particular circumstances of the case.
(5)
An exemption under subsection (4) may be subject to such conditions as the Minister thinks fit and specifies in the notice.
(6)
A person who contravenes, or fails to comply with, a condition of an exemption under this section is guilty of an offence.

Maximum penalty: $50 000.

(7)
The Minister may, by further notice in the Gazette, vary or revoke a notice under subsection (4).
(8)
In this section—

qualified person, in relation to a restricted pharmacy service, means—
(a)
a person who holds a general registration under the Health Practitioner Regulation National Law to practise in the pharmacy profession; or
(b)
a person authorised by or under another Act to provide such a service.

Division 6Disciplinary proceedings52Preliminary

(1)
In this Division—
(a)
a reference to occupier of a position of authority includes a reference to a person who is not but who was, at the relevant time, the occupier of a position of authority;
(b)
a reference to pharmacy services provider includes a reference to a person who is not but who was, at the relevant time, a pharmacy services provider.
(2)
The Authority and the National Agency or a National Board, or all 3 entities, may agree on protocols that relate to—
(a)
the handling of disciplinary proceedings under this Act and the handling of disciplinary proceedings under the Health Practitioner Regulation National Law;
(b)
the handling of disciplinary proceedings under this Act that relate to matters that are (or may be) relevant to criminal proceedings under the Health Practitioner Regulation National Law.
(3)
Without limiting subsection (2), the Authority may decide not to proceed (or not to proceed further) with proceedings under this Act on account of proceedings under the Health Practitioner Regulation National Law.

53Cause for disciplinary action

(1)
There is proper cause for disciplinary action against a pharmacy services provider if—
(a)
the provider has contravened or failed to comply with a provision of this Act; or
(b)
there has been, in connection with the provision of pharmacy services in which the provider has an interest, a contravention or failure to comply with a code of conduct under this Act applying to the provider; or
(c)
the provider or any person employed or engaged by the provider has, in connection with the provision of pharmacy services, engaged in conduct that would, if the person were a pharmacist, constitute unprofessional conduct; or
(d)
the provider is for any reason not a fit and proper person to be a pharmacy services provider; or
(e)
in the case of a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider, an occupier of a position of authority in the provider—

(i)
has contravened or failed to comply with a provision of this Act; or
(ii)
has, in connection with the provision of pharmacy services by the provider, engaged in conduct that would, if the person were a pharmacist, constitute unprofessional conduct; or
(iii)
is for any reason not a fit and proper person to occupy a position of authority in the provider.
(2)
There is proper cause for disciplinary action against the occupier of a position of authority in a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider if—
(a)
the person has contravened or failed to comply with a provision of this Act; or
(b)
the person has, in connection with the provision of pharmacy services by the provider, engaged in conduct that would, if the person were a pharmacist, constitute unprofessional conduct; or
(c)
the person is for any reason not a fit and proper person to occupy a position of authority in the provider; or
(d)
—
(i)
the provider has contravened or failed to comply with a provision of this Act; or
(ii)
there has been, in connection with the provision of pharmacy services by the provider, a contravention or failure to comply with a code of conduct under this Act applying to the provider; or
(iii)
the provider, or any person employed or engaged by the provider, has, in connection with the provision of pharmacy services by the provider, engaged in conduct that would, if the provider or the person were a pharmacist, constitute unprofessional conduct,
unless it is proved that the person could not, by the exercise of reasonable care, have prevented the contravention, failure to comply or conduct.

54Inquiries as to matters constituting grounds for disciplinary action

(1)
A complaint setting out matters that are alleged to constitute grounds for disciplinary action against a person may be laid before the Authority (in a manner and form approved by the Authority) by—
1. (a)
  the General Manager; or
2. (b)
  the Minister; or
3. (c)
  a representative body; or
4. (d)
  a person who is aggrieved by conduct of the person or, if the person aggrieved is a child or is suffering from a mental or physical incapacity, by a person acting on his or her behalf.
(2)
If a complaint is laid under this section, the Authority must inquire into the subject matter of the complaint unless—
1. (a)
  the Authority considers that the matter should be dealt with under the Health Practitioner Regulation National Law (South Australia); or
2. (b)
  the Authority considers that the complaint is frivolous or vexatious.
(3)
If a complaint has been laid under this section by or on behalf of an aggrieved person and the Authority is satisfied that the complaint arose from a misapprehension on the part of the complainant or from a misunderstanding between the parties, it may, before proceeding further with the hearing of the complaint, require the parties to attend before the General Manager in order to clarify the misapprehension or misunderstanding.
(4)
If, after conducting an inquiry under this section, the Authority is satisfied on the balance of probabilities that there is proper cause for disciplinary action against the respondent, the Authority may, by order, do 1 or more of the following:
1. (a)
  censure the respondent;
2. (b)
  require the respondent to pay to the Authority a fine not exceeding $10 000;
3. (c)
  prohibit the respondent from being a pharmacy services provider;
4. (d)
  prohibit the respondent from occupying a position of authority in a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider.
(5)
The Authority may—
1. (a)
  stipulate that a prohibition under subsection (4) is to apply—
  1. (i)
    permanently; or
  2. (ii)
    for a specified period; or
  3. (iii)
    until the fulfilment of specified conditions; or
  4. (iv)
    until further order;
2. (b)
  stipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person's business until that time.
(6)
If—
1. (a)
  a person has been found guilty of an offence; and
2. (b)
  the circumstances of the offence form, in whole or in part, the subject matter of the complaint,

the person is not liable to a fine under this section in respect of conduct giving rise to the offence.

(7)
The Authority may—
1. (a)
  fix a period within which a fine imposed under this section must be paid;
2. (b)
  on application by a person liable to pay a fine imposed under this section, extend the period within which the fine must be paid.
(8)
A fine imposed under this section is recoverable by the Authority as a debt.
(9)
If the Authority makes an order under subsection (4)(c) in relation to a pharmacist registered under the Health Practitioner Regulation National Law, the General Manager must give written notice of the order to the National Board established for pharmacy.

55Contravention of prohibition order

(1)
If a person carries on business as a pharmacy services provider in contravention of an order of the Authority, the person is guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
(2)
If a person occupies a position of authority in a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider in contravention of an order of the Authority, the person and the provider are each guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
(3)
If a person contravenes or fails to comply with a condition imposed by the Authority as to the conduct of the person or the person's business, the person is guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.

56Constitution of Authority for purpose of proceedings

(1)
The Authority will, for the purpose of hearing and determining proceedings under this Division, be constituted of 3 members, of whom—
1. (a)
  1 will be a legal practitioner appointed by the Minister for the purpose of constituting the Authority under this Division; and
2. (b)
  1 will be a member who is a pharmacist.
(2)
An appointment under subsection (1)(a) will be on terms and conditions determined by the Minister.
(3)
The member referred to in subsection (1)(a) will preside over the proceedings.
(4)
The members of the Authority, other than the legal practitioner, will, for the purposes of any particular proceedings, be selected by the presiding member of the Authority or, in the absence of the presiding member, the deputy presiding member.
(5)
If a member of the Authority as constituted under this section (other than the member presiding over the proceedings) dies or is for any other reason unable to continue with the proceedings, the Authority constituted of the remaining members may, if the member presiding over the proceedings so determines, continue and complete the proceedings.
(6)
Any questions of law or procedure arising before the Authority will be determined by the member presiding over the proceedings and any other questions by unanimous or majority decision of the members.
(7)
The Authority constituted of the member presiding over the proceedings may, sitting alone—
1. (a)
  deal with—
  1. (i)
    preliminary, interlocutory or procedural matters; or
  2. (ii)
    questions of costs; or
  3. (iii)
    questions of law; or
2. (b)
  enter consent orders; or
3. (c)
  perform any other function or exercise any other power of a prescribed kind,

and may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the member considers appropriate.

57Provisions as to proceedings before Authority

(1)
Subject to this Act, the Authority must give to all of the parties to proceedings before the Authority under this Division at least 14 days written notice of the time and place at which it intends to conduct the proceedings, and must afford to the parties a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses, and to make submissions to the Authority.
(2)
However—
(a)
the Authority may, if it thinks special reasons exist for doing so, give a lesser period of written notice under subsection (1); and
(b)
the Authority may, if of the opinion that it is desirable to do so in the public interest—
(i)
suspend the registration of the person the subject of the proceedings; or
(ii)
impose conditions on the person's registration restricting the person's right to provide pharmacy services,
pending hearing and determination of the proceedings.
(3)
The requirement to give written notice under subsection (1) does not extend to adjournments.
(4)
If a party to whom notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the Authority may proceed to hear and determine the matter in the absence of that party.
(5)
A person who is aggrieved by conduct that is the subject-matter of proceedings before the Authority under this Division is, subject to any direction of the Authority to the contrary, entitled to be present at the hearing of the proceedings.
(6)
In the course of proceedings before the Authority under this Division, the Authority may—
(a)
receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or a Territory of Australia, of the Commonwealth or of another country, and draw any conclusions of fact from the evidence that it considers proper;
(b)
adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings.
(7)
The Authority should conduct proceedings under this Division as expeditiously as possible.
(8)
If the Authority takes action under subsection (2)(b) in relation to a pharmacist registered under the Health Practitioner Regulation National Law, the General Manager must give written notice of the action that has been taken to the National Board established for pharmacy.

58Powers of Authority in relation to witnesses etc

(1)
For the purposes of proceedings before the Authority under this Division, the Authority may—
1. (a)
  by summons signed on behalf of the Authority by a member of the Authority or the General Manager, require the attendance before the Authority of a person whom the Authority thinks fit to call before it; or
2. (b)
  by summons signed on behalf of the Authority by a member of the Authority or the General Manager, require the production of relevant documents, records or equipment and, in the case of a document or record that is not in the English language—
  1. (i)
    a written translation of the document or record into English; and
  2. (ii)
    a certificate signed by a translator approved by the Authority certifying that the translation accurately reproduces in English the contents of the document or record; or
3. (c)
  inspect documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or
4. (d)
  require a person to make an oath or affirmation (which may be administered by a member of the Authority) to answer truthfully questions put by a member of the Authority or a person appearing before the Authority; or
5. (e)
  require a person appearing before the Authority (whether summoned to appear or not) to answer questions put by a member of the Authority or by a person appearing before the Authority.
(2)
On the receipt of an application for the issue of a summons under this section, a member or the General Manager may, without referring the matter to the Authority, issue a summons on behalf of the Authority.
(3)
A person who—
1. (a)
  fails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Authority; or
2. (b)
  having been served with a summons to produce—
  1. (i)
    a written translation of the document or record into English; and
  2. (ii)
    a certificate signed by a translator approved by the Authority certifying that the translation accurately reproduces in English the contents of the document or record,
fails, without reasonable excuse, to comply with the summons; or
1. (c)
  misbehaves before the Authority, wilfully insults the Authority or 1 or more of the members in the exercise of the member's official duties, or wilfully interrupts the proceedings of the Authority; or
2. (d)
  refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Authority,

is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.

(4)
A person who appears as a witness before the Authority has the same protection as a witness in proceedings before the Supreme Court.

59Principles governing proceedings

(1)
In proceedings before the Authority under this Division, the Authority—
(a)
is not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and
(b)
must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.
(2)
In proceedings before the Authority, the Authority must keep the parties to the proceedings properly informed as to the progress and outcome of the proceedings.

60Representation at proceedings before Authority

A party to proceedings before the Authority is entitled to be represented at the hearing of those proceedings.

61Costs

(1)
The Authority may award such costs against a party to proceedings before it as the Authority considers just and reasonable.
(2)
A party who is dissatisfied with the amount of the costs awarded by the Authority may request a Master of the District Court to tax the costs and, after taxing the costs, the Master may confirm or vary the amount of the costs awarded by the Authority.
(3)
Costs awarded by the Authority under this section may be recovered as a debt.

62Review by Tribunal

(1)
A right of review lies from a decision of the Authority in proceedings under this Division to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.
(2)
An application for review under subsection (1) of a decision—
(a)
may be made by the complainant or the respondent in the proceedings in which the decision was made; and
(b)
must be instituted within 1 month of the date of the decision (or such longer period as the Tribunal may allow).

63Operation of order may be suspended

(1)
If an order has been made by the Authority, and the Authority or the Tribunal is satisfied that an application for review of the decision has been made, or is intended, the Authority or the Tribunal (as the case requires) may suspend the operation of the order until the determination of the review.
(2)
If the Authority has suspended the operation of an order under subsection (1), the Authority may terminate the suspension, and if the Tribunal has done so, the Tribunal may terminate the suspension.

63AVariation or revocation of conditions imposed by Tribunal

(1)
Subject to subsection (2), if the Tribunal imposed a condition on a practitioner's registration under the Health Practitioner Regulation National Law (South Australia), the Tribunal may, on application by a party to those proceedings, vary or revoke the condition.
(2)
An application by a party under subsection (1) may not be made—
1. (a)
  within 1 month of the imposition of the condition; or
2. (b)
  within 12 months of a previous application under subsection (1) by the party to vary or revoke a condition,

unless leave is granted by the Tribunal.

(3)
A National Board, a panel or the Minister are entitled to appear and be heard on an application under this section.

Division 7Related provisions64Authorised officers

(1)
The Minister may, on the recommendation of the Authority, appoint a suitably qualified person to be an authorised officer for the purposes of this Part.
(2)
An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit.
(3)
An authorised officer (other than the General Manager if appointed as an authorised officer) is subject to direction by the General Manager.
(4)
The Minister may vary or revoke an appointment at any time.
(5)
An authorised officer may investigate any matter relevant to the operation, administration or enforcement of this Part.
(6)
For the purposes of an investigation, an authorised officer may—
(a)
at any reasonable time, enter and inspect registered premises or premises on which the authorised officer reasonably suspects an offence against this Part has been or is being committed; or
(b)
with the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a); or
(c)
while on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the authorised officer reasonably believes may afford evidence relevant to the matters under investigation; or
(d)
require any person who has possession of documents or records relevant to the matters under investigation to produce those documents or records for inspection, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; or
(e)
inspect any documents or records produced to the authorised officer and retain them for such reasonable period as the authorised officer thinks fit, and make copies of the documents or records; or
(f)
require any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the authorised officer in relation to those matters; or
(g)
take photographs, films or video or audio recordings; or
(h)
if the authorised officer reasonably suspects that an offence against this Part has been or is being committed, require the suspected offender to state his or her full name and address.
(7)
An authorised officer must not exercise the power conferred by subsection (6)(a) in relation to any residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate.
(8)
A magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.
(9)
The person in charge of premises at the relevant time must give an authorised officer such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised.
Maximum penalty: $5 000.
(10)
A person who—
(a)
hinders or obstructs an authorised officer in the exercise of powers conferred by this section; or
(b)
uses abusive, threatening or insulting language to an authorised officer; or
(c)
refuses or fails to comply with a requirement of an authorised officer under this section; or
(d)
when required by an authorised officer to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or
(e)
falsely represents, by words or conduct, that he or she is an authorised officer,
is guilty of an offence.
Maximum penalty: $5 000.
(11)
If a person is required to provide information or to produce a document, record or equipment under this section and the information, document, record or equipment would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, record or equipment, but the information, document, record or equipment so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than an offence against this or any other Act relating to the provision of false or misleading information.

65False or misleading statement

A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Part.
Maximum penalty: $20 000.

66Disclosure of information

(1)
The Authority may disclose any information obtained by the Authority while acting under this Part to the National Agency or to a National Board if the disclosure is reasonably required in connection with any aspect of the administration or operation of the Health Practitioner Regulation National Law (including any disciplinary or criminal proceedings under that Law).

Sch 1
Pts 1—16	omitted under Legislation Revision and Publication Act 2002	12.8.2010
Pt 17
cl 28	amended by 31/2012 s 19(1)	1.10.2012
Pt 18
cl 29
prescribed body	amended by 31/2012 s 19(2)	1.10.2012
cl 37
cl 37(1)	amended by 31/2012 s 19(3)	1.10.2012
cl 37(2)	amended by 31/2012 s 19(4)	1.10.2012
cl 37(2a) and (2b)	inserted by 31/2012 s 19(5)	1.10.2012
cl 37(3)	amended by 31/2012 s 19(6)	1.10.2012
cl 39
cl 39(1)	amended by 31/2012 s 19(7), (8)	1.10.2012
amended by 229/2018 Sch 1 cl 1(1)—(4)	1.12.2018
Sch 2—National Law	inserted by 189/2010 r 3	12.8.2010
Pt 1
s 3
heading	amended by 108/2022 r 4(1)	21.10.2022
s 3(2)	amended by 108/2022 r 4(2)	21.10.2022
s 3(3)	deleted by 108/2022 r 4(3)	21.10.2022
s 3A	inserted by 108/2022 r 5	21.10.2022
s 4	amended by 108/2022 r 6	21.10.2022
s 5
ACC	inserted by 344/2017 r 4(1)	13.9.2017
accreditation committee	amended by 229/2018 r 4(1)	1.12.2018
Advisory Council	deleted by 108/2022 r 7(1)	21.10.2022
Agency Board	inserted by 108/2022 r 7(2)	21.10.2022
Agency Management Committee	deleted by 108/2022 r 7(3)	21.10.2022
COAG Agreement	amended by 108/2022 r 7(4)	21.10.2022
CrimTrac	deleted by 344/2017 r 4(2)	13.9.2017
health profession	amended by 229/2018 r 4(2), (3)	1.12.2018
interim prohibition order	inserted by 58/2024 r 4(1)	1.7.2024
Ministerial Council	substituted by 344/2017 r 4(3)	13.9.2017
substituted by 58/2024 r 4(2)	1.7.2024
National Board	amended by 229/2018 r 4(4)	1.12.2018
practice arrangement	inserted by 33/2023 r 4(1)	15.5.2023
prohibition order	inserted by 344/2017 r 4(4)	16.1.2018
amended by 101/2023 r 4	20.9.2023
regulatory body	inserted by 33/2023 r 4(2)	15.5.2023
relevant provision	inserted by 33/2023 r 4(3)	15.5.2023
suspension period	inserted by 58/2024 r 4(3)	1.7.2024
unregistered person	inserted by 33/2023 r 4(4)	15.5.2023
s 7
s 7(1)—(3)	amended by 229/2018 r 5	1.12.2018
Pt 2
s 12
s 12(4)	inserted by 58/2024 r 5	1.7.2024
s 14
s 14(1)	amended by 229/2018 r 6	1.12.2018
s 15	amended by 229/2018 r 7	1.12.2018
s 17
s 17(1)	amended by 108/2022 r 8	21.10.2022
Pt 3	deleted by 108/2022 r 9	21.10.2022
Pt 4
Pt 4 Div 1
s 25	amended by 108/2022 r 10(1), (2)	21.10.2022
s 26
s 26(1)	amended by 229/2018 r 8	1.12.2018
Pt 4 Div 2
heading	substituted by 108/2022 r 11	21.10.2022
s 29
heading	amended by 108/2022 r 12(1)	21.10.2022
s 29(1)	amended by 108/2022 r 12(2)	21.10.2022
s 29(2)	amended by 108/2022 r 12(3)	21.10.2022
s 29(4)	amended by 108/2022 r 12(4)	21.10.2022
s 30
heading	amended by 108/2022 r 13(1)	21.10.2022
s 30(1)	amended by 108/2022 r 13(2), (3)	21.10.2022
s 30(2)	amended by 108/2022 r 13(4)	21.10.2022
Pt 5
s 31	substituted by 229/2018 r 9	1.12.2018
s 31A	inserted by 229/2018 r 9	1.12.2018
s 33
s 33(5)	amended by 229/2018 r 10(1)	1.12.2018
s 33(8)	amended by 108/2022 r 14	21.10.2022
s 33(9A)	inserted by 229/2018 r 10(2)	1.12.2018
s 34
s 34(2) and (3)	substituted by 229/2018 r 11(1)	1.12.2018
s 34(4)	amended by 229/2018 r 11(2)	1.12.2018
s 35
s 35(1)	amended by 108/2022 r 15	21.10.2022
s 38
s 38(1)	amended by 229/2018 r 12(1), (2)	1.12.2018
s 39	amended by 170/2018 r 4	1.8.2018
s 41	amended by 229/2018 r 13	1.12.2018
Pt 6
s 49
s 49(1)	amended by 229/2018 r 14(1)	1.12.2018
s 49(5)	amended by 229/2018 r 14(2)	1.12.2018
s 51
s 51(2)	amended by 229/2018 r 15	1.12.2018
Pt 7
Pt 7 Div 1
s 52
s 52(2)	amended by 33/2023 r 5	15.5.2023
s 56
s 56(2)	amended by 48/2018 r 4	1.3.2018
amended by 58/2024 r 6	1.7.2024
Pt 7 Div 2
s 57
s 57(2)	amended by 33/2023 r 6	15.5.2023
s 61
s 61(2)	amended by 58/2024 r 7	1.7.2024
Pt 7 Div 3
s 62
s 62(2)	amended by 33/2023 r 7	15.5.2023
s 64
s 64(2)	amended by 58/2024 r 8	1.7.2024
Pt 7 Div 4
s 65
s 65(1a) and (1b)	inserted by 344/2017 r 5	13.9.2017
s 65(2)	amended by 33/2023 r 8	15.5.2023
s 71	substituted by 344/2017 r 6	13.9.2017
s 72
s 72(2)	amended by 58/2024 r 9	1.7.2024
Pt 7 Div 5
s 74	amended by 33/2023 r 9	15.5.2023
s 76
s 76(2)	amended by 58/2024 r 10	1.7.2024
Pt 7 Div 6
s 77
s 77(1)	amended by 229/2018 r 16	1.12.2018
s 79
s 79(2)	amended by 344/2017 r 7	13.9.2017
s 83
s 83(1)	amended by 229/2018 r 17	1.12.2018
s 83A	inserted by 33/2023 r 10	15.5.2023
Pt 7 Div 6A	inserted by 33/2023 r 11	15.5.2023
Pt 7 Div 7
s 88
s 88(1)	amended by 229/2018 r 18	1.12.2018
s 92
s 92(2)	amended by 229/2018 r 19	1.12.2018
Pt 7 Div 8
Pt 7 Div 8 Subdiv 1
s 94
94(1)	amended by 229/2018 r 20	1.12.2018
Pt 7 Div 8 Subdiv 2
s 95
s 95(1)	amended by 229/2018 r 21	1.12.2018
Pt 7 Div 8 Subdiv 3 before deletion by 108/2022
s 96
s 96(1)	amended by 229/2018 r 22	1.12.2018
Pt 7 Div 8 Subdiv 3	deleted by 108/2022 r 16	21.10.2022
Pt 7 Div 8 Subdiv 4
s 97
s 97(1)	amended by 229/2018 r 23	1.12.2018
Pt 7 Div 8 Subdiv 5
s 98
s 98(1)	amended by 229/2018 r 24	1.12.2018
Pt 7 Div 8 Subdiv 6
s 102
s 102(3)
relevant section	amended by 108/2022 r 17	21.10.2022
s 103A	inserted by 33/2023 r 12	15.5.2023
Pt 7 Div 9
Pt 7 Div 9 Subdiv 1
heading	inserted by 58/2024 r 11	1.7.2024
s 107
s 107(1)	amended by 229/2018 r 25	1.12.2018
s 109
s 109(1)	amended by 33/2023 r 13(1)	15.5.2023
s 109(1A)	inserted by 33/2023 r 13(2)	15.5.2023
s 112
s 112(2)	amended by 33/2023 r 14(1)	15.5.2023
s 112(3)	amended by 33/2023 r 14(2)	15.5.2023
note	amended by 33/2023 r 14(3)	15.5.2023
s 112(6)	amended by 58/2024 r 12	1.7.2024
Pt 7 Div 9 Subdiv 2	inserted by 58/2024 r 13	1.7.2024
Pt 7 Div 10
s 113
s 113(1)	amended by 168/2019 r 4(1)	1.7.2019
s 113(2)	amended by 168/2019 r 4(2)	1.7.2019
s 113(3)	amended by 229/2018 r 26(1), (2)	1.12.2018
s 115
s 115(1)	amended by 168/2019 r 5(1)	1.7.2019
s 115(2)	amended by 168/2019 r 5(2)	1.7.2019
s 115A	inserted by 101/2023 r 5	20.9.2023
s 116
s 116(1)	amended by 168/2019 r 6(1)	1.7.2019
s 116(2)	amended by 168/2019 r 6(2)	1.7.2019
s 117
s 117(3)	amended by 168/2019 r 7	1.7.2019
note	amended by 33/2023 r 15	15.5.2023
s 118
s 118(1)	amended by 168/2019 r 8(1)	1.7.2019
s 118(2)	amended by 344/2017 r 8	13.9.2017
amended by 168/2019 r 8(2)	1.7.2019
note	amended by 33/2023 r 16	15.5.2023
s 119
s 119(3)	amended by 168/2019 r 9	1.7.2019
note	amended by 33/2023 r 17	15.5.2023
s 120A	inserted by 68/2013 s 4	1.9.2014
deleted by 229/2018 r 27	1.12.2018
s 121
s 121(1)	amended by 168/2019 r 10	1.7.2019
s 122
s 122(1)	amended by 168/2019 r 11	1.7.2019
s 123
s 123(1)	amended by 168/2019 r 12	1.7.2019
s 123A	inserted by 62/2013 s 4	1.2.2014
s 123A(1)	amended by 229/2018 r 28(1), (2)	1.12.2018
s 123A(2)
midwife	substituted by 229/2018 r 28(3)	1.12.2018
restricted birthing practice	amended by 229/2018 r 28(4)	1.12.2018
Pt 7 Div 11
s 124
s 124(1)	amended by 229/2018 r 29(1), (2)	1.12.2018
s 124(3)	amended by 58/2024 r 14	1.7.2024
s 125
s 125(1)	amended by 229/2018 r 30	1.12.2018
s 125(2)	amended by 344/2017 r 9	13.9.2017
s 125(6)	substituted by 48/2018 r 5	1.3.2018
s 125(6A)	inserted by 48/2018 r 5	1.3.2018
s 126
s 126(1)	amended by 229/2018 r 31	1.12.2018
substituted by 33/2023 r 18(1)	15.5.2023
s 126(3)	amended by 344/2017 r 10	13.9.2017
s 126(6)	substituted by 48/2018 r 6	1.3.2018
amended by 33/2023 r 18(2)	15.5.2023
s 126(6A)	inserted by 48/2018 r 6	1.3.2018
s 127
s 127(1)	amended by 229/2018 r 32	1.12.2018
substituted by 33/2023 r 19	15.5.2023
s 127A	inserted by 48/2018 r 7	1.3.2018
s 127A(3)	amended by 108/2022 r 18	21.10.2022
s 129
s 129(2)	amended by 229/2018 r 33	1.12.2018
s 130
s 130(1)	amended by 229/2018 r 34	1.12.2018
s 130(2A)	inserted by 33/2023 r 20(1)	15.5.2023
s 130(3)
relevant event	substituted by 33/2023 r 20(2)	15.5.2023
scheduled medicine offence	inserted by 33/2023 r 20(2)	15.5.2023
s 131
s 131(1)	amended by 229/2018 r 35	1.12.2018
amended by 58/2024 r 15	1.7.2024
ss 131A and 131B	inserted by 58/2024 r 16(1)	1.7.2024
s 132	substituted by 170/2018 r 5	1.8.2018
s 132(4)
practice information	substituted by 33/2023 r 21	15.5.2023
s 133
s 133(1)	amended by 108/2022 r 19	21.10.2022
s 135
s 135(1)	amended by 344/2017 r 11	13.9.2017
s 136
s 136(1)	amended by 108/2022 r 20	21.10.2022
s 137
s 137(1)	amended by 229/2018 r 36	1.12.2018
Pt 8
Pt 8 Div 1
ss 138 and 139	substituted by 33/2023 r 22	15.5.2023
ss 139A and 139B	inserted by 33/2023 r 22	15.5.2023
Pt 8 Div 2
s 140
notifiable conduct	amended by 20/2020 r 4(1)—(5)	1.3.2020
s 141
s 141(2A)	inserted by 20/2020 r 5	1.3.2020
ss 141A—141C	inserted by 20/2020 r 6	1.3.2020
s 142
s 142(1)	amended by 108/2022 r 21	21.10.2022
s 143
s 143(3)	amended by 229/2018 r 37	1.12.2018
Pt 8 Div 5
s 148
s 148(1)	amended by 229/2018 r 38	1.12.2018
s 149
s 149(1)	amended by 229/2018 r 39(1)	1.12.2018
s 149(3)	amended by 229/2018 r 39(2)	1.12.2018
ss 149A and 149B	inserted by 33/2023 r 23	15.5.2023
s 150
s 150(5)	amended by 229/2018 r 40(1)	1.12.2018
s 150(7)	amended by 229/2018 r 40(2)	1.12.2018
s 150A	inserted by 33/2023 r 24	15.5.2023
s 151
s 151(1)	amended by 344/2017 r 12(1)	13.9.2017
amended by 229/2018 r 41	1.12.2018
amended by 33/2023 r 25(1)	15.5.2023
s 151(1A)	inserted by 33/2023 r 25(2)	15.5.2023
Pt 8 Div 7
s 155
immediate action	amended by 48/2018 r 8	1.3.2018
s 156
s 156(1)	amended by 48/2018 r 9	1.3.2018
amended by 229/2018 r 42	1.12.2018
amended by 108/2022 r 22	21.10.2022
s 159A	inserted by 170/2018 r 6	1.8.2018
Pt 8 Div 7A	inserted by 58/2024 r 17	1.7.2024
Pt 8 Div 7B	inserted by 33/2023 r 26	15.5.2023
Pt 8 Div 8
s 160
s 160(1)	amended by 229/2018 r 43	1.12.2018
s 161
s 161(1)	amended by 108/2022 r 23	21.10.2022
s 167A	inserted by 170/2018 r 7	1.8.2018
Pt 8 Div 9
s 171
s 171(2)	amended by 229/2018 r 44	1.12.2018
s 174(2)	amended by 58/2024 r 18	1.7.2024
s 177A	inserted by 170/2018 r 8	1.8.2018
Pt 8 Div 10
s 178
s 178(1)	amended by 229/2018 r 45	1.12.2018
amended by 33/2023 r 27(1), (2)	15.5.2023
s 179
s 179(2)	amended by 33/2023 r 28(1)	15.5.2023
s 179(3)	deleted by 33/2023 r 28(2)	15.5.2023
s 180	substituted by 170/2018 r 9	1.8.2018
s 180(1)	amended by 33/2023 r 29	15.5.2023
Pt 8 Div 11
s 181
s 181(1A)	inserted by 48/2018 r 10	1.3.2018
s 181(2)	substituted by 229/2018 r 46(1)	1.12.2018
s 181(4) and (5)	substituted by 229/2018 r 46(2)	1.12.2018
s 182
s 182(4)	substituted by 229/2018 r 47	1.12.2018
s 184
s 184(3)—(6)	inserted by 48/2018 r 11	1.3.2018
s 190	substituted by 33/2023 r 30	15.5.2023
s 191
s 191(4A)	inserted by 48/2018 r 12	1.3.2018
ss 191A and 191B	inserted by 48/2018 r 13	1.3.2018
s 192
s 192(1)	amended by 48/2018 r 14	1.3.2018
s 192(4)	substituted by 170/2018 r 10	1.8.2018
Pt 8 Div 12
s 193
s 193(1)	amended by 33/2023 r 31(1), (2)	15.5.2023
s 193(3)	inserted by 33/2023 r 31(3)	15.5.2023
s 193A	inserted by 33/2023 r 32	15.5.2023
s 196
s 196(1)	substituted by 229/2018 r 48	1.12.2018
s 196(4)	amended by 344/2017 r 13	13.9.2017
amended by 108/2022 r 24(1), (2)	21.10.2022
amended by 33/2023 r 33	15.5.2023
substituted by 101/2023 r 6	20.9.2023
s 196A	inserted by 344/2017 r 14	16.1.2018
s 196A(1)	amended by 168/2019 r 13	1.7.2019
Pt 8 Div 13
s 199
s 199(1)	amended by 48/2018 r 15	1.3.2018
amended by 33/2023 r 34(1), (2)	15.5.2023
amended by 58/2024 r 19	1.7.2024
s 200	amended by 33/2023 r 35	15.5.2023
Pt 8 Div 14
s 206
s 206(1)	amended by 170/2018 r 11(1)	1.8.2018
s 206(2)	substituted by 170/2018 r 11(2)	1.8.2018
substituted by 33/2023 r 36	15.5.2023
s 206(3) and (4)	inserted by 33/2023 r 36	15.5.2023
Pt 10
Pt 10 Div 1A
s 212A	inserted by 229/2018 r 49	1.12.2018
Pt 10 Div 1
s 213
s 213(2)	substituted by 229/2018 r 50(1)	1.12.2018
s 213(3)	amended by 229/2018 r 50(2)	1.12.2018
Pt 10 Div 2
s 215
s 215(2)	substituted by 229/2018 r 51(1)	1.12.2018
s 215(3)	amended by 229/2018 r 51(2)	1.12.2018
s 217
s 217(2)	amended by 229/2018 r 52	1.12.2018
s 219
s 219(1)	amended by 108/2022 r 25	21.10.2022
Pt 10 Div 2
ss 220A and 220B	inserted by 33/2023 r 37	15.5.2023
Pt 10 Div 3
s 222	substituted by 229/2018 r 53	1.12.2018
s 222(4)	amended by 58/2024 r 20	1.7.2024
s 223	amended by 229/2018 r 54(1), (2)	1.12.2018
amended by 58/2024 r 21	1.7.2024
s 225	heading amended by 58/2024 r 22(1)	1.7.2024
amended by 58/2024 r 22(2)	1.7.2024
s 226
s 226(1)	amended by 229/2018 r 55(1)	1.12.2018
s 226(2)	amended by 229/2018 r 55(2)	1.12.2018
amended by 58/2024 r 23(1)	1.7.2024
s 226(2A)	inserted by 58/2024 r 23(2)	1.7.2024
s 226(3)	amended by 229/2018 r 55(3)	1.12.2018
s 226(4)	inserted by 58/2024 r 23(3)	1.7.2024
s 227	substituted by 229/2018 r 56	1.12.2018
Pt 10 Div 5
s 232
s 232(1)	amended by 229/2018 r 57	1.12.2018
Pt 10 Div 6
s 233
s 233(1)	amended by 229/2018 r 58	1.12.2018
Pt 11
Pt 11 Div 1
s 235
s 235(2)	amended by 229/2018 r 59	1.12.2018
s 236
s 236(3)
protected person	(a) deleted by 108/2022 r 26(1)	21.10.2022
amended by 108/2022 r 26(2)	21.10.2022
Pt 11 Div 3
s 241A	inserted by 168/2019 r 14	1.7.2019
s 241A(1)	amended by 58/2024 r 24(1)	1.7.2024
s 241A(2)	amended by 58/2024 r 24(2)	1.7.2024
s 242	amended by 168/2019 r 15	1.7.2019
Pt 11 Div 4
s 246
s 246(1)	substituted by 344/2017 r 16	13.9.2017
s 246(1a)—(1d)	inserted by 344/2017 r 16	13.9.2017
Pt 12
Pt 12 Div 11
s 284
s 284(5)
National Board	substituted by 229/2018 r 60(1)	1.12.2018
private midwifery	amended by 229/2018 r 60(2)	1.12.2018
Pt 12 Div 16	deleted by 108/2022 r 27	21.10.2022
Pt 13
Pt 13 Div 1	inserted by 344/2017 r 17	13.9.2017
Pt 13 Div 2	inserted by 344/2017 r 18	16.1.2018
ss 318 and 319	inserted by 48/2018 r 16	1.3.2018
s 320	inserted by 229/2018 r 61	1.12.2018
ss 322 and 323	inserted by 229/2018 r 62	1.12.2018
Pt 14	inserted by 108/2022 r 28	21.10.2022
Pt 15	inserted by 101/2023 r 7	20.9.2023
Sch 1	deleted by 108/2022 r 29	21.10.2022
Sch 2
heading	substituted by 108/2022 r 30	21.10.2022
cl 1
Chairperson	amended by 108/2022 r 31(1)	21.10.2022
Committee	deleted by 108/2022 r 31(2)	21.10.2022
member	amended by 108/2022 r 31(3)	21.10.2022
cl 4
cl 4(1)	amended by 108/2022 r 31(4)	21.10.2022
cl 4(2)	amended by 229/2018 r 63	1.12.2018
amended by 108/2022 r 31(5)	21.10.2022
cl 4(3)	amended by 108/2022 r 31(6)	21.10.2022
cl 5
cl 5(1)	amended by 108/2022 r 31(7)	21.10.2022
cl 5(2)	amended by 108/2022 r 31(8)	21.10.2022
note	amended by 108/2022 r 31(9)	21.10.2022
cl 7
cl 7(1)	amended by 108/2022 r 31(10)	21.10.2022
cl 7(2)	amended by 108/2022 r 31(11)	21.10.2022
cl 8
cl 8(1)	amended by 108/2022 r 31(12)	21.10.2022
cl 8(2)	amended by 108/2022 r 31(13)	21.10.2022
cl 8(3)	amended by 108/2022 r 31(14)	21.10.2022
cl 8(4)	amended by 108/2022 r 31(15)	21.10.2022
cl 8(5)	amended by 108/2022 r 31(16)	21.10.2022
cl 9	amended by 108/2022 r 31(17)	21.10.2022
cl 10	amended by 108/2022 r 31(18)	21.10.2022
cl 11	amended by 108/2022 r 31(19)	21.10.2022
cl 12
cl 12(1)	amended by 108/2022 r 31(20)	21.10.2022
cl 13	amended by 108/2022 r 31(21)	21.10.2022
cl 14
cl 14(1)	amended by 108/2022 r 31(22)	21.10.2022
cl 14(2)	amended by 108/2022 r 31(23)	21.10.2022
cl 14(3)	amended by 108/2022 r 31(24)	21.10.2022
cl 15	amended by 108/2022 r 31(25)	21.10.2022
cl 16	amended by 108/2022 r 31(26)	21.10.2022
Sch 3
cl 1
cl 1(1)	amended by 108/2022 r 32(1)	21.10.2022
cl 2
cl 2(1)	amended by 108/2022 r 32(2)	21.10.2022
cl 2(2)	amended by 108/2022 r 32(3)	21.10.2022
cl 3
cl 3(2)	amended by 108/2022 r 32(4)	21.10.2022
cl 4
cl 4(1)	amended by 108/2022 r 32(5)	21.10.2022
cl 4(2)	amended by 108/2022 r 32(6)	21.10.2022
Sch 4
cl 2
cl 2(1)	cl 2 redesignated as cl 2(1) by 229/2018 r 64(1)	1.12.2018
cl 2(2)	inserted by 229/2018 r 64(1)	1.12.2018
cl 4
cl 4(2)	amended by 229/2018 r 64(2)	1.12.2018
cl 10	amended by 229/2018 r 64(3)	1.12.2018
cl 11	amended by 229/2018 r 64(4)	1.12.2018
Sch 5
cl 3
cl 3(2)	amended by 58/2024 r 25	1.7.2024
Sch 6
cl 3
cl 3(2)	amended by 58/2024 r 26	1.7.2024
cl 16
cl 16(1)	substituted by 168/2019 r 16(1)	1.7.2019
cl 16(3)	inserted by 168/2019 r 16(2)	1.7.2019
cl 17
cl 17(1)	amended by 168/2019 r 16(3)	1.7.2019
cl 17(2)	amended by 168/2019 r 16(4)	1.7.2019
Sch 7
cl 38	amended by 108/2022 r 33	21.10.2022

Transitional etc provisions associated with Act or amendments

Health Practitioner Regulation National Law (South Australia) (Miscellaneous) Amendment Act 2012, Sch 1—Transitional provision

1—Interpretation

In this Schedule—
principal Act means the Health Practitioner Regulation National Law (South Australia) Act 2010.

2—Transitional provision

The amendments effected to Part 4 of the principal Act by this Act do not affect a person's interest in a pharmacy business as it exists immediately before the commencement of this Schedule and the person may continue to hold any such interest until he or she disposes of the interest.

Statutes Amendment (SACAT) Act 2019, Pt 16

112—Transitional provisions

(1)
A right of appeal to the District Court under the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.
(2)
Nothing in subsection (1) affects any proceedings before the District Court commenced before the relevant day.
(3)
A right of appeal to the South Australian Health Practitioners Tribunal under section 199 of the Health Practitioner Regulation National Law (South Australia) in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the South Australian Health Practitioners Tribunal.
(4)
Any proceedings before the South Australian Health Practitioners Tribunal under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal.

(5)
The Tribunal may—
(a)
receive in evidence any transcript of evidence in proceedings before the South Australian Health Practitioners Tribunal, and draw any conclusions of fact from that evidence that appear proper; and
(b)
adopt any findings or determinations of the South Australian Health Practitioners Tribunal that may be relevant to proceedings before the Tribunal; and
(c)
adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the South Australian Health Practitioners Tribunal before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and
(d)
take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.
(6)
The South Australian Health Practitioners Tribunal is dissolved by force of this subsection.
(7)
Subject to subsection (8), a member of the South Australian Health Practitioners Tribunal holding office when subsection (6) comes into operation will cease to hold office at that time and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (but any such termination will not affect any right of action that a person may have against a Minister or the State on account of that termination).
(8)
A person who, immediately before the relevant day, held an appointment under section 10 of the principal Act (as in force immediately before the relevant day) will be taken to have been appointed as an assessor under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 and will hold office as an assessor for the remainder of the term specified in the panel member's instrument of appointment under section 10.
(9)
In this section—
principal Act means the Health Practitioner Regulation National Law (South Australia) Act 2010;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.

Historical versions

12.8.2010
1.10.2012
17.6.2013
1.2.2014
1.9.2014
13.9.2017 (electronic only)
16.1.2018
1.3.2018
1.8.2018
1.12.2018
1.7.2019
9.8.2019
1.3.2020
1.12.2021
21.10.2022
15.5.2023
20.9.2023